Herefordshire Council said last week it was taking legal measures to oblige the landowner, believed to be William Lyke, to reinstate the Wellington Brook immediately west of Canon Pyon back to its original, meandering course.
The formal record of its decision confirmed it was serving notice on the landowner under section 25 of the Land Drainage Act 1991 – more typically used to require the unblocking of rivers and streams.
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The council says it “holds no record of any consent or approval” for the substantial works to remove a wide bend in the brook and its bordering vegetation between two fields immediately west of Canon Pyon.
“Alterations to watercourses, including modifications such as straightening or culverting, can increase flood risk both locally and downstream,” it explained.
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But a spokesperson for the Environment Agency in the Midlands, which is jointly responsible for managing flood risk in the area, confirmed: “Our officers say we have not been approached.”
This contrasts with the agency’s role in jointly prosecuting farmer John Price for unauthorised work to clear the banks of the river Lugg at nearby Kingsland in 2022, along with Natural England.
The council added it had attempted to contact the landowner at several addresses, including in person and by letter before and after enforcement action commenced.
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“The council is now in contact with a representative of the landowner and the enforcement process continues,” it said.
“We hope to resolve the matter as soon as possible and we are grateful for local residents’ patience.”
Failure to comply with the notice “may give rise to prosecution”, the council earlier warned.
Mr Lyke has declined to comment on the case.
