A CONTROVERSIAL farmer who flouted environmental orders by dumping and burning waste has been told he will not be going to jail.

Burnley Crown Court heard John Leslie Allison, 71, even tipped waste in front of an enforcement officer after he had been warned to stop because he was committing a criminal offence.

Despite Allison, who runs Hubbs House Farm, Southfield Lane, Colne, being in breach of two suspended sentences for growing cannabis, Judge Philip Parry told the defendant he would not be sending him to prison. Mr Allison was seen to smile as he left court after the hearing.

Judge Parry adjourned the hearing so Allison's financial situation could be assessed and warned him that he faces a hefty fine.

Politicians have spoken at their frustration that Allison has been allowed to keep his liberty and fear he will continue to dump more waste on his land at Hubbs House Farm and Delves Lane, Colne.

Lord Greaves, who represents the Waterside ward on Pendle Council, said: "The man is just taking everybody for a ride. I think most people in Colne and Pendle will think the whole thing is a joke and the law is just utterly and completely useless. He will just continue to do it. I think he gets special treatment. It is a travesty of justice."

Cllr Dorothy Lord,who also represents the Waterside ward, said: "He will carry on because he has already carried on. It's so frustrating. It has to stop one way or another. If that means he eventually goes to prison the so be it."

Prosecuting the case, Rosalind Emsley-Smith told the court how EA officers had noticed an increase of waste on the Delves Lane site in September 2015. Over a number of separate areas of land there was household waste and builders waste. EA officer Gabriella Boca visited the site on October 22, 2015, and noticed an increase in waste, which included pellets, builder's waste in bags, piles of bricks and wood. Eight days later Ms Boca spotted Allison attaching a rusty trailer full of waste to the back of his tractor in Scotland Road, Colne.

Allison admitted he wasn't a registered carrier for waste.

On December 2, 2015, Allison was seen on his land in Delves Lane driving the tractor, which had a trailer full of waste on the back. Ms Boca noticed an increase in waste on the site, including building bricks, carpets, linoleum and plastic bags full of household waste.

On one of the locations alone there was waste covering between 90 and 100 square metres, Ms Emsley-Smith said.

Allison had said the waste had been prepared for a bonfire and the court heard the fire service had attended the site on November 11 and used 4,000 litres of water to extinguish a fire.

At that time Allison was issued with advice that what he was doing in Delves Lane was illegal.

Ms Boca returned to the site on December 17, 2015, and there was an increase waste. There was also evidence that attempts had been made to burn it.

Ms Boca returned to the site on February 1, 2016, and saw the trailer full of waste parked at the entrance. In full view of the officer Allison unhooked the trailer and tipped its contents on top of existing waste on the land.

Allison told the officer he didn't bring waste on to the land and what he was tipping was from a 'dig-out' - soil he had dug up from elsewhere.

Ms Boca observed waste on one part of the site now totalled between 100 and 120 square metres.

On February 18 the EA served a Section 59 notice on Allison, requiring him to remove the waste on his land.

But when officers returned the following month the waste had increased to cover between 280 and 290 square metres.

On May 15, he was witnessed by two of his neighbours towing waste in his trailer.

On June 14, EA officer Christopher Jamieson spotted Allison with a trailer full of clay and waste. Despite being warned that he would be committing a criminal offence by the officer Allison tipped it anyway.

Ms Emsley-Smith told the court that when the EA's interventions weren't working, Lancashire County Council's Trading Standards department took their own action.

On September 29 Allison was sent stop notices warning him that he did not have planning permission to run a waste site.

Officers visited the site on October 6 and October 24 and discovered even more waste had been dumped on the site and he had taken no notice of the stop notice.

Allison admitted to two counts of breaching an enforcement notice, one of contravening the requirements of an environmental permit and two of breaching the terms of a suspended sentence requirement.

Defending Robert Elias said his client was vulnerable and had been the target of fly-tippers.

He said: "He's an isolated individual who is stubborn. He has not taken steps to stop others exploiting his naivety."

Judge Parry added: "What I have heard about how you have conducted yourself over the last two years doesn't really impress me. I am not going to activate the suspended sentence.

"We will meet again at Preston Crown Court on November 10. Before then I have requested to look into your finances. I will use that to determine the size of your fine."