Pigs rub council up wrong way

From the archive, first published Tuesday 20th Mar 2007.

A farmer has been taken to court by Bradford Council over allegations that his herd of free-range pigs damaged protected trees by rubbing their backs against them.

David Sunderland, 43, was summonsed to appear before Bingley Magistrates' Court after being charged with 22 counts of willingly damaging protected trees.

But the Council withdraw its prosecution at the last minute yesterday leaving magistrates to strike out the case and award him £4,500 towards his costs.

The Council investigation began after it received complaints that 27 beech trees, which are subject to tree preservation orders, had been damaged in a field at the farm in Chat Hill Road, Thornton, Bradford, where 80 rare British Saddle pigs were being allowed to roam freely.

Damage was found to 22 of the trees which had bark dislodged from them, according to Council inspectors.

But a tree specialist employed by Mr Sunderland, who lives at the farm with his wife, Clare, and four children, argued the damage was more likely to have dated back to before he bought the land when horses were kept there.

After the case a Council spokesman said the authority took its legal duties regarding tree preservation orders seriously and will take action where necessary. But Mr Sunderland, who owns 28 and a half acres of farmland and also keeps horses, sheep and cattle, accused the Council of adopting a heavy-handed approach. He said: "I was bullied, I think they thought he's a stupid, small-time farmer - an easy target'. The case was withdrawn because they didn't have sufficient evidence.

"When I first heard from the Council I thought it was ridiculous, a wind-up. Every animal needs to satisfy an itch and there is nothing you can do about it. The tree specialist I got to come out said the damage looked old and could have been done eight years ago." Mr Sunderland said he had since fenced off the trees to ensure the pigs could not go near them.

But he added: "These pigs are born, fed and bred in the traditional free-range way. There's outcry at how factory farmed animals are treated, yet when we bring them up like this we are getting punished. It's a warning to all farmers."

After the case a Council spokesman said: "This was a complex case involving numerous trees of significant value and there was a great deal of investigation and consideration of expert opinion.

"In the circumstances, it was decided that the Council would monitor the trees to ensure that the landowner takes adequate measures to prevent damage to these important trees.

"There are many ways of damaging and destroying trees and it is a landowner's responsibility to take all necessary action including protection from livestock damage."

Councillor Anne Hawkesworth, the Council's executive member for environment and culture, said: "There has been some problem with endangering some rather special trees with tree protection orders, and obviously that is unacceptable.

"Having said that, I would hope the Council and the farmer can come to some compromise and encourage the pigs to scratch their backs somewhere else. It seems to be a strange thing to go to court about. The trees should be protected, surely there is a middle way of doing this."

Mr Sunderland said he was considering taking further legal action against the Council for its handling of the case.

e-mail: ben.barnet

@bradford.newsquest.co.uk