Council Meeting (Wednesday 16th April)

[Lou]

Thanks Sarah - sounds like good news.

[porf]

The cinema is covered by the statement "that the curtilage of the Scenic Railway would be determined once counsel had seen sought"."

The curtilage is currently undefined, it may eventually include the Cinema, it may not.

[CW]

I found this, which may aid the understanding of 'Curtilage', I didn't have a clue!

How do you define the curtilage of a listed building?

Determining the curtilage of a listed building is not always a simple matter. The main tests relate to the physical layout of the land surrounding the building at the date of listing and the relationship of objects or structures to each other. Changes in ownership after listing are not relevant. A structure must be ancillary and subordinate to be included in the listing and not historically an independent building. Where a self-contained building is fenced or walled off at the date of listing it is likely to be regarded as being part of a separate curtilage regardless of any historical relationship. The structure must form part of the land and this probably requires some degree of physical annexation. Some buildings have no curtilage, so for example a listed farmhouse may bring an adjacent unlisted dovecote under control but a listed dovecote would not bring control to the unlisted farmhouse.

[EAS]

I'm very aware of the nature of 'curtilage' and how it's defined in national planning policy and law, and also the legal test cases which have been brought which can be cited. Which is why I said it's not a simple matter.

But disappointed if the cinema hasn't been considered as a listed structure at risk in its own right.

A Repairs Notice must be accompanied by a plan showing the boundary of the site that is the subject of the notice. In this case the Scenic Railway is so large, and so key to an understanding of the history of the site, that it is logical to include the entire Dreamland site, as defined in policy T8 of the Thanet Local Plan, as its curtilage. This would include the cinema building which forms the principal site entrance. Due to the deteriorating condition of the cinema, Members might wish to consider whether it would be appropriate to give the option to serve a Repairs Notice on this building as well.

However - a Repairs Notice doesn't need to specify curtilage, that's more of importance if a CPO has to be put into place, when any land deemed 'necessary' can be included.

[porterm]

Just to let you all know I heard the midday news on Maidstone's KMFM radio station which described last night's events as a "twist in the tale". Very good to hear it covered in their West Kent region anyhow.

Martin

[EAS]

Well, it will be useful to find out exactly what is to be done - I have no doubt the details will be thrashed out in due course.

I am interested in the cinema too though - as is the CTA:

http://www.cinema-theatre.org.uk/home.htm

I try to keep the CTA up to date with what's happening.

[EAS]

Kentonline (Nick Evans report):

http://www.kentonline.co.uk/kol08/artic ... e_id=40246

[Sarah]

Ah, thank you for deciphering my post CW. I appear to have lapsed into Planning Committee speak there, apologies. I blame the trip to the pub.

It took me some time to get my head around curtilage, so I know to never assume that its meaning is clear.

Sarah

[EAS]

There are buildings which can be considered listed as curtilage - which is a thorny issue and at times one 'which only the courts can decide' - which has muddied waters - and what is deemed the land required as curtilage to the structure in the event of a CPO. In order to put in place a Repairs Order I don't think (and I've been checking with a CO friend) that the land has to be totally defined at this stage.

I had hoped that the cinema would be treated as a separate building at risk. If required, an Urgent Works notice could be used.

I have no doubt all will become clear in time. I can see why counsel's advice has been sought though.