Grower blocked from diversifying into exotic Mexican salad veg after neighbour takes fight to High Court to overturn tunnel installation
A high court has overturned a successful application to install three polytunnels that would have helped a grower diversify into the production of exotic salad veg tomatillo after an appeal by a neighbour.
The Royal Courts of Justice has ruled that the district council wrongly approved a plan to install the tunnels, which would have been erected at Bucksbury Farm, near Little Berkhamsted, Hertfordshire, due to the proximity of an ancient woodland and a listed building.
Grower Vladyslav Petryk had been using the land for agricultural purposes, including grazing, honey production and specialist wood-grown mushrooms, but identified an opportunity diversify into the Mexican-originating tomatillo.
Tomatillos require a controlled atmosphere and humidity for production, hence the application for three 32m x 24 x 5m tunnels.
Claimant and neighbour Andrew Rickards made a number of challenges to the council’s decision, including two that were upheld, including the impact on his own nearby listed building.
The initial council approval statement read: “The growing of tomatillos appears to be a new venture for this agricultural business, which has been outlined to relate currently to hay production, grazing, wood-grown mushrooms, and honey production.
“The production of tomatillos is solely an agricultural undertaking and would relate to the agricultural use of the land. The production will also tie in with the keeping of bees at the site, which have been outlined as necessary for the pollination of the tomatillos.
“The erection of the polytunnels is considered to be reasonably necessary for the agricultural business to grow the tomatillos and can therefore be accepted.”
The claimant appealed the decision at the high court, which was initially refused, before re-appealing. The decision to overturn the permission has now been granted.
