Prescott's wine decision now overruled headliney

THE OWNERS of an award-winning vineyard were yesterday given the go-ahead by the Court of Appeal to sell their own wine after a judge described Environment Secretary John Prescott's ban as "an affront to common sense".

David and Christine Millington appealed, after the High Court ruled last October in favour of Mr Prescott's decision, that although growing grapes was an agricultural activity, wine production was not.

The council took action after the local residents of Shrewsbury, Shropshire said their peace had been shattered by the amount of traffic travelling to the six-acre Roman Vineyard at Wroxeter.

Although the Millingtons were later granted planning permission to produce wine and store it, they were not able to sell it.

Now three appeal judges have ruled in favour of the Millingtons, allowing their appeal and quashing the decision of the Environment Secretary.

Lord Justice Mantell made an analogy with cider-making in Somerset, adding, "to suggest that it is not a farming activity or ancillary to the growing of apples would be an affront to common sense".

Lord Justice Schiemann said Mr Prescott was wrong and that the appeal challenged planning legislation for farmers over whether Mr Prescott was right that growing grapes was agriculture but wine production was not.

For the Millingtons, it is the end of a seven-year legal battle. "I should have brought a few bottles to celebrate, "Mr Millington said afterwards.