Polytunnels - Autumn 07
On 15 December 2006 a High Court Appeal decision in the Tuesley* case held that planning permission was required for polytunnels.
Depending on a number of factors, a polytunnel may constitute a building under section 336 of the Town and Country Planning Act 1990, and the erection of such structures may be considered a “development” for the purposes of Section 55(1) of the Act. If a polytunnel is found to involve a “building operation” it will also require planning permission.
The relevant factors to consider include:
- state and permanence of the structure;
- height and width;
- physical attachment to the ground;
- length of time needed to erect or dismantle the structure;
- area covered by the tunnel;
- length of time the tunnel is on the land.
The High Court made it clear that it based its decision on the specific facts of the case, which involved high usage of polytunnels, and does not set a national precedent.
Nevertheless, other regions have followed the Tuesley example, such as in Herefordshire where since March 2007 all new polytunnel proposals, whether for their erection or dismantling, are treated as developments requiring planning consent and farmers will also have to apply for retrospective permission for existing tunnels.
Therefore, the High Court’s decision is already being reinforced and built upon, with the potential to cause far-reaching consequences for the successful use of polytunnels in agricultural practice.
* The Queen on the Application of Hall Hunter Partnership v First Secretary of State, Waverley Borough Council, Tuesley Farm Campaign/ Residents Group 2006 WL 3910213 (2006) EWHC 3482 (Admin) QBD (Admin)
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