To report the findings of the Polytunnel Review Working Group.

THAT

(a)               all new polytunnel developments within the County (be they for soil grown crops or table top growing or otherwise howsoever) be treated as development requiring planning consent.  The usual application form will need to be completed in those circumstances;

(b)              enforcement proceedings be continued and/or initiated in accordance with the priorities below:

(i)Enforcement proceedings to be continued in respect of those sites where notices have already been served and/or are in preparation

(ii)Enforcement proceedings to be initiated during the growing season of 2007 in all cases where polytunnels are already known, or are suspected, to be outside the Code of Practice, there is a threat to acknowledged planning interests, and are approaching four years in situ

(iii)Enforcement proceedings to be initiated after the end of growing season 2007 in all other cases where planning applications have not, by then, been submitted and there is a threat to acknowledge planning interest;

(c)               the Executives response be reported to the Environment Scrutiny Committee in due course; and

(d)              a Supplementary Planning Document be prepared on polytunnel developments to a timetable to be arranged by the Cabinet Member (Environment) and the Local Development Scheme be amended accordingly in consultation with growers and the community.

It is important that advice to the Council reflects the legal position whether established through statute sub-legislation or case law in the discharge of its functions.  The Waverley case sets binding legal precedent, which must be followed, if the Council is to avoid the risk of challenge.

As an alternative, Cabinet could choose not to implement the recommendations.