It was held in Hall Hunter [2006] that polytunnels can amount to ‘development’ (and so need planning permission). But, is an Environmental Impact Assessment needed?

Many LAs have taken the view that they do not. However, it has now been held that polytunnels on previously farmed land could amount to a ‘project for the use of... semi-natural areas for intensive agricultural purposes’, and thus came within the scope of Sched 2 of the Regs (which, in turn, means that an EIA would be needed if the development was ‘likely to have significant effects on the environment by virtue of factors such as its nature, size or location’).

The end result, therefore, is that farmers who use polytunnels will have to consider not only whether they need planning permission, but whether they also have to go to the extra expense (and complications) of an Environmental Impact Assessment. Wye Valley v Herefordshire [2009] EWHC 3428 (Admin).