
Please see our Home Page
In December 2001 further enormous areas of land were being prepared at Kings Caple by Neil Cockburn of Pennoxstone
Court in preparation for erecting more polytunnels. This is within the designated lower
Wye Valley Area Of Outstanding Natural Beauty and an area of
great landscape value.
Individuals, the parish council and our MP had previously written to the council
expressing their concern at this serious destruction of landscape within the AONB.
At that time we believed the council were powerless to stop this.
Discussion document, submitted to the council 30th January 2002 (appears here in revised form):

photo: pre-polythene days at Kings Caple alongside river Wye
Loss of Landscape
The beauty of the English landscape in particular the Wye Valley lies in its
subtle blend of colour and light, muted green, red brown of soil, small fields, hedgerows
and a rich variety of trees. a gentle undulating landscape where from the top of a hill
views of twenty or thirty miles can be seen.
The glaring, jarring, white of a single polytunnel disturbs the eye and becomes a
prominent feature; a whole field then another and another gives it all the appearance of a
semi-industrial wasteland. This seriously degrades the landscape and is incompatible with
a designated AONB.
photo: now Kings Caple alongside river Wye is more akin to an industrial estate
Those Concerned.
Despite its clear visibility the authorities apparently decline to see it or feel the need
to act the Parish Council and Member of Parliament and individuals have alerted
Herefordshire Council and the Offices of the AONB to the ever-growing disquiet.
Present Position.
As far as I am aware the position of Herefordshire Council remains as stated in
their letter 12th April 2000.
1a. Herefordshire Council Planning Authority does not have powers to control the type of
polythene tunnels being erected at Pennoxstone, Kings Caple.
2a. Herefordshire Council Planning Authority is not seeking to gain any such powers as the
current controls are as laid down within the Town and Country Planning act 1991(as
amended). It would be a matter for central government to undertake any revision of the
Act.
Questions of Legality
Their general assumption has been Polytunnels fall outside building/planning
regulation primarily because they do not have concrete foundation. They are classed as
temporary building and within the classification of farming and on the face of it are
outside planning control. However even when this was an assumption, this is not clear-cut
as Sir Paul Beresford advised. “ There are no hard and fast rules”
Herefordshire Council have been informed that there was indeed a way forward due to the
case of” Skerrits of Nottingham Ltd v. Secretary of State for the
Environment”March 22 2000. This case overturns previous laws on the subject of
“temporary” structures and, on the face of it, was the blue print for
introducing controls over polytunnels
Most importantly however is Chichester Council against the Brinkman Brothers planning
appeal decision, a copy of which I forwarded to the Council 26th Feb 2002
Defend or Deregister the AONB
Where this method of farming is being used the incumbent authorities need to
consider the detrimental effects this is having and it is encumbered upon them to seek
solution. It is hypocritical and irresponsible
to have vast acres of land falling under plastic farming whilst still maintaining that the
area should continue to enjoy the status of AONB.
1a. Action should be taken to defend the environment and maintain it truly as that of
outstanding beauty
2a. To deregister it as an AONB but as Andrew Blake AONB Officer advised there is
currently no mechanism for “deselecting”.
Terms and Phrases
Below are some of the issues and terms that are used in an attempt to quash or
dismiss the argument or which are inherently misleading.
1b. "Temporary Structure”
It has been said that the use of polythene sheet and tunnel is” temporary” used
at times to warm the soil, to protect crop during adverse weather, to bring about an early
crop etc. Although true, it does stretch the definition of temporary. These tunnels are no
longer just raised in early summer; they are now a permanent twelve-month feature, evident
in December as well as in August. To call
them temporary structures because they do not have concrete footing would appear to be
irrelevant. This view has been upheld by current legislation (ref. Skerrits of Nottingham
v. Sec of State for the Environment, March 2000) and the Brinkman Appeal decision
2b. ”Plastic greenhouse”
It has to be clear, we are not talking with regard to horticulture, a single tunnel in a
garden, but rows upon rows, miles upon miles, field upon field, acre upon acre, in
undulating landscape not concealed by hedge or trees, glaring white- in-your- face
plastic. At Pennoxstone approx twenty thousand hoops = forty miles of tunnel.

photo: polytunnels at Kings Caple along footpath KC16
3b. ”Strawberries have to have the protection of the polytunnel
in order to grow in the English climate”
There are other and bigger and successful strawberry growers only a few miles away near
Ross on Wye who refuse the use of the polytunnel on the grounds that it is an ugly
intrusion into the landscape.
4b. ”The use of polythene is only a passing phase, as more and more farmers use it
and contest with prices then it will bottom out as they say”
The use of polythene as any one who has stepped off the plane in the south of Spain will
witness has all but bottomed out. In parts the entire coast line is covered in plastic.
This should be seen as a portent of the future here in this traditional fruit growing
area. Look to the left whilst going south on
the Monmouth road just outside Ross and see the newly erected “Hundred Mile”
tunnel and other examples follow.

photo: Ross-on-Wye, the Spires of St
Mary now dominated by fields of plastic
1½ miles to the south lies Goodrich Castle and to the rear Chase Wood. This
development is against the whole ethos of the AONB.
Polytunnels erected at by Mr Drummond at The Homme, Walford, alongside the River Wye,
opposite Pencraig, approx 150acre site clearly visible from the A40 Ross-Monmouth.

photo
1

photo
2

photo
3

photo
4
These photographs Illustrate the growers process of first covering land with polythene then raising hoops then plastic tunnel. This is neither a “Temporary Structure” nor a temporary business; this is a permanent and expanding feature in the Area of Outstanding Natural Beauty, all year, year upon year.
Planning policy; Prominent views to and from hillsides and across open countryside or towns are protected from the intrusion of large-scale development. The setting of historic and attractive man-made features such as cathedrals, churches and notable buildings should therefore be protected”
All without planning consent!
5b. ”The use of tunnels is helping to support the local
economy:-
No doubt that the working of raising tunnel employs more hands on but the vast numbers of
fruit pickers/workers are drawn from Eastern Europe. Pennoxstone made the TV news
imploring the government to extend the visas of their pickers so as not to loose the crop.
As late as 1990 local pickers had been employed and paid well which was an obvious way of
supporting the local economy.(Should we not encourage farmers who TRULY support the local
economy.)
6b. ”Fruit farmers are only earning a living”
Indeed there must be considerable profits to be made by individual farmers using this form
of intensive farming. The repercussions are financial loss to those living in the
vicinity. Nothing hurts more than to sink all your life’s savings in a house in the
middle of the most beautiful of English landscapes with unparalleled views and to wake up
surrounded by giant hoops of white polythene stretching off in all directions
7b. ”Loyalties to the farmer”
Who is not aware and has empathy for of the plight of the farmer?
It is not that we do not care for the plight of the farmer it is that we care for the
landscape more.
We object when industry pollutes our waters with chemical emissions.
We object when the hospital protects the bad surgeon.
Polytunnel farming damages the visual landscape if not the soil and in these terms it is
bad farming
Erecting10 ft high polytunnels across the windows of a house were the occupiers previously
enjoyed unparalleled views over the Wye Valley is ANTI SOCIAL.
Regulation is the means by which we protect the environment from the self-interest of an
individual or commerce, be it the farmer or the supermarket
By taking the attitude that these are outside planning consents the Council have deprived
the individual from making representation to curb the worst excesses of this method of
fruit production and to object totally to its use in an AONB.
Additional Matters
Tourism and Loss to the community
The former glory of this once beautiful environment is remembered by those who chose to
come and live here and believed that this was a protected environment. They now have green
fields replaced by white plastic and it has become a less attractive place to live.
Visitors came from all over the world lured by the reputation of this piece of England.
Will they now come again? Will they not
question, does the Wye Valley deserve its AONB status?

photo: looking across the Wye Valley
One local observed, “I once had my cottage registered with a major holiday company
but no more, who would come to this once beautiful part of the Wye Valley and want to
spend their vacation overlooking fields of plastic and polytunnels, I can’t promote
this now nor could the English Tourist Board.”
Sites of Antiquity

photo: Kings Caple and Hoarwithy Churches once sat
proudly on the horizon a clear landmark rising above the gracefully meandering river and
linked to the other churches across the valley. Now this has been enveloped by glaring
plastic.
Policy Statements Relating To Building Regulation
The Reviewed Structure Plan For The County of Hereford /Secretary of State For The
Environment On The 20th Sept 1965 Relating To The Landscape.
Policy A.6 The county council will continue to identify deteriorating landscapes and to
promote in association with the agricultural community, the countryside commission and
other appropriate agencies schemes for the conservation and improvement of these
landscapes.
Policy 2.4.1. Prominent views to and from hillsides and across open countryside or towns
are protected from the intrusion of large-scale development. The setting of historic and
attractive man-made features such as cathedrals, churches and notable buildings should
therefore be protected.
So polythene tunnels because Hereford Council chose to place them within the
classification of “farming” ignored three of the prime rules controlling all
other planning issues because they:
1. Intrude into prominent views from hillsides
2. Spread large scale across open countryside.
3. Invade the setting of attractive and notable buildings i.e. Kings
Caple Church.
Hereford Council and the AONB Office have not for filled their duties to protect our
richest asset in Herefordshire our landscape. Worse than this they have misled and concealed legal argument.

photo: Hoarwithy church
Gross National Product
IIn 2001 we witnessed the devastating effect that
foot and mouth had on the farmers but what was even worse was how it hit the community at
large. The tourist trade received no compensation which revealed perhaps for the first
time the portion of GNP arising from farming and the enormous (by comparison) loss of GNP
from the tourist trade.
Environmental Health
Whilst the main issue is that of visual pollution, there is in addition the noise of river
pumps used to irrigate the strawberries deprived of direct rainfall. There has been a long
history of complaints to the Environmental Health Dept about this problem. This is
particularly intrusive as the pump is placed on the banks within of the village of
Hoarwithy. No sound insulation or poor insulation is a recurring problem. Now as more tunnels are erected and the growing
season extends so has the use of water pumped from the river, daily from early spring to
winter, so a visit to the garden is subject to continuous mechanical drone(if you are near
it travels through double glazing,) all tranquillity lost. Whilst depleting the river
there is also the problem of excessive rainwater run off in an area prone to flooding.

photo: hoops, Kings Caple

photo: winter plastic strewn
Disproportionate Representations
Farming has a high representation on parish and county councils, however farmers and those
connected to working in farming are in minority number when compared to how the community
at large is employed. The visual blight, the anti social aspects of plastic farming may
not be adequately represented on a voting council. Plastic
farming is big business, county councillors promote business growth; there may be a
tendency to regard environmental issues as a hindrance.
However, with regard to viewpoint, this is not always the case, we now meet and talk with
farmers that seem equally concerned with this intrusive method.
Yes, we have the farmers at Kings Caple who own the Land on which this plastic stands who
are parish councillors and say representing the parish “This is of benefit for the
village” of Kings Caple but we all know their real interest. There are farmers on the
Ballingham Bolstone and Hentland Parish Council and this council wished to see controls
introduced.
Planning Contradictions
There is conflict here, whilst exercising strict planning regulations of all building
development to preserve and enhance the pretty village, pollution on grand scale is given
free reign in the surrounding environment
How many of us have made a Planning Application, desperately needing i.e. an extension to
our house Hereford Planning have turned it down, believing it to be an intrusion into an
area of outstanding beauty.” Just look at that lot” you might say and point to
polythene farming sprawling in all directions.
Constraints should be upon us all if we live in an AONB.
General Arguments
The industry holds that there are obvious gains from this method of fruit production,
extended season protection from rain, less weed killer. A National Farmers Rep tells me
that polythene aids moisture retention. I live alongside these tunnels and my
understanding is different, with no direct rain fall, the river water is continually
pumped to the crop. The argument is full of contradictions. The tunnels are sealed, so
what is being mixed with the water. Pickers break out in rashes. Sainsburys confirm that
they purchase these same strawberries, using this method they can reduce pesticides and
other environmentally damaging crop chemicals.
None of this makes any difference, this is not the argument. An AONB is an AONB because it
has been accepted that it looks “Beautiful ”and that is essentially a visual
aesthetic attribute. The polytunnels are “ugly” people generally agree. What are
they doing in an AONB?
Herefordshire Council could have applied interpretation of legislation introduced in “Skerrits of Nottingham v. Secretary of State for the Environment” they had been notified of this case law seven months previous, June 2001. Instead they did nothing.
Hereford Council could previously have examined how older legislation might be interpreted. Sir Paul Beresford advised “There are no hard and fast rules”.
Referring to Article 4,Town and Country Planning. A planning authority may, for example, use its powers under the Order to withdraw any permitted development rights, which may be associated with temporary structures, such as constructing the private ways serving them. Polythene irrigation remains heavily dependent on pumping water from the river, this licence could be revoked.
The river and surrounding valley is the most prominent and sensitive feature of Herefordshire and they might at least create a corridor of a polythene free zone following the course of the river. Instead they did nothing.
They could have set up a working party with individuals concerned with the visual environment trained in landscape design or visual aesthetics with access to law who sympathetic to these issues would wish to bring about change (.Refer to letter from Beverley Hughes M.P paragraph three) This no doubt is the area /duty of the AONB Office. The AONB Office were repeatedly alerted to this growing problem letters /documentation forwarded not only was there no response but no acknowledgement either. We have no reason to believe that there has even been a visit to the site in question. The AONB office did nothing.
Finally in response to Draft complaint to Ombudsman by registered post Andrew Blake of the AONB Office has contacted me t7th Feb 2002 and promised to raise this issues with the Joint Advisory Council to the AONB. We welcomed this, and gratefully receive his apology for the long delay, we are disappointed that this was not placed on the agenda when first raised, eighteen months ago, time is the essence and considerable time has been lost.// Then research produced the Brinkman decision.
The “blame” is upon us all. The farmers react to the demands of the supermarket and we all buy from the supermarket. Destroying our” best” landscape is not the way forward. We had suggested that there could be incentives to relocate. At Kings Caple the Plastic is now being spread across fields rented from other farmers, so those wishing to polytunnel farm could be encouraged to move outside the AONB’s. The work force coming on the main from eastern Europe. Relocation could be to landscape that was flat and already degraded. In flat landscape evergreen tree screening would conceal tunnels.
Grants to “green” farming, and encouragement to employ local workers. People from our village used to work there at a fair wage.
In deliberating on the above and then assuming no controls being introduced the council should consider future applications by individuals believing that the council should offer alternative relocation, grants and compensation to those adversely affected houses, holiday cottages, and guesthouses that previously overlooked natural beauty and now over look degraded landscape.It might be that individuals would choose to make claims via litigation for instance it is common sense to assume that travelling to the countryside no one would choose to stay in a guesthouse overlooking plastic, hence the livelihood and the selling value of this property is undermined.
There is now compelling argument because of the environmental damages the result of Herefordshire County Councils failure to protect the AONB that the residents adversely affected living in Hoarwithy and Kings Caple should be re rated downwards.
30 Jan 2002 Today’s newspapers reported on the government paper which recommended at least 10% of EU farming subsidies be directed from production and used as subsidies for the benefit of the environment and pay for rural development and funds be switched to environmental farming.
Prince Charles welcomed the report saying “If there is a silver lining in the horror of the last few months it has at last made people realize how beautiful the country is”. Much of the Wye Valley AONB is owned by Prince Charles, indeed for many of the people mentioned in this document their property is adjacent or within his estate.
The farmers, leader, Anthony Gibson, south-west regional director of the National Farmers Union,
Country Living Feb 2002Polythene farming is a relatively new phenomenon in England and like all new problems it hits hard and unexpectedly. The Brinkman appeal decision provides the mechanism of control and it should be introduced forthwith, delay and the problem will get worse.
The Brinkman decision says that polytunnels should not in any event be within a designated Area of Outstanding Natural Beauty.
Where, normal planning procedures should apply, polytunnels should be
subject to the policy as laid down in: The Reviewed Structure Plan For The County of
Hereford /Secretary of State For The Environment On The 20TH Sept 1965 Relating
To The Landscape
2.4.1. Prominent views to and from hillsides and across open countryside or towns are
protected from the intrusion of large-scale development. The setting of historic and
attractive man-made features such as cathedrals, churches and notable buildings should
therefore be protected.
POLYTUNNELS SERIOUSLY DEGRADE LANDSCAPE
THEY SHOULD NEVER HAVE BEEN ALLOWED IN AN AONB
GROUPS, BODIES AND INDIVIDUALS HAVE REQUESTED THEIR REMOVAL
THE BRINKMAN APPEAL DECISION OFFERS THE MEANS
NOW LET THE DISTRICT COUNCILS SEEK IMPLEMENTATION
AND REMOVE POLYTUNNELS FROM PENNOXSTONE and adjacent land at KINGS CAPLE.

photo: recent expansion surrounding Kings Caple church, site of antiquity