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.
This is a very welcome statement from the government today. It recognises the value of our precious peatlands for both nature and carbon, and it recognises the impacts that burning in our uplands has on communities. The “ban”, basically, will change the rules on where peat can be burned without a government licence. It will increase the peat area currently protected in England from 222,000 to more than 368,000 hectares.
There will be a public consultation on these proposals, which will run until 25 May. We urge as many people as possible to participate and share their views. To help, here’s a quick analysis of the proposals and what this means for Dartmoor.
On Dartmoor, burning is known as “swaling” – there’s an article here about this practice and its effects on nature and the environment. To be fair, there is relatively little burning on Dartrmoor’s peat compared to the grouse moors of northern England. Most swaling is done locally to manage gorse and scrub, and most of this is not on peat. However, it does still occur on peat, and I’ll give a fascinating example from this year at the end of this article.
Essentially, the proposals today will further tighten the rules, which is beneficial for Dartmoor.
The Changes
The current “rules” as described in the The Heather and Grass etc. Burning (England) Regulations 2021 state
a person must not burn specified vegetation on a designated site on peat that is of a depth of more than 40 centimetres, except under (and in accordance with) a licence issued by the Secretary of State under regulation 4.
Currently, there should be no burning of peat over 40cm in depth on a designated site, which is a Site of Special Scientific Interest (SSSI) and/or a European site (SAC/SPA), without special permission from Defra. The new proposals are to change the peat depth to 30cm and extend the area from SSSIs/SAC/SPAs to Less Favoured Areas (LFAs)
LFAs were first introduced by the EU in 1975 to describe areas where farming conditions are difficult – areas with poor soils, steep slopes, high altitudes, or harsh climates. This in turn has helped target financial support over the past few decades.
Changes On Dartmoor
The whole of Dartmoor, not surprisingly, is an LFA. Only parts of Dartmoor are designated as SSSIs. Therefore, the area where special consideration of peat is required is increased.
The 30cm depth also increases the area. Most of Dartmoor’s deepest peats (over 40cm) are already protected in SSSIs. These are the great central blanket bogs of the high moor. But not all – there are some deep peats outside the SSSIs, and crucially, there may well be much larger areas where the 30cm will bring extra protection.
The data we have on peat depth is variable in quality, but very soon, Natural England will be publishing much more detailed maps. What we have currently are maps that split peat into depths over 40cm depth, 10-40cm and peaty soils. But if we layer these on the SSSI boundaries, we see the following:
Immediately, we see that, potentially, more of the central areas of Dartmoor would be covered under the proposals. There is a significant amount of peat suggested at depths of10-40cm here, so some of this could fall under the new rules. But we also see that there are some areas of deep peat as well. Zooming in to that area around Merrivale – Princetown – Two Bridges – Postbridge, we see fairly large areas of deeper peat in the darker shade:
Likewise, in the Teignhead/Gidleigh Common area (including Fernworth Forest, parts of which are also on peat, but that’s another story).
The changes, therefore, will likely bring broader regulation of burning on Dartmoor’s peat, which is to be welcomed.
Licences
Under the current system, anyone wishing to burn on deep peat can apply for a licence. The legislation provides several reasons why permission would be granted, including to enhance the natural environment, reduce fire risk, or because vegetation is inaccessible to mechanical cutting.
In the new proposals, applicants must explain why alternative methods have not been effective or would not be effective, which is a reasonable requirement. Then, they need to demonstrate how they intend to reduce the need for burning in the future. The direction here is clear – burning on peat is simply not acceptable, and it’s great to see the Government being clear on this.
Of course, if these proposals become legislation, we will also need to see the statutory agencies, particularly the NE, given the necessary support and resources to enforce the law. And where prosecutions are successful, we need to see fines that are a proper deterrent. In 2023, the owners of a grouse shooting moor in the Peak District were fined just £1800 plus costs for illegal burning.
We should also be looking at what happens with respect to agri-environment schemes on land managed by those who break the law. For example, each parcel of land has a unique identifier that is the basis for subsidy payments. Where an illegal burn occurs, using the identifier, you could successively reduce payments for each offence on that land, culminating in the complete withdrawal of funding. The taxpayer, surely, should not be subsidising lawbreaking.
Burning on Deep Peat on Dartmoor
Prior to the mid 1990s, Dartmoor’s blanket bogs were routinely swaled, and this contributed to their erosion. However, recognising this, the first Environmentally Sensitive Area (ESA) schemes in the mid-1990s prohibited burning on Dartmoor’s blanket bogs. Any commoner wishing for financial support from the taxpayer was required to adhere to this rule. As a result of the retention of this rule in subsequent schemes, Dartmoor’s blanket bogs have largely been saved from burning for the last thirty years.
Unfortunately, however, it still happens.
This month, a camper on Dartmoor sent the local Right to Roam Campaign Group, The Stars are for Everyone, a photograph of a burn on Dartmoor. It was located on South Dartmoor, near the River Erme, at Erme Plains, on Penn and Stall Moor. The two burnt patches can be seen here:
We reviewed the data we had on the nature of this site and became curious when we found that it was located on blanket bog/wet heath within the boundaries of the Dartmoor SAC and South Dartmoor SSSI. Suspecting it was on deep peat, a few of us took the long walk up to the location. The areas of the two burns are 1.6ha and 3.3ha. Peat samples were taken across the site, and on both burns, we found numerous depths over 40cm, up to 67cm. The sphagnum moss was severely damaged (bleached) by the burn, which is the starting point for peat erosion (see video explanation here).
Being within the protected area and on deep peat, without a licence, this burn would not be permissible. We have submitted our data to Defra and have asked Natural England if consent was given for this burn.
Do the proposals go far enough?
While the proposals are very welcome, why is there a 30cm limit? Dartmoor’s wet heath is a key feature of protected areas, and by definition, wet heath is on peat under 30cm. It is a scarce habitat, and burning damages it just as it does blanket bog. Having established that peat is a precious resource, why not ban burning on peat of any depth and protect the whole resource?
It would also be good to ensure that the alternatives to burning are appropriate. Cutting is one such alternative, but we must ensure that cutting of vegetation on peatland habitats is justified in terms of the restoration and maintenance of nature. Or if necessary, it is part of an agreed-upon wildfire management plan, while also recognizing that the most effective way to reduce fire risk on peatlands is to restore and rewet the peat. Otherwise, rotational cutting could simply replace rotational burning as a land management technique that still does not have nature as its core aim.
Taking Action
Being aware of how the countryside is managed while out and about is important. In the case above, two “wild” campers noticed something unusual and asked about it. This is great. If you see what looks like ‘controlled’ burning on Dartmoor between October and March (the swaling season on Dartmoor), please check it against the regulations. If you suspect it may be illegal, you can submit the data to Defra via the RSPB Upland Burning app. Please also check what you are seeing against Dartmoor’s regulations.
Please also take part in the consultation on peat burning. All our voices can and do make a difference in this precious landscape.
For regular updates from the Dartmoor Nature Alliance, ask to be added to our mailing list by emailing us at info@dartmoornature.org.uk
