Problems with odours from the farm stretch back more than 10 years

John Clarke, of Rookery Farm, Drinkstone, Suffolk, claims he has done nothing wrong.

But the council alleges the farmer has broken an undertaking given four years ago not to cause an odour nuisance.

It claims the farm is used illegally for rendering of animal waste, causing a smell known as the "Woolpit Whiff."

Mid Suffolk District Council said it has received a number of complaints from villagers at Woolpit.

It added it was now returning to the High Court because it believed Mr Clarke had broken his undertaking given in court in 2000 and had breached planning rules.

Prison possibility

David Ellis, head of environment and planning, said: "Planning use for the farm has become unlawful in our view and is now being used for industrial rendering and waste processing and that's not in keeping with its planning permission.

"He (Mr Clarke) has applied on two occasions for lawful development certificates which is a form of licence to gain acceptance for the current use of the site."

Last week the council rejected Mr Clarke's second application.

The case will now go before the High Court and if a judge sides with the council, Mr Clarke would, in effect, be in contempt of court which can lead to a jail sentence.

Mr Clarke said he believed he had planning permission.

He told BBC Radio Suffolk: "I don't think anyone should be talking about going to jail or anyone wants to go to jail - it seems a bit far-fetched to me.