TWO farmers and their site manager have appeared in court accused of illegally dumping £25,000 of building waste over a three-month period.

Farmers Thomas Collins, 61, his brother Paul Collins, 45, and Peter Wherry, 59, are charged with creating an 80 x 80 metre platform of waste, 15ft high.

The trio deny five counts of depositing controlled waste on land at Trenoweth Farm, Gweek, Helston between October 31, 2007 and February 12, 2008.

Charges were brought against the men by the Environment Agency.

The farm and land is owned by the brothers who had known Wherry for around 30 years.

Yesterday the jury at Truro Crown Court were told the brothers and Wherry of Meneth Road, Camborne, had allowed haulage firms to dump soil, stones and concrete blocks from building sites.

Prosecuting, Malcolm Galloway, said the firms involved were charged £40 a load and that during the period in question 9,126 tons were dumped by lorries making 648 trips.

He said the brothers shared 50 per cent of the profits between them, leaving Wherry with the remaining 50 per cent.

He said: "The three defendants who stand before the court were responsible for large scale tipping. The waste came from local construction and demolition sites. The prosecution say that as a result they made thousands of pounds profit.

"Tractors were used to spread the waste. The prosecution say this was a professional operation."

Mr Galloway said landfill sites could prove expensive for firms looking to dump controlled waste because of charges and that some looked for cheaper alternatives.

He told the jury that recycled rubble may be used in the creation of new buildings but that a special exemption notice from the Environment Agency was required.

Mr Galloway said that the brothers had argued that the material was to build a cow shed, and a bale and waste storage area, but that they had not applied for an exemption.

He told the jury: "It is up to you to decide if there was a legitimate need for some building rubble to redevelop part of the farm and that as the profit came in, temptation continued."

The court heard that the brothers had not informed Kerrier District Council about plans for developing the farm and had not applied for planning permission. Nor had they told the former Cornwall County Council or the Environment Agency.

The matter came to light when Cornwall County Council received a letter of complaint about what was going on at the farm, the court heard.

Mr Galloway said that the brothers later applied for an exemption but were refused.

The trial continues.