DEFRA proposes new measures to further limit burning on England’s grouse moors

This morning DEFRA has announced a series of proposed new (and long-overdue) measures to further limit burning on peatland in England which, if implemented, will not be welcomed by those who own and mismanage moorland for driven grouse shooting.

The proposed new measures include significantly increasing the area where the current burning ban is in place, changing the existing definition of ‘deep peat’ from anything over 40cm to anything over 30cm, and revising the existing licensing system to only permit prescribed burning in limited circumstances where there is a strict need (e.g. reducing wildfire risk) and only where the applicant can demonstrate that other methods (e.g. cutting) would not work. The applicant must also ‘show how they intend to move the land away from the need to burn in future in order to receive a licence‘.

DEFRA has also announced that, ‘The England Peat Map, a detailed, open-access map of England’s peatlands, covering extent, depth, and condition, is being developed by Natural England and will be published later in the spring‘. 

Many of these proposed changes to The Heather and Grass etc Burning (England) Regulations 2021 were argued for in a legal challenge by Wild Justice in 2021 (see here). The courts did not give permission for the legal challenge to proceed and even refused an appeal against that decision (see here) and yet here we are, four years later, with DEFRA (albeit under a new Government) proposing to introduce some of those very same measures that Wild Justice was calling for! It’s another good example of how campaigners don’t need to win court cases to influence Government policy.

On the face of it, the new proposed measures look like a vast improvement on the Government’s previous regulations in 2021, which were quite rightly criticised by many in the conservation sector for being too weak (e.g. see here), but as ever, the devil will be in the detail.

There is still a strong argument, for example, that ‘peatland’ shouldn’t be defined by peat depth (e.g. see this excellent guest blog from last year in connection with the Wildlife Management & Muirburn (Scotland) Bill).

Then there’s the more obvious argument that a ban on driven grouse shooting would not just stop grouse moors being set alight every year for the sole purpose of artificially increasing the number of red grouse available to be shot, but it would also be good news for all the hen harriers, peregrines, red kites, buzzards, ravens etc etc that are illegally killed on those moors. If you haven’t yet signed Wild Justice’s petition calling for a ban on this so-called ‘sport’ please do so here.

DEFRA has launched an eight-week consultation on the proposed new burning restrictions which will run until 25 May 2025 (see here). As the announcement was only made this morning it’ll take some time to scrutinise the documents but I expect some in the conservation sector will, in due course, provide helpful summaries and guidance for those who wish to participate. I don’t doubt that the grouse shooting industry will be rallying its troops to argue against the new measures.

Here is a copy of DEFRA’s press release from this morning:

NEW PROPOSALS TO BAN HEATHER BURNING ON PEATLAND TO PROTECT AIR, WATER AND WILDLIFE

Extension to ban of burning on deep peat proposed by Government, so that an extra 146,000 hectares are protected.

• Peatlands store carbon, improve water quality, provide valuable habitat for wildlife, and help protect communities from flooding
• Action will improve air quality in villages, towns and cities, help deliver manifesto commitments to reach Net Zero by 2050 and expand wildlife-rich habitat, as part of our Plan for Change

Nature-rich peatland habitats are to be better protected under plans set out by the Government today (Monday 31 March), which would ban burning on peat in the uplands, improving health and wellbeing of people in nearby communities.

Sometimes described as the country’s lungs, peatlands are a vital resource which can store carbon, reduce flood risk, improve water quality, and support rare wildlife such as the golden plover and curlews. They are also some of our richest habitats for dragonflies with 25 of the UK’s 38 species found on upland peatbogs.

However, 80% of England’s peatlands are currently degraded. Burning on peatland increases heather growth, which dries out the peatland, causing it to actually emit rather than store carbon.

Burning of vegetation including heather on this scale causes the release of harmful smoke into the air, impacting air quality across communities. This includes harmful air pollutants for human health, including ones strongly associated with strokes, cardiovascular disease, asthma and some lung cancers.

Nature Minister Mary Creagh said:

Our peatlands are this country’s Amazon Rainforest – home to our most precious wildlife, storing carbon and reducing flooding risk.

The UK has 13% of the world’s blanket bog. A rare global habitat, it is a precious part of our national heritage, and that is why we‘re announcing a consultation on these measures to ensure deep peat is better protected.

These changes will benefit communities by improving air and water quality, and protect homes and businesses from flood damage, which supports economic stability and security under our Plan for Change. 

If implemented, these changes will increase the area currently protected from 222,000 to more than 368,000 hectares of England’s total 677,250 hectares of deep peat, meaning an area equivalent to the size of Greater London, Greater Manchester and West Midlands put together will now be better protected.

The definition of deep peat will be revised, so that deep peat is counted as anything over 30cms rather than 40cms. The entire area of upland deep peat that is potentially subject to burning will be protected.

This approach is being supported by evidence provided by Natural England. Any prescribed burning would need to be done under strict licence, issued where there is a clear need, for example to reduce wildfire risk.  

The consultation will run for eight weeks from today and the public and land managers are urged to have their say. The Government is proposing to refine the existing licencing system whereby applicants need to successfully explain why alternative methods have not or would not work and show how they intend to move the land away from the need to burn in future in order to receive a licence. One of the grounds to apply for a licence to burn will be to reduce the risk of wildfire, so we can balance environmental protection with practical land management. 

The supporting evidence has also been published today. Natural England published a comprehensive updated Evidence Review on ‘The effects of managed burning on upland peatland biodiversity, carbon and water’, along with a Definition of Favourable Conservation Status for Blanket bog, which sets out its view on favourable conservation status for Blanket bog in England.
The England Peat Map, a detailed, open-access map of England’s peatlands, covering extent, depth, and condition, is being developed by Natural England and will be published later in the spring. 

ENDS

UPDATE 8 September 2025: Comprehensive evidence review on effects of grouse moor burning on biodiversity, carbon & water – a report the shooting industry doesn’t seem keen to promote (here)