The decision by Herefordshire Council regarding the requirement for planning permission for polytunnels is extremely disappointing and concerning for all involved in the soft fruit industry. Herefordshire has always been at the forefront of working with growers and the current NFU/British Summer Fruits code of practice is based on one Herefordshire growers have used for several years. The decision taken on planning goes against the advice we have regarding the outcome of the Tuesley Farm case and this point was raised at the highest level within the Council, but seemingly ignored.

More concerning has been the relative lack of direction from the Department of Communities and Local Government (DCLG) which is responsible for decisions on national planning policy. Their take at present is that it should be up to the courts to decide what is right or wrong, which cannot be right when so much is at stake. This is a national issue which needs guidance from central government - this is something the NFU are working hard to try and achieve before huge costs are incurred by industry and local authorities fighting what will be long drawn-out court cases.

In the meantime does this ruling also mean that all those supermarket marquees which have appeared again selling plants and garden goods fall foul of regulations? I don’t suppose so.

This whole issue of polytunnel planning highlights a growing problem with planning regulations and farm diversification. As growers and farmers we are being continually told we have to change our businesses to work in a free market economy and respond to and meet the demands of our customers. This is likely to result in changes in use of both buildings and land. Unfortunately the planning process does not seem to recognise this. While I would not expect us to have special treatment within the planning system, if we are to change and adapt to suit market conditions, the regulations governing that change have to be modified to allow it to happen.

Finally, I think it would be remiss of me to finish without reminding you all again about waste regulations. The waste management regulations, which came into force on May 15 2006, apply strict controls to the way our industry manages its waste.

In many cases the regulations do not preclude us per se from undertaking the activities we have in the past, but to continue doing so you will need an appropriate license or exemption from the Environment Agency. You only have until May 15 to register waste which you wish to treat under the exemptions from the waste management licensing. To register, call the Environment Agency on 0845 6033113.

I have done it myself and do not recall it being too onerous.

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