A Herefordshire landowner has been sentenced over the destruction of 1,5 km section of the protected River Lugg in Kingsland in 2020, which resulted in loss of many wildlife habitats. The river is a designated SSSI with 121 river plant species, providing habitat for a variety of animals, including otters, kingfishers, trout and salmon, and was one of the last unspoiled rivers in the UK.
The sentence is the result of a legal action taken by the Environment Agency and Natural England following a thorough joint investigation into the destruction of the river and its banks between 2020 and 2021, where John Price used heavy machinery including bulldozers and excavators to remove trees, dredge and change the profile of a 1,5 km stretch of River Lugg, for which he had no consent.
Following the court hearing at Kidderminster Magistrates Court, Mr Price pleaded guilty to offences, was sentenced to 12 months in prison for breaching the Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations SI 2018/151, was ordered to pay £600,000 in prosecution costs, and was disqualified to act as a director of a limited company for three years. Additionally, Mr Price was served a Restoration Order under the Wildlife and Countryside Act 1981, requiring a number of actions to restore the river. It is predicted that it will take decades to restore the river to it's former state, including the establishment of mature trees.
This was the first prosecution under farming rules for water which were introduced to improve good practice and prevent water pollution.
Speaking after the hearing, 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 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."
The Environment Agency's Place Manager for Heredfordshire, Martin Quine, said: "The Environment Agency is working hard to restore the health of our rivers. It is a complex task that can only be achieved in partnership with landowners. We provide advice and guidance but will impose sanctions or prosecute where appropriate to protect the environment and ensure those who breach regulations are held to account. The vast majority of landowners and users fully cooperate with this process.
"While Mr Price's justification for the works was to help prevent flooding to local properties, his actions did not have any flood prevention benefit. The destruction of river banks is not appropriate flood management. 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."