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Farmer pleads guilty to damaging River Lugg

by agrifood
May 19, 2022
in Farming
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A Herefordshire farmer has pleaded guilty to damaging the protected River Lugg after a high-profile investigation by government agencies into unauthorised river maintenance work.

John “Pudge” Price, a potato, cereal and beef farmer from Day House Farm, Kingsland, Leominster, appeared at Kidderminster Magistrates’ Court on Wednesday 18 May for a plea and case management hearing.

See also: Farmer charged over River Lugg works vows to clear name

Mr Price, 67, pleaded guilty to seven out of 10 charges brought against him by the Environment Agency (EA) and Natural England (NE) related to causing “unconsented operations and causing damage to a site of special scientific interest”.

The three charges that were withdrawn were covered by the seven guilty pleas to the other charges, the court was told.

Mr Price, who owns land either side of the protected river, admitted several offences carried out between 1 and 30 November 2020 which were contrary to the Wildlife and Countryside Act 1981 and Environmental Permitting Regulations.

© Malcolm John

Modifications

These included modification of river banks, use of vehicles to damage riparian habitats or disturb species of interest, without prior consent. He also pleaded guilty to failing to comply with a stop notice served to him on 2 December 2020, desilted and reprofiled the river banks and beds, and removed bank side vegetation.

The court heard that some of the offences carry an unlimited fine and others a maximum penalty of two years in prison.

Bernard Thorogood, a barrister representing NE and the EA, said the government agencies would be seeking to recover “substantial” legal costs and would ask the court to put in place a restoration order for the part of the river in question.

“Restoration is likely not to be cheap. The costs are substantial already and obviously will grow to a degree, and some of the offences carry only financial penalties,” said Mr Thorogood.

“From the prosecution’s point of view, we are putting restoration first and second is the recovery of costs. This has been a substantial exercise that has involved repeated checks by experts on the condition of the river and all its inhabitants.”

Evidence

Adam Farrow, defending, said he would be seeking medical evidence, including a psychiatric report of his client, which would be prepared for the court.

District judge Ian Strongman reserved sentencing powers to the magistrate’s court and he indicated that a two-day hearing for sentencing would be necessary.

The case was adjourned until 24 October to the same court to allow both parties to prepare relevant reports. Sentencing is likely to take place at a future date later in the year, or early next year.

Local farmers travel to court to give their support

Farmers and friends of John Price travelled to the court to show their solidarity.

They told Farmers Weekly that the Environment Agency had not done any river maintenance work for years along the River Lugg and that Mr Price had carried out the work because he was fed up with his land flooding.

William Lyke, a mixed farmer in nearby Kingsland, said: “I think work needs to be done on these rivers all the time.

“Landowners and farmers have a duty of care to maintain the farms, and I think everybody gets a bit frustrated. The Environment Agency and Natural England take the view that abandonment is conservation.”

Fellow farmer Derek Thomas added: “I think the whole farming community feels John Price has been harshly treated. He’s been looking after the watercourses all his life.”

Friend and neighbour David Barrington said: “I think the work was all done for the right reason. The people who live close to the river are very supportive of John Price. Before he did the work, it was overgrown.”

Mr Barrington said he felt Mr Price should just be reprimanded, and anticipated he would restore the site through tree planting.



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