New Defra proposals ignite heather and grass burning debate

Last week, Defra announced proposals to extend the licencing regime for managed burning on upland deep peat from its current scope (only on certain protected sites) to all upland areas of England. These proposals would introduce substantial changes to moorland management, potentially limiting members’ flexibility to run businesses on upland peat and increasing the risk of wildfires. The CLA will therefore be submitting a robust response to this consultation.

Under the current Heather and Grass etc. Burning (England) Regulations 2021, burning vegetation on Sites of Special Scientific Interest (SSSIs) that are also Special Areas of Conservation (SACs) or Special Protection Areas (SPAs) requires a licence if the peat depth exceeds 40cm.

Defra is proposing to:

• Expand the scope of these regulations to all Less Favoured Areas (LFA) instead of using a habitat designation to define the regulated area. The map below, from the consultation document, shows the full LFA area in blue. The government argues this will cover all areas of deep peat, which it believes need protecting through licencing. The changes would bring a new set of moorland owners into a relationship with Natural England, the licencing authority.
• Re-define ‘deep peat’ as any peat deeper than 30cm, rather than 40cm. Defra explains that, at 30cm, peat can sustain blanket bog habitat, and the change will therefore “increase the amount of peat being protected from further damage”. The adjustment would also align British and European standards.
• Remove one of the current grounds for a licence to burn – if “the specified vegetation is inaccessible to mechanical cutting equipment and any other method of management is impracticable” – on the basis that the other, remaining grounds for a licence (wildfire prevention, safety, and environmental conservation) should be the only reasons that burning needs to occur.
• Introduce a new ground for burning for research purposes, so projects “are not unduly constrained”.
• Require that those burning vegetation must follow the Heather & Grass Burning Code, which is in the process of being updated. Currently, adherence to the code is voluntary.
• Make it mandatory for at least one person carrying out a burn under the regulations to have previously completed training, similar to the accredited online and practical courses required in Scotland under the new Wildlife Management and Muirburn (Scotland) Act 2024.

Defra is also gathering information on how to make applications to burn easier; what the economic and practical impacts of the changes are – specifically, the adjustments to land management which practitioners foresee; the cost of these changes; and any other concerns.

In short, in Defra’s words, the proposals would make “burning…a last resort, where no sustainable alternatives exist”.

Defra argues that these changes would lead to healthier peatlands with more natural vegetation and hydrology, reduced CO2 emissions, and an overall lower risk of wildfire. It intends to reduce air pollution impacts from managed burning and reduce the bill which water customers pay to remove peat from drinking water.

One aspect of this debate with wide consensus is that the build-up of older, woodier vegetation from lack of management increases wildfire risk. CLA members will therefore be sceptical about how these changes will reduce wildfires and associated CO 2 emissions. However, Defra assumes that the new default management would become raising the water table on deep peat, rather than only stopping prescribed burns. Mowing or cutting would become an interim option, rather than the new requirement. A range of practical and economic barriers prevent members from rewetting upland peat; Defra needs to address these barriers to rewetting regardless of licencing for managed burning. 

The CLA is currently conducting a review of the academic literature to fact-check Defra’s claims, and we are keen to hear from members.

Managed moorland burning is a divisive topic, and there will undoubtedly be diverse views within the membership. We aim to reflect a consensus position and are keen to hear from moorland owners and managers, those with land downstream of peatlands impacted by changes in peatland management, as well as institutional members like water companies with moorland interests.

Please get in touch with Matthew Doran to share your views at matthew.doran@cla.org.uk or 07525 196833.