Curtilage of protected structure planning

Clonback

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My neighbour lives in a house which is a protected structure.Last year she gifted her back garden to her son and he is seeking planning to demolish old building at rear of garden and built a new house.
Is the garden now within the Curtilage of the protected structure as its not owned any longer by owner of the protected structure?
 
Protected structures are 'living' buildings, so development is allowed subject to normal planning and conditions. Have you checked the status of building- is it local, regional or national importance. Google NIAH and you can normally see
 
Thanks Jumpstart.The building is located in a conservation area of Dublin and was probably built c.1850
 
I live in a protected structure and the mews in the back garden is also protected as was the lean to garden shed
 
Thanks Waver.My query is --- if the main house is a protected structure and the shed at the back while within the Curtilage is sold it appears it then is outside and is no longer subject to protected status.The existing shed is not on the protected listing.

Any further views?
 
I think you need specialist advice here. Transferring ownership of the back garden in an attempt to get around the requirements of Planning and Heritage legislation could land you in very expensive waters. Historic use of the land will play a role in defining the extent of the curtilage.
 
Selling the land or breaking it into separate sites does not change the protected status of the original site.
 
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