Due to its large size, Texas has a very diverse landscape, which resembles both the southern and the southwestern areas of the United States. In referring to the functional relationship of the two buildings I had in mind the words in Sinclair-Lockhart’s Trustees v. Central Land Board (1950) 1 P&CR 195, where it was held that: The ground which is used for the comfortable enjoyment of a house or other building may be regarded in law as being within the curtilage of that house or building and thereby as an integral part of the same although it has not been marked off or enclosed in any way.
Essentially the new owners of the land, Artworks Creekside 2 (a consortium between the former owner John Cierach and another company (Stow Projects) whose directors Charlie and William Fulford have history, among other things with box-park pop-ups such as ‘Artworks Elephant’ on the former Heygate estate in Elephant & Castle) want to stack a load of converted shipping containers up to create Deptford’s very own box park.
In answer to Tina’s query, the change of use of the extra land taken into a domestic garden, if that land had previously been in some other (non-residential) use, e.g. agricultural, will not become immune from enforcement and therefore lawful until there has been 10 years’ continuous and uninterrupted use of that land following the unlawful change of use.
In the vast majority of cases, the whole of a domestic property will constitute a single planning unit, so that the lawful use of the whole of the property will be use as a single private dwellinghouse within Use Class C3 of the Use Classes Order, and this necessarily includes the whole of the land enjoyed with it for domestic purposes, whether it falls inside or outside the slightly narrower definition of ‘residential curtilage’.
I would not agree that a structure other than a building (as normally understood) could never have a curtilage, as any structure can come within the definition of a ‘building’ (see section 336 of the 1990 Act.) However, the nature and use of the ‘building’ in question must necessarily govern or limit what land (if any) can reasonably be said to serve the building in some useful and necessary way.