Size frequently does matter
Agonising over whether feature A lies within the curtilage of building B is a bit like trying to describe your circle of “old friends”. The concept is understandable but borderline cases are bound to arise. Just such is Lowe v Secretary of State for the Environment, Food and Rural Affairs [2003] 08 EG 129 (CS).
Where the problem is one of size, Lowe can be usefully compared and contrasted with Skerrits of Nottingham Ltd v Secretary of State for Transport and the Regions (No 2) [2000] PLSCS 41, briefly discussed in
Size frequently does matter
Agonising over whether feature A lies within the curtilage of building B is a bit like trying to describe your circle of “old friends”. The concept is understandable but borderline cases are bound to arise. Just such is Lowe v Secretary of State for the Environment, Food and Rural Affairs [2003] 08 EG 129 (CS).
Where the problem is one of size, Lowe can be usefully compared and contrasted with Skerrits of Nottingham Ltd v Secretary of State for Transport and the Regions (No 2) [2000] PLSCS 41, briefly discussed in PP 2000/9.
