17th November 2008: AVRA have now obtained a copy of the SPD document - see attached. This will be a guideline for polytunnel planning applications ! The SPD was approved unanimously on 14th November after 10 minutes discussion at most.

12th November 2008: Public consultations for Brierley and Marden planning applications were held by S&A in early November. Much as expected at Brierley - no Fisheries caravan park; no Irrigation lake as yet; "pod" park to the south of the village; "raised bed" polytunnels on Brierley Farm with other polytunnels elsewhere; sewage works retained. We await the planning application with interest. See Press Report for details.

2nd October 2008: The planning application for the irrigation lakes at Brierley (see below) has been withdrawn. AVRA now believes that there will be no new application for a caravan site at The Fisheries since we believe that the irrigation lakes were not planned to help the environment - rather to provide the soil for filling-in The Fisheries !

22nd September 2008: AVRA has heard rumoured that the S&A public presentation (see below) has now been delayed until November of this year. And Herefordshire Council are now expecting the planning application in late November 2008 (not September as earlier suggested). Thus there would appear to be no way that any approved developments can be ready for the 2009 season (starts May) ?

11th September 2008: It is reported (Leominster Journal 10th September) that S&A are preparing to submit planning applications for both Brierley and Marden in October. They are also planning exhibitions to present their case to the general public. Polytunnels included ?

28th July 2008: A S&A Planning Application for polytunnels in Swale, Kent is running into similar problems that they experience in Herefordshire. Funny that Kent can consider these applications without an SPD !! See link for more details. Or see KentOnLine article or the Kentish Gazette for yet another angle on the proposal.

26th August 2008: The planning application appears now to have been rejected (see BBC link).

6th. June 2008: S&A have applied for planning to lay a network of roadways around the land at Brierley Court Farm (applications DCNC2008/1348/F and DCNC2008/1349/F); one of these applications appears to be retrospective. Also, they have applied for a licence to sell intoxicating liquor at the temporary campsite !

1st. June 2008: AVRA has now seen the latest Ecology report for the Fisheries site (see below). The report confirms -- as we already knew -- that this site is a wildlife haven. And this is after the site clearance which was undertaken by S&A late 2007/early 2008.

No Greater Crested Newts (GCN) were found in April 2008 -"the majority of the ponds have little or no vegetation in them that would serve as suitable GCN egg-laying material".

But 43 different species of birds were identified at the site -  5 of which are on the "red" list and 10 being on the "amber" list. Also 4 species of bat were recorded (Pippistrelle, Daubenton's, Whiskered or Brandt's and Noctule), and tracks, spraints and a hole (holt?) of the Eurasian Otter were found.

And the water itself is full of different species of fish - which may explain the lack of Amphibians; Smooth newts, toads etc. were present at the site.

Fisheries Site Clearance (February 2008)

7th May 2008: The Northern Planning Committee this afternoon rejected the planning application for a large caravan site at the Fisheries site at Elms Green on the old Hereford road south of Leominster. Voting was 11 - 3 in favour of rejection.

The Ecology report - submitted only the day before - identified several protected species on the fisheries site. AVRA has not yet seen this report.

There was no discussion of the sewage facilities - rumoured to be those which should have been demolished following the Secretary of State's decision.

Nevertheless, the tone of the meeting was that  - given this caravan site is too large - the planners should sit down with S&A and identify smaller, more suitable sites.

Meanwhile, a temporary settlement of some 400 caravans and pods, a huge marquee and a new road has been established on a site adjacent to the former one at Brierley. It is rumoured that these caravans, pods etc. have already been connected up to the sewage treatment works and have been equipped with water and electricity.

Temporary Caravan Site at Brierley (2008)

1st May 2008: A planning application (DCNC2008/1036/F) has been submitted for the construction of 3 large irrigation lakes to the northwest of Brierley village and taking water from the River Arrow to irrigate the strawberry crops. The submission includes confirmation of the policy of S&A that they will go to table top growing at Brierley in the future. Good to know that S&A should be eligible for a 40% grant for the irrigation lakes from the Rural Enterprise Scheme !!

AVRA - while concerned about the local flora and fauna (eg bats in adjacent trees) and the footpath - is also suspicious of the fact that much of the soil from this development may be used to raise the ground surface of the adjacent "Fisheries" for whatever reason.

25th February 2008: S&A Property has just lost its latest application to appeal against the removal of buildings at Brierley Court Farm. The decision, at the Court of Appeal in London, exhausts their options under English law.

The court dismissed the application on evidence of a weak case; they also dismissed any postponement of the enforcement action prior to any European Court decisions. They were informed that the sewage treatment plant is the subject of a new planning application to the council.

See also link to BBC local news and under "Press Reports" on this web.

15th February 2008: S&A Davies have commenced the demolition of the accommodation site at Brierley Court. This is a welcome action after many years uncertainty. However the mobile homes are being moved one field to the south - not off the site. This new field is within the AGLV and adjoins a footpath. Is this taking place with the knowledge and permission of Hereford Council? We believe the Tuesley Farm case decision was clear on the permitted development rights for seasonal labour – provision based on proven need, one season only, only circa 17% of labour force serving another site etc. Local residents will expect these clear rules to be followed by S&A and upheld by Hereford Council.

11th February 2008: S&A have applied for planning permission for "the retention of polytunnels" at Brook Farm, Marden (application no. DCCW2008/0302/F).

7th February 2008: S&A Property today lost their appeal at Birmingham High Court; they will have to remove all the facilities at Brierley independent of any European Court hearings. They must pay all costs of this appeal (theirs and the council's costs). It appears that HC have given them 14 days in case they appeal this appeal ! See Herefordshire Council's Press Release. Good news - but do not forget the Fisheries planning application (see below).

28th January 2008: The council have received an application (no. DCNC2008/0155/F) for "Proposed use of land for the siting of seasonal agricultural workers accommodation (caravans and pods), construction of amenity building and associated works" at The Fisheries, Elms Green, Brierley. This is at grid ref. SO49752, 56618 and is on the old Leominster to Hereford road.

Given that this site is in the flood plain - and often floods - we assume that the Environment Agency will be asked for their advice.

And we cannot see the council giving their approval since, not so long ago, they supported the residents of Brierley in rejecting a proposal for a fisherman's Club House at the fisheries.

And oh yes - a new planning application has also been submitted for "the retention of the sewage treatment works at Brierley" - application. no. DCNC2008/0167/F.

24th January 2008: BBC Hereford & Worcester radio today reported that the Secretary of State's decision re the removal of the caravan site at Brierley has not been respected by S&A. And that many in the Leominster and Upper Hill areas were dismayed at the continued blot on the local landscape.

Even the caravans have not been taken away this winter so that the situation is worse than previous years.

The BBC also reports that the council are now taking S&A to court and could impose daily/weekly fines - see BBC article

10th January 2008: BBC Hereford & Worcester radio confirmed that today is the day that S&A Property should have taken down the buildings and returned the fields to agricultural use following the Secretary of State's decision; council Enforcement inspectors will be inspecting the site soon to see what demolition work has been achieved !

10th January 2008: The Inspector's decision re Pennoxstone Court polytunnels at Kings Caple has now been published. The appeal is basically refused with the exception of those polytunnels which have been there for more than 4 years.

The Inspector agreed with the council in that "a polytunnel becomes substantially complete when the polythene sheeting is first placed over the metal structure, but it does not cease to be a polytunnel when the polythene is rolled back, provided the metal structure remains in place".

Also key is that the Inspector decided that polytunnels of this size were effectively "buildings" and need planning permission. This supports earlier decisions including that at Tuesley Farm.

9th January 2008: S&A Soft Fruits Ltd are appealing against the Council's enforcement notice for removal of polytunnels at Brierley. Surprise, surprise.

10th December 2007 : Guess what - the planning application for the retention of the sewage treatment plant at Brierley has been withdrawn !!

9th November 2007: A Planning Application has been submitted to HC for the retention of the sewage treatment plant at Brierley Court Farm (application no. DCNC2007/3478/F). And this is despite the Inspector's and Secretary of State's decision that it -- along with the caravans -- should be removed.

26th October 2007: The request for a Judicial Review against Hereford Council concerning planning issues for polytunnels at Kings Caple was rejected by the High Court of Justice on 10th July 2007. The only point queried was the HC Cabinet decision that ALL polytunnels were to require planning; Tuesley only indicated that large polytunnels required planning. This makes sense as otherwise anyone (grower or not) putting up a miniscule polytunnel would need planning. Surprising that our experts in the council did not pick up on this beforehand.

October 2007: AVRA has requested the council to remedy the serious situation re mud on the roads, particularly in the Birley area.

We draw members attention to the fact that AVRA is ready, as a Residents Association, to also act on non-polytunnel issues affecting the local community

18th October 2007: Hereford Council has put up an enforcement notice giving S&A six months from 16 November to remove  80 acres of polytunnels at Brierley because they have not applied for planning permission.

28th August 2007: Finally, Hereford Council is getting its act together to consult interested parties on the Supplementary Planning Document to guide officers on polytunnel planning applications.

For details of HC's Polytunnel Supplementary Planning Document (SPD - Issues Paper), click here.

On reading the council's paper re Polytunnels we see that they have "suspended the voluntary code pending the preparation of the Polytunnels SPD". But the SPD will not be finalised/adopted until May 2008 !!!

6th July 2007: Good for the council ! They have decided that the application for a "General Purpose Storage building etc. (see below - no. DCNC2007/1801/S) requires prior approval (a full planning application ? ) so that they can consult the Environment Agency to establish whether the proposal will affect the flood plain.

This follows AVRA's concerns. Also, following the recent disastrous floods, we trust that the EA will assess the risk of oil/grease/diesel polluting the river in times of flood as at other times.

June 2007: Planning applications were made and refused on appeal for polytunnels at Nashes Farm in Kent.  Funny how neither the planning authority in Kent, nor the Inspector, needed any guidance on "polytunnel planning" as Herefordshire Council said they need. The HC cabinet decision included the paragraph: "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".

Or is this requirement, adopted in Cabinet on 23rd March, just another delaying tactic ?

See Nashes Farm decision via this link.

18th June 2007: S&A have applied for planning permission to erect a "General Purpose Storage and housing irrigation equipment" at Arrow Fisheries in the Arrow Valley. Application no. DCNC2007/1801/S. Search the Planning Applications on the HC website for more details. However, because it would appear to be a smallish building (30m x 15m), the decision will not be by committee but by the planning dept.'s case officer. We hope that - as the site is in the flood plain - the Environment Agency will be consulted by the council.

29th May 2007: The NFU has started lobbying against the abolition of SAWS - "Too many strawberries, too few pickers" - see article in the Daily Telegraph.

We wonder how they expect anyone to believe them - or is it true and there are just too many growers jumping on the "golden bandwagon" ?

11th May 2007: Farmers are pressing for a judicial review of Hereford's new polytunnel planning policy !! (see Farmers Weekly link for more details)

11th. April 2007: The Secretary of State's decision has now been published and agrees with the original Inspector's decision. The Utility Building, Sewage plant, Pumping Station, Hardstandings and all associated works and equipment have to be removed.

She is giving S&A 274 days (ie until January 2008) to remove them which allows the workers to be catered for this season.

See summary of decision letter

22nd. March 2007: Herefordshire Council's Cabinet met and decided that polytunnels need planning permission.

This recommendation stems directly from HC's legal interpretation of the Tuesley farm case - see link to their legal advice - which includes details of Herefordshire's polytunnel sites.

One addition was made to the recommendations from the Environment Scrutiny Committee (see recommendation attached) - a supporting planning document is to be prepared to specify further details (eg consultation, priorities, etc.). Growers and the public are to be involved in its preparation. The final Cabinet decision has now been published (see link).

AVRA feels that we need to carefully monitor the situation.

The Mobile Home situation still needs to be discussed by the council but planning is also expected to be demanded following Tuesley Farm,Waverley.

19th January 2007: Herefordshire Council have issued a News Release re their Polytunnel Code of Practice and the Waverley  decision. See attached.

No indication of when a statement will be made about Caravans - another feature of Waverley where HC's policy does not agree with the Judge's legal decision that planning permission is required (subject to not meeting four criteria). See extract of the Judge's decision under "Caravan Developments" on this web.

15th. December 2006: The High Court decision in the Tuesley Farm case has ruled that Spanish-style polytunnels are development and need planning permission; mobile homes also need planning thus establishing the legal position on both these issues. And the judge agreed with the inspector that planning be refused at Tuesley Farm. Congratulations to all those involved in the case. See the Judge's ruling on the Tuesley Farm campaign site under Latest News.

So much for the HC "Voluntary Code" on polytunnels and their decision that the Brierley caravan park is permitted development.

See BBC report. And the London Evening Standard. And Waverley Borough Council Press Release. And under Press Reports on this web.

15th. November 2006: Herefordshire Council have decided that the proposed General Purpose Store and Associated Hardstanding at Brierley does not require planning permission and can go ahead. See Decision Notice

30th October 2006: The row between S&A and the TGWU rumbles on - see article on the BBC web.

19th. October 2006: Both  of the non-polytunnel Planning Applications at Marden have been Withdrawn. That for the Packing Shed (no. 2678) was withdrawn on 27th. September; the other - for a new Admin. Centre, Staff Facilities etc. (no. 2749) -  was withdrawn on 18th. October !

18th October 2006: The Hereford Planning Committee unanimously decided to reject S&A's application to retain the "permanent" polytunnels at Marden !!

13th September 2006: Well in excess of 40 acres of ground is being prepared for strawberry planting  to the west of Brierley by S&A. And it looks as if there are some 40 acres now under ground plastic at Wellington, on the A49 south of Marden to the east of the road.

AVRA does not know whether the so-called "Code" is being applied to these new developments. Not that it makes any difference.

End-August 2006: Thankfully the TGWU is still pushing for improved workers' rights at Brierley. See their latest news via this link. Still no news, though, of Tesco's and Sainsbury's investigations ! More news (29th Sept 06) from the same site re "Strawberry Pickers Scandal" via this link

Mid-July 2006: Raspberries in black plastic containers are now being grown at Marden under polytunnels. Is this is what will happen at Brierley, Wickton and elsewhere post-strawberries ? And the hoops of the Spanish polytunnels are now up on a large section of the fields at Hawkersland. The little pub (The Amberley Arms) is now almost surrounded.

15th. June 2006: Both of Herefordshire's MPs (Bill Wiggin and Paul Keetch) are now demanding central government to implement legislation to resolve planning control for polytunnels once and for all. See Press Reports on this web and Paul Keetch's web site

24th. April 2006: AVRA has received a reply from Mr. Dunhill (HC - see details of our letter under "Notice Board") stating that grower has assured the council that those fields now entering their 3rd year at Brierley, Hereford  are due to be cleared at the end of the coming summer. However, enforcement will begin next month. September 2006: still no action appears to have been taken.

3rd. March 2006: Brierley and Marden are planned to house 4000 workers to pick strawberries under polytunnels according to Graham Neal on Hereford and Worcester radio this morning. This is almost half the size of Leominster !!!

Mid-January 2006: AVRA has now published its proposals for Planning Requirements for Polytunnels. These proposals are written in everyday language and, we believe, should form a basis for Herefordshire Council to develop a planning policy for polytunnels as per many other councils. Comments are most welcome.

Mid-January 2006: Caravans for the strawberry pickers are now being returned to the Brierley campsite having been taken away approx. 1-2 months ago

16th. December 2005 : Waverley Campaign: The Hall Hunter Partnership has lost its appeal against the enforcement notices at Tuesley Farm.  Waverley and the Residents and CPRE have achieved 100% victory.  The polytunnels, mobile homes and all other works have been held to require planning permission, and planning permission has been refused. Hall Hunter are being allowed 12 months to exit the farm rather than the original 4 stipulated in the notices,
The full implications of this decision (with respect to polytunnels) for AVRA and other areas will now be studied in detail.
See also the Waverley web site for further details: www.tuesleyfarmcampaign.org.uk/

Let us hope that our paid Officers will read this report and update their policies according to the government's own decision makers.
The full Tuesley Farm appeal report is available from the Tuesley Farm Campaign web-site

3rd. November 2005: The First Secretary of State has announced the decision into the recent Brierley planning appeal. In summary, he basically agrees with the Inspector's report which recommended that the S & A Property appeals be dismissed and the original enforcement notices be upheld. (subject to some corrections). Thus the appellant must remove the single storey building (the so-called Utility building), hardstanding and all associated connections; also they must totally remove the sewage treatment plant, the pumping station, the hardstanding and all associated connections.
The polytunnels have been referred to in the report but - unfortunately - there has been no recommendation/decision concerning their need for planning permission. Sad.  AVRA feels that - despite today's news - the campaigning must continue to help preserve the Arrow Valley and other areas of the county.

See Appeal Decision (88KB Adobe pdf file)

4th. July 2005: As expected, Polytunnels are being erected at Wharton Bank. - on the East side of the road

23rd.June 2005: Judgement re Breach of Injunction has now been given; a fine of £65,000 has been levied together with £11,500 costs. Also S&A have been instructed to "undo the works" (ie take out the windows) before Friday 1st. July 2005. The PA Press Release gives more details.

24th. May 2005: Herefordshire Council are taking Legal Action against S & A Produce for allegedly breaching a High Court injunction over the use of its strawberry farm near Leominster. They have issued a very strong Press Release which you must see (click here).

3rd. May 2005: It appears that large numbers of "permanent" polytunnels and raised growing beds are being erected at Brook Farm, Marden - without the benefit of planning permission !

Although a planning application has been submitted, it has not yet been approved or rejected. It is clearly the case that the unauthorised development now taking place at Brook Farm is not simply a technical breach of control. As was said in the High Court concerning the developments at Brierley: " I am satisfied on the information before me that the defendant's conduct has been driven financial considerations and, in order to maximise profits, they have indulged in what can only be described as a flagrant, determined and cynical breach of the planning procedures. It appears that they have been successful in this regard in the past and they frankly say they expect to be successful in this case also".
No changes here ! And despite the growers stated desire to be "good neighbours" - they are still intent on ignoring the procedures that were put in place to protect neighbours and the general public. Neighbours and the public demand that Hereford Council protect their interests.
If Hereford Council are to follow their own rules (specified in Planning Policy Guidance Note 18: Enforcing Planning Control) then effective enforcement action must be taken when this is plainly necessary. Now is the time for that action to be taken. And immediately

Photo taken 6th. April 2005

Hereford Council (HC) have issued a press release concerning the "yellow cabins". Whilst this release comments on the cabins themselves, it makes no remarks about the important issue of the site works themselves (underground supply of water, electricity and sewers) and including road works which were specifically referred to in the injunction. AVRA request that more information is made publicly available from HC - including a statement on the works which had already been done 21st. May 2004 so that direct comparisons can be made. See Press Release

Some 40 bright yellow, German manufactured, container-sized buildings have been positioned close to the caravans at Brierley Court Farm ( 2nd./3rd. week of February 2005). Some appear to be forming part of the caravan complex. And are being accompanied by the installation of water, electricity and site works to provide roadways. Does this imply an infringement of the earlier injunction ?

To quote: "The defendant be restrained from conducting any building and / or construction works in respect of amenity buildings, toilet buildings and site works for 300 caravans assigned as farm worker accommodation at Brierley Court Farm, Brierley, Leominster"

and : "If you S&A Property Limited disobey this Order, you may be held to be in contempt of Court and may be fined or have your assets seized. Any other person who knows of this Order and does anything which helps or permits the defendant to breach the terms of this Order may also be held to be in contempt of Court and may be imprisoned, fined or have their assets seized"

Further work has now been done (week beginning 28th. February 2005) - see photo below. Also see Hereford Times story of the 3rd. March 2005 under "Press Reports" on this web.

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