Defra Now Consulting on Proposals to Further Restrict Heather Burning

Background

The Heather and Grass etc Burning (England) Regulations 2021 ban the burning of vegetation on deep peat areas (over 40cm depth) within a SSSI which is also an SAC or SPA, unless Defra has granted a licence to burn.

What are the proposed changes to the Regulations?

Defra has announced that it is proposing to amend the Regulations so that a licence will be necessary for any burning of vegetation on areas of peat over 30cm deep anywhere within a Less Favoured Area. The consultation document seeks views on each part of the proposed change, namely:

• Changing the area affected by the current ban on burning on deep peat from land within a SSSI which is also an SAC or SPA to all land within a Less Favoured Area

• Changing the definition of “deep peat” from peat over 40cm deep to peat over 30cm deep

• Removing one of the grounds for granting a licence (land is inaccessible to cutting equipment) and adding one new ground (for research purposes)

• Making compliance with the revised Heather and Grass Management Code mandatory

• Introducing mandatory prescribed fire and wildfire training

Defra launched a consultation on the proposed changes today (31st March 2025) and the closing date for responses is 25th May 2025. The consultation documents can be found here.  

As well as responses to the proposed changes above, the consultation also seeks to gather evidence on:

• Practitioners’ experience of the current licence application process, and

• The economic and other impacts of the proposed changes.

What else has been published?

The consultation is supported by three new Natural England publications:

• An evidence review update on the effects of managed burning on upland peatland biodiversity, carbon and water (NEER155)

• Definition of Favourable Conservation Status for Blanket bog (RP2967)

• Definition of Favourable Conservation Status for Heathland (RP2977)

What next on the consultation?

1. The Moorland Association will be submitting a detailed response to the consultation. The draft will be published in advance so it can guide your own submission.

2. We will also be publishing advice and encouraging members to submit their own individual responses to Defra (which can be sent by email or online via the Defra website). Make sure you've signed-up for the free Moorland Association Newsletter so you don't miss out on any vital updates.

What do we know about the NE evidence documents?

In relation to carbon storage and heather burning the new report (NEER155) reiterates what is already known and just how much is unknown:

• Burning heather releases carbon in the short term

• Weak, inconsistent evidence of controlled burning changing carbon stocks below ground

• Inconsistent evidence on the net carbon effects of heather burning

• Inconsistent evidence on how burning impacts peat accumulation

• Evidence of impact on watercourse Dissolved Organic Carbon is now inconsistent.

• Inconsistent evidence that burning changes water pH.

In summary, the report indicates a complex relationship between managed burning and the themes it looks at. Since this report highlights how much is poorly understood, we question why any government would wish to consider adopting a position that it is damaging.

We will be exploring this in detail and bringing you more analysis soon. Don't forget, make sure you've signed-up for the free Moorland Association Newsletter so you don't miss out on any vital updates.