COUNCIL chiefs have been criticised by the local government watchdog for keeping details of a policy change about the plastic covering of polytunnels under wraps.

Ombudsman Jerry White said Herefordshire Council changed its policy over what constitutes development' at polytunnel sites but failed to give an explanation.

In an interim finding on a complaint of maladministration Mr White said: "The council has previously stated that it was only if the plastic was in place that the polytunnel could be said to exist, so when the plastic was removed at the end of each season then what was left did not constitute a polytunnel.

"Now the council's position is that once any tunnel is first completed development has commenced and the rolling back of plastic does not stop the clock. I do expect a council to be able to provide a reasoned basis for any significant change in position.

"I would therefore expect to see cogent arguments advanced to explain how this has come about. I do not consider that the council has provided such arguments."

As some growers fight to keep tunnels permanently-sited, and with the council embroiled in a test case at Kings Caple, the Ombudsman posed the question on whether enforcement action should have been taken sooner.

Council policy, based on a voluntary code, may be found to have been "flawed," said Mr White. But he could not conclude his investigation while a key planning appeal was in process.

Herefordshire Council was slammed by the Countryside Agency earlier this year over its lack of planning controls on crop tunnels.

Residents were being denied the democratic right to consultation that the planning process provided, said the agency.

This week campaigners claimed the county risked "polytunnel blight" without a tougher reprimand from the Ombudsman.

Hoarwithy artist Edward Kelly, who lodged the complaint against the council, said the authority now conceded that tunnels were development needing planning consent but continued with a code that allowed two year's grace.

"The council's position is irrational." said Mr Kelly. "We can see where this policy has already taken us."

He slammed the authority for its "unlawful and unjust policy" and threatened to take the issue to the European Ombudsman at Strasbourg.

Council responds HEREFORDSHIRE Council said counsel had advised it to await the findings of a High Court appeal over a polytunnels site in Surrey before considering further review of its polytunnel code.

Responding to the Ombudsman's criticism, council lawyer Kevin O'Keefe said: "What is referred to as a substantial change in the council's code is, in fact, very subtle in relation to the definition of polytunnel development.

"There has been no conclusive court ruling or planning guidance with regard to polytunnels erected over soil-grown crops.

"The Ombudsman has not come to a final view on the matters raised by Mr Kelly so it would not be appropriate to comment further."