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Campaigning for nature
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 over thousands of years 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 practices. 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 attempted to take steps to halt the burning of blanket bog on the Walshaw Moor estate and also began a prosecution against alleged damage. Their action was designed to restore Walshaw Moor and included 45 grounds of alleged damage to the European and national protected areas.
However, in March 2012, Natural England announced it had dropped all legal actions against the Estate. Following this announcement, we asked Natural England for clarification of the reasons behind its decision.
Having assessed Natural England’s explanation and information, we considered 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 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).
Since then, the UK Government has responded to the European Commission’s questions relating to our Complaint. The RSPB has considered these responses but do not think they sufficiently address the RSPB’s Complaint.
The RSPB gathered further evidence to better understand the UK’s answers in respect of the management of blanket bog on other upland sites in England that are protected under the Habitats Directive and Birds Directive and has provided this information to the Commission.
The RSPB is not sure whether Walshaw represents a particularly intensive example or if it is typical of the historic agreements and consents from Natural England for burning of blanket bog habitat that appear to be routine on grouse moors in English blanket bog SACs. Despite a presumption against burning on these sensitive habitats in the Government’s own Code of Practice, it appears to have become the norm on grouse moors in England. This information and our analysis of it are set out in the Summary of our response to the European Commission that can be found in the “Our Position” section of this web page.
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 habitats that ecologists define as blanket bog, wet heath and dry heath. Healthy blanket bog is home to 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 maintained in, and where necessary restored to, a favourable condition, now and in to the future.
We are deeply concerned about the events surrounding Walshaw, and its impacts on the conservation status of the protected sites. In addition our analysis of the further information gathered has revealed that there are many other SSSIs, SACs and SPAs in England where burning of blanket bog has been consented and is being supported by agri-environment money, meaning the protection and management of these other important upland sites are of concern.
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The Walshaw Moor Estate Limited owns and manages Walshaw and Lancashire Moors for commercial grouse shooting and over recent years has introduced management changes to increase the number of grouse that can be shot each year.
Until March 2012, 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:
On 9 March 2012, Natural England 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. 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 as to its reasons. 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:
We considered Natural England’s justification for granting this new consent carefully and decided to submit a formal complaint to the European Commission as we considered that Natural England’s decision was in breach of the requirements of the Habitats and Birds Directives’ protection for SACs and SPAs.
Since submitting the Complaint, we have analysed additional information formally obtained from Natural England regarding the implications of its decisions for Walshaw Moor. Further detail can be found in the Summary available in the Downloads section on this page, but among other things, this analysis revealed:
Therefore, pursuing our Complaint is the only route left open to us to achieve the following objectives:
Blanket bog is a climax habitat (which means that it is not in a natural transition to other habitats) that should not be burned or drained if it is to be maintained and/or restored to good health as a wildlife habitat. If in good health it also provides benefits to society through, for example, carbon storage and improved water quality. These ancient habitats have been laying down peat (in effect storing carbon) for millennia. The carbon storage benefits are well known and have been highlighted in detail, for example by Natural England in 2010 and summarised in 2013 by the Adaptation Sub-Committee of the Government’s Committee on Climate Change (see chapter 4 of its report here).
The RSPB noted the answers to the European Commission from the UK relating to the extent of burning of blanket bog habitat across the English blanket bog SAC site network and the extent of agri-environment funding for this activity (see answers to questions 2 and 5 in the UK’s response to the European Commission here).
The UK confirmed in its answers to the Commission that the only places where burning of SAC blanket bog habitat is permitted in England is on grouse moors and that there are “some” of these existing agreements in which agri-environment money supports that activity.
So, the RSPB gathered further evidence from Natural England to better understand those answers in respect of the management of blanket bog on other upland SACs and SPAs in England. That information and our analysis of it reveals a widespread problem in respect of the burning of protected blanket bog habitat on grouse moors in England. More detail is provided in the Summary in the Downloads section, but we confirmed that:
The UK Government committed to the European Commission to review these consents and HLS agreements once Natural England had concluded its Upland Evidence Review. That Evidence Review is now concluded and supports the RSPB’s position (and NE’s original position) that the restoration and maintenance of blanket bog habitats is incompatible with its continued burning.
Burning our best wildlife sites where the evidence is clear that they will be damaged should stop. We are calling on landowners and managers in the English uplands to join us in working to restore these special places. Natural England has a key role to play as they need to ensure they put in place the right operational systems so that existing agreements can be monitored and that future agreements deliver the best outcome for England’s upland peatlands.
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.
The Walshaw Moor Estate Limited appeal against Natural England’s modification of their management consent for the SSSI.
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.
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.
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.”
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.
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.
Natural England issues a further statement and publishes the new consent it has issued to the Estate.
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.
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.
The European Commission sends a copy of the RSPB’s Complaint to the UK Government and asks for its response to the Complaint as well as to a series of questions.
The UK Government replies to the European Commission’s questions, but does not respond to the RSPB’s Complaint directly.
The RSPB receives a copy of the UK Government’s response to the European Commission.
The RSPB requests information from Natural England to better understand the UK Government’s response to the European Commission.
Natural England publish a suite of Upland Evidence Reviews, including a review on “The effects of managed burning on upland peatland biodiversity, carbon and water”.
The RSPB submits its commentary on the UK response to the European Commission.
Natural England intends to produce revised guidance (including on the restoration of blanket bog and the effects of managed burning on peatlands) for land managers.