A FARM worker was today refusing to appear in court for not paying his council tax in a protest over his home being flooded.

Brian Duerden has stopped paying council tax since suffering flooding problems at his home, Watch Cottage, Bentley Wood, Hapton.

He said he was now being forced to move out of his home of 18 years because it was so damp.

Mr Duerden, 61, who claims he pumps out water from his cellar twice a week believes the flooding problems have been caused by earth moving work on the Network 65 business park.

Yesterday water in the cellar was 3ft deep.

Everything in the main living area from carpet to ceiling was damp and drawers in a cabinet so swollen they would not open or close.

Mr Duerden claimed water had run beneath the beamed cottage and penetrated into the cellar ever since a 20ft earth mound was built as a noise insulation measure between the cottage and Riley's Leisure, the snooker table manufacturers.

He added: "And it doesn't even work as you can hear the noise of fans from the factory all day and into the evening.".

Mr Duerden who owes £554.02 in council tax and costs for last year and £503 and £30 costs for this year, said: "This has been a two and a half year battle.

"I know a warrant may be issued for my arrest but this is my protest. The house is freezing and wet through all the time.

"I pump out the cellar at least twice a week, now I am planning to bail out and go to live with my daughter in the Preston area."

He said that two and a half years or so ago he had watched workman dig a trench along the edge of the field behind the cottage.

He added: They filled it in with clay and topsoil, no stones or anything, and as everyone knows water wont go through clay."

Council officials had been to inspect the problem but had not come up with a solution.

"The council seem to be blaming Riley's and Riley's say it is a council matter."

Mr Duerden added: "I am not a soft man - I have worked outdoors all my life. But when I come home in the evening it is freezing and I just can't dry it out.

"We have decorated twice in the last few years but it just comes off the walls. Everything is so wet, drawers have swelled and wont open.

"It is so bad now that I don't even eat at home any more. I cannot do with it any more, I am bailing out."

Burnley's head of engineering and highways services Dave Wood said he was aware of the problem which came to light about a year ago.

His staff did some investigation work to try to identify the cause of the problem.

Mr Wood said: "Then we had the foot and mouth crisis and problem of entering on to farm land which we have not been able to do until fairly recently.

"I need to talk to our property people about what liability the council may or may not have with regard to this matter.

"Further investigation needs to be carried out so that we can determine what action if any we would propose to take."