Natural England and the Environment Agency have announced today they are beginning legal action against a landowner for damage to a protected area of the River Lugg in Herefordshire which has caused suspected significant and long-term ecological harm.

Image: River Lugg pre and post December 2020

This follows a joint Natural England and Environment Agency in-depth investigation into ecological harm to the 1.5 kilometre of the protected stretch of the River Lugg. The investigation followed reports of unauthorised activity including dredging and changing the shape (profiling) of the riverbank in Kingsland in Herefordshire in December 2020.

The regulators said:

"This has been a serious and complex investigation which has taken a considerable length of time to complete."

The charges being brought against the landowner relate to:

• unconsented operations and causing damage to a Site of Special Scientific Interest
• carrying out activities within 8 metres of the River Lugg which were likely to cause damage to or endanger the stability of the river
• causing a water discharge activity, namely a discharge of silt into the River Lugg
• failing to take reasonable precaution to prevent agricultural pollution from land management and cultivation practices on agricultural land
• wilfully disturbing spawn or spawning fish, or any bed, bank or shallow on which any spawn or spawning fish may be
• breach of a stop notice

The charges also relate to further works which are alleged to have been carried out by the landowner in December 2021.

Court action will now follow at Kidderminster Magistrates’ Court.

Oliver Harmar, Chief Operating Officer at Natural England said:

“The decimation of this section of the River Lugg has been devastating to the local environment and to local people, destroying the habitats of iconic wildlife such as otters, kingfisher and salmon. It was heart-breaking to see this beautiful riverside illegally damaged.”

The area is protected as a Site of Special Scientific Interest (SSSI) due to its importance for nature. Consent is required before any works are carried out within a SSSI to the river which had not been granted.

Multiple agencies have been involved in investigating the damage.

River Lugg post-2020

On 4 December 2020, with the support of West Mercia Police, officers from Natural England, the Environment Agency, the Forestry Commission and Herefordshire Council came together to investigate the series of unconsented works. They attended the scene to investigate and seek formal evidence for the alleged offences. The joint investigation followed reports of activities including dredging, illegal felling of trees and profiling of the river banks.

A legal notice requiring the works to stop immediately was served on the landowner by Natural England, while the Forestry Commission issued a stop letter requiring an end to any further felling work. The Environment Agency also requested no further works to be carried out on the river.

The works have the potential to cause significant, long-term ecological harm to nearly 1.5 kilometres of the river.

The hearing will be held at Kidderminster Magistrates’ Court on 18 May 2022.