A farmer has been sentenced to 12 months in prison for destruction of 1.5km of the protected River Lugg in Herefordshire.
John Price was also ordered to pay prosecution costs of £600,000 and disqualified from being a director of a limited company for three years at Kidderminster Magistrates Court yesterday (Thursday, April 20).
In addition, a Restoration Order under the Wildlife and Countryside Act 1981 was imposed, requiring Price to carry out a number of actions to restore the river.
Damage to River Lugg
The sentence is the result of legal action launched last year by Natural England and the Environment Agency following a joint in-depth investigation into environmental harm caused by Price’s work in 2020 and 2021.
Price used heavy machinery, including bulldozers and excavators, to dredge and reprofile a stretch of the River Lugg at Kingsland, Herefordshire, destroying the riverbed and banks.
Th River Lugg is a designated Site of Special Scientific Interest (SSSI) due to have an exceptionally high diversity of wildlife, with 121 river plant species that provide habitat for invertebrates, fish and birds.
Works to an SSSI must be done in such a way that protects the environment and can only be undertaken when a permit has been issued by the Environment Agency.
The damage caused by Price’s works removed the habitats of hundreds of these species, including otters, kingfishers and salmon. It also destroyed trees, aquatic plant life and invertebrates.
Natural England and the Environment Agency said the damage caused by the unconsented works is the worst case of riverside destruction they have ever seen.
It is predicted that it will take decades to fully restore the area.
Speaking after the verdict, Emma Johnson, area manager for Natural England 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 UK and to see this wanton destruction take place was devastating. This is why we have used our powers as regulators to see that justice was done and to act as a stark warning to others that we will take the strongest action against those who do not respect the laws that protect the environment and wildlife we all cherish.
“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.”
Unconsented works
The work carried out by Price were in breach of several regulations, including the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018, also known as the Farming Rules for Water; and operations prohibited in the notification of a SSSI, which persisted despite Price being issued with a Stop Notice.
This is the first prosecution under the Farming Rules for Water.
According to Martin Quine, Environment Agency place manager for Herefordshire, Price’s justification for the works was to help prevent flood to local properties.
However, Quine said Price’s actions “did not have any flood prevention benefit”.
“The destruction of river banks is not appropriate flood management,” he said.
“It is important that the Judge recognised that the works significantly weakened flood prevention measures rather than improved them.
“We urge landowners never to take extreme measure such as this and instead to always work closely with the Environment Agency around river management to agree the best solutions for both landowners and the environment.”
