A Herefordshire farmer has vowed to clear his name after being charged with causing damage to a protected stretch of the River Lugg following an in-depth investigation by government agencies.
John Price, a potato, cereal and beef farmer, from Day House Farm, Kingsland carried out the erosion work on a mile-long stretch of the River Lugg in Kingsland, near Leominster.
He faces a number of charges related to the work, including carrying out unauthorised activities along the stretch, such as removing silt and gravel from the riverbed and damaging the banks.
See also: Farmer hits back over flood work on protected river
Mr Price, who owns land either side of the River Lugg, told Farmers Weekly he was “shocked” to receive notification of the charges and it “came out of the blue”. But he said he “felt determined to clear his name”.
The farmer maintained he was given permission by his local Environment Agency (EA) branch to undertake the work.
The River Lugg is designated a site of special scientific interest (SSSI) due to its importance for nature and is home to crayfish, otters and salmon.
Natural England and the EA announced in December 2020 that they would carry out a joint investigation into the loss of habitat, which could lead to legal action.
May court date
Following what they described as a “serious and complex investigation which had taken a considerable length of time to complete”, the agencies have decided to prosecute Mr Price. He has been summoned to appear at Kidderminster Magistrates’ Court on 18 May.
The charges relate to “unconsented operations and causing damage to a SSSI”, the agencies said. Permissions need to be granted before work can take place in a SSSI, the agencies stressed.
Further charges include carrying out activities within 8m of the River Lugg which were likely to cause damage to or endanger the stability of the river, causing a water discharge activity (silt), failing to take reasonable precaution to prevent agricultural pollution, wilfully disturbing spawn or spawning fish and a breach of a stop notice.
The agencies said the alleged activities were carried out in December 2020 and further activity is alleged to have been carried in December 2021.
Mr Price previously said he undertook the work with the support of the parish council, because the EA told him he was in breach of his responsibilities as a riparian landowner to prevent further erosion of the river banks.
County councillor Sebastian Bowen told Farmers Weekly that he, local parishioners and residents were present on River Lugg Bridge in Kingsland when three EA officials asked Mr Price to carry out the work.
This included clearing the third archway of the bridge, which had been blocked for years and needed unblocking to prevent future episodes of flooding.
Tree felling – no action
The Forestry Commission announced in February 2021 that tree felling had been licensed and it would take no further action against Mr Price following its own investigation.
But the commission said its decision had no bearing on ongoing investigations being carried out by other government agencies.
Natural England says it has regulatory powers to prevent damage taking place to SSSIs and to take appropriate enforcement action, including prosecuting offenders where damage occurs.
The EA has powers to prosecute under the Environmental Permitting (England and Wales) Regulations 2016; Water Resources Act 1991; and the Salmon and Fresh Water Fisheries Act 1975.
