A council wrongly approved a plan to cultivate a Mexican fruit on farmland near an English village, a judge has decided following a High Court fight. Deputy High Court Judge Tim Smith has ruled that East Hertfordshire District Council unlawfully gave the go-ahead to the erection of three polytunnels near Little Berkhamsted, Hertfordshire.
Vladyslav Petryk wanted to use the polytunnels to grow tomatillos on land at Bucksbury Farm. But neighbor Andrew Rickards took court action against the council after raising concerns.
Judge Smith has outlined the detail of the dispute in a written ruling following a hearing at the Royal Courts of Justice in London in June. He was told that the polytunnels stood side by side and were "large" – 32m (about 100ft) long, 8m (about 25ft) wide and nearly 5m (about 15ft) high.
Mr Rickards made a number of challenges to the council's decision to approve the polytunnels scheme. Lawyers representing the council argued that approval was lawfully granted, but the judge upheld two of Mr Rickards' complaints. He concluded that the council had not taken account of the impact the polytunnels would have on a nearby ancient woodland, and their impact on a nearby listed building owned by Mr Rickards.
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