Cases

R (On The Application Of Hall Hunter Partnership) V (1) First Secretary Of State (2) Waverley Borough Council (3) Tuesley Farm Campaign/Residents Group (2006) Ewhc 3482 (Admin)

DATE: 01 Jan 2007

This case
concerned the erection of polytunnels at Tuesley Farm in Surrey
in order to facilitate the production of soft fruit. A planning inspector
concluded that the erection of these polytunnels amounted to a building
operation such that planning permission was required, notwithstanding that the
polytunnels were not in place all year round and could be moved at times from
field to field.

 

Guy Williams appeared on behalf of local residents in support of the view taken by the planning inspector.

The Court considered the question of how such building operations should be defined and applied the Court of Appeal authority of Skerritts of Nottingham Ltd v SSETR (No 2) [2000] 2 PLR 102.

The challenge was unsuccessful and the Inspector's
decision upheld.