River Lugg

Farmer jailed for saving local homes from flood

A farmer has been jailed for 12 months after he dredged a stretch of Herefordshire river in an effort to save nearby homes from flooding.

 

In 2020, 68-year-old John Price worked over 200 hours at weekends and into the evenings to remove gravel and silt from a stretch of the River Lugg. He had argued that the work was necessary to prevent further flooding of properties in the village of Kingsland. Homes in the area were flooded during Storm Dennis in early 2020, but spared in January 2021 when Storm Christoph hit.

 

The cattle and potato farmer dredged and reprofiled a mile-long stretch of the river using heavy machinery including bulldozers and excavators. The Environment Agency and Natural England brought seven charges against him for the work, including those relating to discharging silt into the river and the destruction of 71 trees.

 

The River Lugg is home to six protected and endangered species including the common otter and white-clawed crayfish. Price was accused of destroying habitats and wildlife on a stretch of "one of the country's most unspoiled rivers". Bernard Thorogood, prosecuting, told the court that Price was aware that the area was protected and that he needed permission to carry out any work.

 

Price, who owns the land on either side of the river, admitted all seven offences related to work he carried out in 2020 and 2021. In 2020 he told The Daily Telegraph he had the support of the village and parish council to carry out the work - he said residents pleaded with the Environment Agency to clear the blocked river to help prevent flooding. 

 

Speaking at the time, Mr Price said: "I'm a Herefordshire farmer and have lived at Day Farm and was born here at home. I have never moved and have watched this river all my life and no one knows this river better than myself. The flooding has been getting substantially worse over the last 10 years and will continue to get worse if a certain amount of work is not done." 

 

The villagers said that they supported Price's actions, arguing he had 'acted in the best interests of the local community.'

 

The Environment Agency has come under increasing criticism in recent years for its approach to flood prevention, in particular, to move away from dredging, which many farmers argue is an important tool.

 

in 2021 Price carried out further works which his lawyer said he conceded were for aesthetic reasons. He was charged with failing to take reasonable precautions to prevent agricultural pollution, carrying out operations specified in the notice of the River Lugg Site of Special Scientific Interest without reasonable excuse, and failing to comply with a stop notice.

 

Judge Ian Strongman said his actions were "not short of ecological vandalism" and a custodial sentence would act as a deterrent to others considering taking similar action. He added that Price's diagnosis of autism spectrum disorder was "only a minor mitigating factor" as he had run a successful business for many years and was "able to make decisions".

 

Speaking after the verdict, the area manager for Natural England, Emma Johnson, said: "The destruction of this section of the River Lugg was devastating for the abundance and range of species which thrived in this river. The River Lugg is one of the most iconic rivers in the United Kingdom and to see this wanton destruction take place was devastating. We want to ensure that Mr Price now takes the necessary actions which we hope, in time will restore this much-loved stretch of river to its former condition."

 

Ecologists said it would take at least 25 years for the area to start to recover from the farmer's actions and for replacement trees to reach "maturity".

 

Martin Quine from the Environment Agency said the destruction "did not have any flood prevention benefit". He added: "The destruction of river banks is not appropriate flood management. "We urge landowners never to take extreme measures such as this and instead to always work closely with the Environment Agency around river management to agree on the best solutions for both landowners and the environment."

 

Mr Price was sentenced to 12 months in prison at Kidderminster magistrates' court and was disqualified from his role as director of his company for three years. Mr Price will also have to pay £600,000 in costs and will have to help repair the river.

 

 

Collings Solicitors

Altrincham

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