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Walshaw Moor

Breeding-plumaged golden plover

Image: Nigel Blake

Walshaw Moor lies north of Hebden Bridge and west of Haworth in West Yorkshire and is part of the South Pennine Moors and its distinctive landscape. The site is an example of an important area of blanket bog - a globally rare and threatened habitat comprising delicate mosses, and which form the blanket of peat that supports scarce breeding wading birds such as dunlin and golden plover. Blanket bog is found in only a few parts of the world and the UK has a special responsibility at a national, EU and global level to restore and conserve it. The blanket bogs and dwarf shrub heath and some of their associated species of the South Pennine Moors are protected by the highest European environmental designations under the Habitats Directive and Birds Directive.

Land management practices on Walshaw and Lancashire Moors carried out by the Walshaw Moor Estate Limited caused Natural England to raise serious concerns in recent years. In 2010, in response to concerns about the way the protected habitats and species on the site were being managed, Natural England took steps to review the historic consents that underpinned the Estate’s management regime. The Estate challenged this action and a public inquiry (January and February 2012) was called to resolve the dispute: we submitted evidence to the inquiry.  Around the same time, Natural England sought to prosecute the Estate over 43 grounds of alleged damage to the European and national protected areas. 

However, in March 2012, Natural England abruptly dropped its proceedings against the Estate. This resulted in the Public Inquiry being cancelled and the prosecutions dropped. 

Since its announcement in March, we have asked Natural England for clarification of the reasons behind their decision. Having assessed Natural England’s explanation and information, we consider its decisions were in breach of the requirements of the European Habitats Directive and Birds Directive to protect the South Pennine Moors. For this reason, we have submitted a formal complaint to the European Commission to seek to get the decisions overturned and appropriate conservation management put in place that will enable the blanket bog habitats (and the wildlife that depends on them) to be restored to and then maintained in favourable condition (when all the protected habitats and species are in a healthy condition and thriving).

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The South Pennine Moors are a special place – they are home to an amazing array of upland wildlife which depends on the subtle mix of landscapes that ecologists define as blanket bog, wet heath and dry heath. The healthy blanket bog provides the right conditions to support delicate Sphagnum mosses, cotton-grasses and sundews, and a diverse range of breeding birds, including breeding dunlin and golden plover.

These habitats and species have been given special protection in the South Pennines under European and UK wildlife legislation. They have been designated as a Special Protection Area (SPA) under the European Birds Directive, a Special Area of Conservation (SAC) under the European Habitats Directive, and as a Site of Special Scientific Interest (SSSI). All of these designations are intended to ensure the habitats and species are restored and maintained in a favourable condition, now and in to the future. 

We are deeply concerned about the events surrounding Walshaw, both directly on the conservation status of the site in its own right, and for the worrying example it sets for the standard of regulation and site protection in the UK's uplands. This case has set a damaging precedent for the protection and management of internationally important upland sites, and raises grave concerns regarding the position of Natural England as an independent regulator and as one of the ‘competent authorities’ in England charged with delivery of the Birds and Habitats Directive.

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The Walshaw Moor Estate Limited owns and manages Walshaw and Lancashire Moors for grouse shooting and has over recent years introduced management changes to significantly increase the number of grouse that can be shot each year.

Until March this year, Natural England was taking action to secure appropriate conservation management that would ensure the delicate blanket bog habitats found on the Estate were protected and restored to favourable condition. These actions included:

  • Prosecuting the Estate on 43 grounds of alleged unconsented damage to the European and national protected areas in order to secure their restoration;

  • Modifying historic consents with the aim of securing more appropriate management to protect and restore the blanket bog habitats and the wildlife that depends on them, in particular by regulating the extent to which the blanket bog habitats are burnt to provide habitat for red grouse.

On 9 March 2012, Natural England suddenly announced it had reached a settlement with the Estate relating to the type and level of management of the Estate’s land in the South Pennine Moors. Natural England and the Estate agreed to halt all legal actions against each other, including Natural England dropping its prosecution. Having been following these issues for several years, we were very surprised and concerned at this turn of events and sought immediate clarification from Natural England on the reasons for its dramatic change in approach. This clarification confirmed that Natural England had granted the Estate a new consent on 1 March 2012 that sets out how the Estate can manage its land in the SAC and SPA. Natural England decided that the Estate’s proposed management measures would cause no harm to the habitats and species protected by the SAC and SPA.

However, these measures included:

  • Maintaining existing infrastructure, including some that was the subject of prosecution by Natural England in order to secure restoration of damage to the SAC and SPA;

  • Allowing burning of blanket bog that it had previously been seeking to halt. This includes burning of degraded blanket bog that would prevent it being restored to favourable condition.

We have considered Natural England’s justification for granting this new consent carefully. We consider it flawed and that it breaches the Habitats and Birds Directives’ protection for SACs and SPAs. Rather than protecting the blanket bog habitats and the wildlife that depends on them, we consider that Natural England’s decisions result in harm and prevent restoration of the SAC/SPA to favourable condition.

Submitting this complaint is the only route left open to us to achieve the following objectives:

  • Overturning those decisions;

  • Making good the damage to the South Pennine Moors SAC and SPA; and

  • Putting in place appropriate conservation management that will enable the blanket bog habitats (and the wildlife that depends on them) to be restored to and then maintained in favourable condition.

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March 2010

Natural England issue a notice seeking to modify the Estate’s management consent for the SSSI, in particular the way managed burning is used on blanket bog, wet heath and dry heath habitats.

December 2010

The Walshaw Moor Estate Limited appeal against Natural England’s modification of their management consent for the SSSI.

April 2011

A public inquiry to hear the Estate’s appeal is announced by the Department for Environment, Food and Rural Affairs. Invitations to express views are sent out. We submit our concerns.

September 2011

The Planning Inspectorate sets out the timetable for the public inquiry. We submit a written representation supporting Natural England’s actions, concluding that burning should not be permitted on any parts of the SSSI comprising blanket bog. We also concluded that ensuring the blanket bog was in favourable condition was the best solution for breeding dunlin and golden plover, birds for which the SPA was designated.

December 2011

Natural England issue a further notice to modify the Estate’s consent – this time seeking to ban all burning on blanket bog. This followed their “concerns that damaging activities [had] intensified over the last year and that the restrictions imposed [in March 2010] did not fully address the level of damage being caused.”

Jan-Feb 2012

The public inquiry is held. Natural England and the Estate present their respective cases to the independent Inspector. The inquiry is scheduled to close at the end of March 2012 and the Inspector report to the Secretary of State for her decision.

9 March 2012

Natural England and the Estate suddenly announce they have reached a settlement regarding management activities on the Moor and resolved their dispute on such matters. We write immediately to Natural England requesting clarification on the settlement and requesting relevant information.

23 March 2012

Natural England issues a further statement and publishes the new consent it has issued to the Estate.

April-September 2012

We seek further information from Natural England. Among other things, the information provided confirms Natural England has dropped its prosecution of the Estate. The prosecution had covered 43 separate grounds and Natural England had considered it necessary due to the scale of the damage, the sheer number of breaches and that a successful prosecution would allow Natural England to secure restoration orders from the court to ensure that the significant damage could be restored.

15 October 2012

Having considered all the information, we consider that Natural England’s decisions were in breach of the requirements of the Habitats Directive and Birds Directive to protect the special wildlife of the South Pennine Moors. We submit a formal complaint to the European Commission.

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