Greenpeace today wrote to the Government informing them that, following legal opinion, it considers the planting of this winter's farm scale trials of GM oil seed rape (OSR) unlawful. The letter has been sent John Prescott, Deputy Prime Minister and Secretary of State for the Environment, Transport and the Regions and to Nick Brown, Minister for Agriculture [1].
The challenge is based upon the Government's failure to apply for planning permission for a change of land use for the sites involved in the farm scale trials. The Government should have applied for a change of use when it proposed the trials since the land will no longer be subject to agricultural use but used instead for research purposes.
In the light of legal opinion, Greenpeace has given the Government fourteen days to either apply for planning permission or provide adequate reasons for the failure to do so. Greenpeace has also asked the Government to confirm that it will cease all preparations for the farm scale trials of GM winter oil seed rape, at least until proper planning permission has been obtained.
In a written answer to a parliamentary question, dated 26 th July, 2000, concerning the requirement for GM farm scale trials to have planning permission, Lord Whitty, a Government Minister in the House of Lords, said that the Government was unable to give an 'authoritative' interpretation of the legislation and that it was a matter for the courts [2].
In an earlier case brought by Dow Agrochemicals Ltd against a tenant farmer in Norfolk in 1965, Judge Carey Evans concluded that: "Where nothing whatsoever is grown for use by man or beast, nor for use on the land to improve it or manure it, nor for sale it is impossible to say the fact that crops along with weeds and grasses are grown for purely research purposes is enough to make the use of the land in question agricultural" [3].
Greenpeace campaigner Jim Thomas said, "The Government's breath-taking arrogance in ignoring the rejection of GM technology by citizens and consumers - as well as the risk of genetic contamination - borders on the criminal. Now it appears that the farm scale trials are riding rough-shod over planning law as well."
Notes to editors:
[1] Full text of Greenpeace letter available upon request.
[2] Lord Whitty quote in full:
Farm Scale Evaluation - Written answer 26 Juy 2000 Baroness Miller of Chilthorne Domer asked her Majesty's Government: Whether there are any circumstances in which the use of agricultural land for farm scale evaluation would require planning permission from the relevant local authority.[HL3497]
Lord Whitty: The application of the Town and Country Planning Act 1990 to farm scale evaluation of genetically modified crops would depend upon whether the use of agricultural land for such evaluations would involve a "material change of use" constituting development for the purpose of that legislation. This would involve the consideration of a number of factors, including whether the use of farm scale evaluation would fall within the definition of "agriculture" and not constitute development. In any event each case would have to be considered on its own merits. The Government are unable to give an authoritative interpretation of the legislation, this being a matter for the courts.
[3] - Dow Agrochemicals Ltd v E.A. Lane (North Lynn) Ltd (1965) 192 EG 73.
