All over the papers this morning
A slide pinned to a cliff face that shoots users into the sea – as long as the tide is in – has landed adventurer Bear Grylls in hot water.
The television survivalist for whom grappling with crocodiles and venomous snakes is all in a day’s work now finds himself facing a more mundane but potentially more successful challenger, the local planning officials.
Chief Scout Grylls provoked the interest of the authorities when he cheerfully tweeted a picture of a slide that had just been installed on the island he owns off the coast of North Wales.
“New slide attached at home on our island! You hit the water very fast!!!” he enthused.
The slide, however, has prompted concerns about safety because it can only be used for two hours a day, when the tide is in, and about planning regulations because it is a designated area of outstanding natural beauty.
Officials from Gwynedd Council are now investigating whether the Grylls has breached any planning rules by installing the slide on St Tudwal’s Island West, off Abersoch.
“Officers from the Council’s Planning Service are investigating this case and will be discussing the matter with the site owner,” said a spokesman for the council.
He added that officials “are still looking” into the regulations to establish how slides are classified within planning law, adding: “They don’t know at the moment whether planning is needed or not.”
The key issue is whether it forms part of the ‘domestic curtilege’. The island has a former lighouse convertered into a home and nought else and a very small demarkated garden directly around it. The key issue is whether PDS rights applying to a ‘domestic curtilege’ apply.
The case of Sinclair-Lockhart’s Trustees v Central Land Board (1951), applies.
Sir Graham Eyre QC, sitting as deputy judge, considered that in determining the nature and extent of the curtilage of a dwellinghouse, it is important that it should serve the purposes of the dwelling in some necessary or useful manner … On the facts in this case, the rough part of the garden could not be described as part of the curtilage of the cottage, since it did not serve the cottage… One definition of curtilage often cited is ‘the ground which is used for the comfortable enjoyment of the house or building… serving the purpose of the house or building in some necessary or reasonably useful way’. This formulation, from
So rough land on an island not demarkated as a curtilege does not benefit from PD rights under class E
The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure.
There is no AONB exemption. However such a harmless bit of fun, adding a minor curiosity to our coastline, I cant see any but the most anal planning authority refusing.