Farmer charged over River Lugg works to plead not guilty
Section of River Lugg in autumn 2021 after work by John Price © John Price A Herefordshire farmer at the centre of a dispute over river works along the protected River Lugg plans to plead not guilty to charges brought against him by government agencies.
John Price, a potato, cereal and beef farmer from Day House Farm, Kingsland, has been summoned to appear at Kidderminster Magistrates’ Court on 18 May for a plea and case management hearing.
The Environment Agency (EA) and Natural England (NE) are prosecuting Mr Price for 10 charges in total (see “Government agencies bring 10 charges“) related to causing “unconsented operations and causing damage to a site of special scientific interest [SSSI]”.
See also: Farmer hits back over flood work on protected river
Government agencies bring 10 charges
Natural England (NE) and the Environment Agency (EA) said they decided to press charges against John Price after a “serious and complex investigation which had taken a considerable length of time to complete”.
The five charges brought by NE include two from November 2020: working in a site of special scientific interest (SSSI) without consent and damaging a SSSI.
Plus, three charges from December 2021: failing to comply with a stop notice and two further charges related to working in an SSSI without consent.
The five charges brought by the EA include three from November 2020: causing damage to the stability of the river, discharging silt and failure to prevent agriculture pollution.
The additional two EA charges relate to December 2021: damaging the riverbanks and wilfully disturbing spawn or spawning fish.
Adrian Roberts, Mr Price’s defence lawyer, said his client planned to plead not guilty to all 10 charges.
“Mr Price will do everything he can to defend himself. He feels he has been isolated by the attitude of the prosecuting authorities,” Mr Roberts told Farmers Weekly.
The River Lugg in March 2022 © Malcolm John
“The prosecuting authorities claim he has overstepped the mark and has gone too far. Mr Price is a good farmer and a good land manager. He takes his responsibilities very seriously.
“He is driven to help people in the village and to improve the environment in his stewardship.
“All he’s trying to do is to make sure that the village does not flood. It’s a lovely bit of countryside.”
Parish council support
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 said he, local parishioners and residents were present on River Lugg Bridge in Kingsland when three EA officials asked Mr Price to complete the work.
This included clearing the third archway of the bridge, which had been blocked for years and needed unblocking to prevent future flooding.
Local people have told Farmers Weekly that they believe Mr Price has done a fantastic job clearing the third archway and making sure that the village does not flood.
But others, including Herefordshire Wildlife Trust, have accused him of destroying the habitats of iconic wildlife, such as crayfish, otters and salmon.
If he pleads not guilty, Mr Price will likely face a trial before magistrates overseen by a district judge. This would be scheduled to take place towards the end of the year, or possibly in early 2023.
Tree felling licence
In February 2021, the Forestry Commission confirmed that tree felling by Mr Price along the Lugg had been carried out under licence and he would not face prosecution from them.
Natural England says its own regulatory powers prevent damage taking place to SSSIs and it can 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.
Mr Price, who owns land either side of the River Lugg, told Farmers Weekly he was shocked to receive notification of the charges by the EA and NE, adding that he was determined to clear his name.