Keeping A Weather Eye On Polytunnels
The South West’s wide practice of growing fruit and vegetables in polytunnels is at risk after a recent High Court judgment.
South West farmers may have to take down these polytunnels after the Court decided that they were permanent structures and therefore need planning permission. Countryside groups are delighted with the judgment.
The case concerned large walk-in plastic polytunnels at Tuesley Farm in Hereford. They were approximately 3.5 metres high, remained in location from three to seven months in any one year, and needed dismantling before removing.
The High Court considered the size of the polytunnels, their permanence, and degree of attachment to the land. The Court ruled that Tuesley Farm’s polytunnels amounted to development requiring planning permission, and they were not covered by permitted development rights.
Karen Trickey, associate at Foot Anstey said, “This judgment has certainly attracted great interest but it does not automatically mean that all polytunnels need planning permission. The critical factors are their characteristics and pattern of use.
“However, the High Court’s decision will certainly influence many local authorities who previously allowed construction of polytunnels without planning permission.”
For example, Hereford County Council’s legal practice manager has said “The Tuesley Farm case has finally crystallised the law on polytunnels with the judge giving a clear indication that such developments need planning permission.”
Countryside campaign groups are delighted with the ruling as the application for planning permission gives an important opportunity for objectors to voice their concerns to the council.
On the other hand, the NFU has expressed disappointment with the decision as the uncertainty and the inevitable delays caused by applying for planning permission for polytunnels could severely undermine the UK’s £300 million a year soft fruit industry.
The implications of the case for farmers and growers in the South West remain to be seen, but anyone currently using polytunnels, or considering putting some up in the near future, would be well advised to keep a weather eye upon the potential requirement to obtain planning permission.
Published 11/06/2007.
