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Guidance: how to apply for a licence to burn on deep peat within a protected site

Updated 3 October 2023

Applies to England

You need a licence to burn heather, rough grass and other vegetation (including bracken, gorse or Vaccinium species such as bilberries) which is both:

• on ‘deep peat’ – peat that is deeper than 40cm (sometimes called ‘blanket bog’)
• on a protected site – land within a site of special scientific interest (SSSI), and either a special area of conservation (SAC) or a special protection area (SPA)

To see if you need to apply for this or any other licence read the guidance on heather and grass burning rules and when you need a licence.

You may need to apply for a minor temporary adjustment from the Rural Payments Agency before you are able to carry out your burns if you have either:

• a Countryside Stewardship agreement
• an Environmental Stewardship Agreement

1. Eligibility

To be eligible for a licence you must have:

• a valid SSSI consent for the land, which allows burning of heather, grass and other vegetation on deep peat at the location named in the application
• rights or permission to burn on the land - this may be stated in a tenancy agreement or in customary rights on common land
• the agreement of any other parties who have rights to burn or a valid SSSI consent on the same land
• the agreement of the landowner if you are burning on shared or common grazing land

You can apply to Natural England for a SSSI consent if you do not already have this.

You can only apply for one licence for each ‘landholding’. This means the whole area of land that is managed.

If you want to change the terms of your licence, you’ll need to apply for a new licence and your existing licence will be cancelled.

The Secretary of State will only issue a licence if the burn will not harm the integrity of the protected site. They may only make an exception if there is an overriding public need.

2. Evidence you need to provide

You must include the following with your application:

• a copy of your valid SSSI consent, which should include the name of the consent holder, the activities it permits and the land that it refers to
• a map of the land which shows the boundaries of the landholding
• an 8-figure Ordnance Survey (OS) grid reference of each burn location
• information about an agri-environment scheme or any other agreements on the landholding
• proof that you have the agreement of any other parties who have rights to burn or a valid SSSI consent on the same land
• information about any training, qualifications or work experience that shows you can burn safely
• evidence that your proposals will not damage the protected deep peat habitat

If your application is part of a formal academic research project you need to provide:

• details of your research proposal
• name of the funding body
• details of why burning is the only way you can meet your research objectives
• details of which of the reasons for burning apply

3. Reasons for burning

You’ll need to show that you’re applying to burn for one or more of the following reasons:

1. to conserve, enhance or manage the natural environment
2. for the safety of people
3. to reduce the risk of wildfire
4. because the land is inaccessible to mechanical cutting equipment, and other methods are impractical

The supporting information you’ll need to provide depends on why you’re applying.

3.1 If you’re applying to conserve, enhance or manage the natural environment

You must submit a blanket bog restoration plan or other relevant restoration plan that includes:

• a map of the area
• the condition of the blanket bog
• details of how you have addressed any issues there are with restoring the habitat
• details about any plans to restore the blanket bog habitat

Any restoration plan should have been written or revised after 1 May 2021.

If you have a higher-level stewardship moorland management plan or Countryside Stewardship Scheme restoration plan it is unlikely to meet the requirements for applying for a licence.

3.2 If you’re applying for the safety of people

You need to provide evidence that there is a risk to the safety of people in the area. You need to set out:

• a description of the specific situation and circumstances which would be a risk to people
• reasons why burning would make the land safer

3.3 If you’re applying to reduce the risk of wildfire

You need to submit a wildfire management plan. The plan must:

• cover the whole landholding, not just the deep peat area
• explain why the burning is necessary and will be effective to reduce the risk of wildfire
• show what else is being done across the land to reduce the risk of wildfire and build natural resilience of the deep peat habitat
• detail high risk ignition points, such as picnic spots, car parks and laybys, and show what is being done to reduce the risk of fire starting in these areas
• identify planned areas for burning on deep peat, including information about vegetation type and structure and the dimensions of the burn area
• show that you’ve considered alternative solutions to burning and why they are not suitable
• describe how you plan to manage the burn area in the future so that burning does not have to be repeated

Read the Uplands Management Group guidance on Wildfire Risk Assessment and Management Planning.

3.4 If you’re applying because the land is inaccessible to mechanical cutting equipment

It is unlikely a licence will be issued if this is the only reason for burning.

You must show that any other method of land management is impractical. You’ll need to:

• explain what the purpose of your land management is and how it will restore the condition of the blanket bog habitat
• explain why the area cannot be accessed by mechanical cutting equipment
• explain why burning is the only way to meet the land management purpose
• show evidence of any other options you’ve considered and why they will not meet the land management purpose
• describe the ground conditions of the burn area and how steep any slopes are

4. Providing details of each individual burn

When you apply you will need to provide information about each burn you will carry out under the licence. This includes details of:

• the reason for the burn
• when the burn is going to take place
• the location of the burn
• the size of the burn area
• what makes the area a protected site
• the plants and vegetation at the burn site

You can include details of 3 burns on the licence application form. If you plan to carry out more burns you should submit details of these using the continuation sheet for additional burns.

5. When to apply

You will usually get a decision on your application within 8 to 12 weeks. If it will take longer Defra will contact you.

You should submit your application as soon as possible to help ensure you get your licence ahead of your intended burn dates.

6. How to apply

You can either:

• complete and email the licence application form to heatherandgrassburning@defra.gov.uk
• apply online using the MeritNatureCheck app

To use the MeritNatureCheck app you will need to register. You will then need to purchase the ‘Sightings & Pest Management’ plan by selecting ‘Organisation/Team’ and then ‘Upgrade’. You can then start your application in the ‘My licences’ section.

7. Get help

If you have any questions about applying for a licence email the Peatland Protection Team at heatherandgrassburning@defra.gov.uk.