The Court of Appeal has overturned a decision by the High Court and found that a decision to grant permission for polytunnels on a farm in the Wye Valley was in fact lawful.
The farm was granted planning permission in 2008 for polytunnels covering 255ha, of which no more than 54ha would be covered at any onetime.
Following grant of permission Wye Valley Action Association mounted a legal challenge to the council’s decision arguing that the council should have carried out an environmental impact assessment because putting up the polytunnels amounted to “projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes” under the EIA regulations.
In December 2009, the High Court agreed with the action group that the council had made an ‘error in law’ in failing to carry out an environmental impact assessment.
Lord Justice Richards, sitting with Lord Justice Rix and Lady Justice Smith, ruled the council was entitled to have concluded that the site was neither ‘uncultivated’ nor ‘semi-natural’.
Giving the leading judgment, Lord Justice Richards said: “There does seem to me to be a fundamental contrast between ‘semi-natural areas’ and land that is subject already to intensive cultivation. Natural England’s guidance expressly excludes all arable and horticulture land from the types of land considered to be semi-natural areas. In my view that is a proper reflection of the meaning of the term.”
This decision is of particular relevance to the farmers in the AONB in Kent and it removes what would have been a significant hurdle to overcome if they were seeking planning permission for polytunnels, or indeed any other development that was considered be a project using uncultivated or semi natural areas for intensive agricultural purposes.
If you are interested in using polytunnels on your farm and wish to seek planning advice or if you need advice on planning matters generally please do not hesitate to contact Jonathan Lee or Eoin O’Connor by calling 01233 506 201 or Email: EoinO@hobbsparker.co.uk
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