Polytunnel users have been left in a state of anxiety and confusion after Herefordshire Council confirmed at a meeting last week that it would be pressing ahead with plans to introduce legislation requiring planning permission for the structures.
At a council meeting last Thursday representatives voted in favour of pursuing legislation for all new and some existing polytunnel structures. The final decision on how to progress will now be taken at a further meeting today (Thursday) of Herefordshire’s Environment Scrutiny Committee.
Herefordshire has taken the Hall Hunter polytunnel ruling late last year as precedent, and appears to have decided to override its own voluntary code of practice in favour of legislative action. It has this week issued a guidance note to planning officers updating them on the need to scrutinise whether the structures require permission.
To add to the uncertainty for growers, planning officers suggested that it could take around 18 months to work out the full criteria for polytunnel legislation.
NFU president Peter Kendall has written to Herefordshire Council to implore them to reconsider the decision. Chief horticultural adviser Philip Hudson also called on Defra to provide clearer guidance to local authorities before a situation arises whereby each council is taking different and unilateral decisions.
Grower Anthony Snell, who is also chairman of the NFU West Midlands’ Horticultural Board, told Commercial Grower that the current state of affairs was a ‘confusing muddle’ that left growers in the county and nationally ‘extremely worried.’ “We feel that the council’s lawyer has misinterpreted the Tuesley ruling which specifically said that it was not meant as a national precedent. I don’t believe their lawyer full understands the different types of polytunnels and the scale of their development.”
It is believed there is still support from a number of council members, who are nervous that the publicity surrounding the case could see other councils following suit to the detriment of UK food production. Snell also expressed optimism that progress could still be made if the line of dialogue with the council is maintained.
Conservative MP and secretary of the All Party Parliamentary Fruit Group, Hugh Robertson, commented that the decision was ‘disastrous’ for UK horticulture. “I’ve always thought the High Court decision was disastrous for the industry. I hope that other councils will think carefully about the environmental damage this will do,” he told Commercial Grower.
Herefordshire Council were repeatedly contacted for their view, but were unavailable for comment.
In another development a petition has been set up on the Prime Minister’s website calling for the removal of the need for planning permission for polytunnels.
At the time of going to press, over 220 names had signed the petition. Growers wanting to add their names should visit http://petitions.pm.gov.uk/noPP4polytunnels.
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