NFU intervenes over polytunnels

The NFU is intervening directly in a legal battle over the use of polytunnels on a farm in Herefordshire.

The farm business was granted planning permission by Herefordshire Council in 2008 for polytunnels covering 255 hectares, of which 54 hectares would be covered at any one time. However, a local Wye Valley action group won a High Court challenge against the local authority’s decision.

The judge ruled that Herefordshire Council had made an "error of law" by failing to require an Environmental Impact Assessment (EIA) – a process required by law in certain circumstances prior to granting permission – and quashed the Council’s original decision.

However, Herefordshire Council has now been granted permission to appeal the judge’s decision with a hearing due to be held in the Court of Appeal in November.

NFU chief legal adviser Nina Winter said: "We have been supportive of Herefordshire Council’s stance and are pleased that they have been granted leave to appeal.

An EIA wasn’t originally required by the Council but the High Court subsequently ruled that the site was ’semi-natural’ such that an EIA should have been required.

We feel that the relevant EIA legislation was incorrectly interpreted by the High Court, and we are particularly concerned with the High Court’s finding that the site was ’semi natural’ as a matter of law. This could impact on the industry more widely and that is why the NFU is keen to support the Council’s appeal of the High Court’s decision.

The NFU, with support from the Legal Assistance Scheme, has applied to the Court to be an ’intervener’ in this case and we will be making written submissions directly to the Court of Appeal."

"Polytunnels are important to the soft fruit industry as they allow farmers to provide locally grown fresh fruit for longer, rather than consumers having to rely on foreign imports."