Campaigners opposed to the spread of plastic crop protecters or polytunnels are pushing for a judicial review of planning policies. The Wickton Action Group on the Shropshire-Herefordshire border claims a voluntary code of practice introduced by Herefordshire Council does not work.
They say they will take their fight to the High Court if necessary.
Spokeswoman Jenny Ellerton says planning applications for fruit farms should come under normal planning law.
The plastic crop protectors - which can be very large - are classed as temporary and do not require normal planning permission.
When the council introduced the voluntary code last year it said it consulted growers, environmental officers and members of the public.
It admits the code is something of a stop-gap measure until the government brings in official legislation.