Establishing Natural England’s Consent to Burn on SSSI Units

If you are applying to Defra for a license to burn on a SSSI you will need consent from Natural England first.

I don’t already have consent, what should I do?

If you don’t already have that, you can apply to Natural England using this form.

I think I already have consent.

Great you can apply to Defra straight away if you already have consent. Be aware Defra will review that the consent is based upon scientific reasoning alone and must be in line with Natural England’s section 28G duty to conserve and enhance all the features of special interest of an SSSI (Wildlife and Countryside Act 1981).

What if my HLS agreement has consent to burn, can I use that?

Yes. Those with existing HLS agreements that involve burning as part of the moorland management plan should apply straight to Defra. Please note that if you send an application to Natural England in these circumstances it will ask you to withdraw it. Save your time.

Okay, I don’t have an existing consent – tell me in English what this is all about

When Natural England makes decisions about whether to grant or refuse consent for activities on Sites of Special Scientific Interest (SSSIs), it must act in line with specific legal duties and scientific standards. Two key principles which are as follows:

1) Scientific reasoning - what is this?

Consent decisions must be based solely on scientific reasoning. This means NE must rely only on objective, evidence-based assessments, such as ecological surveys, species data, or hydrological information, when deciding whether an activity would harm or benefit the special features of an SSSI. NE cannot consider social, political, or economic factors such as employment, local opinion or tradition in its decision-making.

2) Section 28G duty – what is this?

Under Section 28G of the Wildlife and Countryside Act 1981, all public bodies, including NE, have a statutory duty to 'take reasonable steps, consistent with the proper exercise of their functions, to further the conservation and enhancement of the features by reason of which the site is of special scientific interest.'

This means NE must act positively to conserve and enhance all SSSI features, not simply avoid damage. Every consent decision must therefore contribute to, or at least not undermine, this duty.

Okay what are the SSSI features?

Each SSSI is designated for specific 'features of special interest,' such as habitats (eg. blanket bog, calcareous grassland), species populations (eg. breeding merlin, rare plants), or geological formations. NE’s duty covers all of these features, so a consent that benefits one but harms another may still breach the duty unless it is scientifically justified.

In summary, Natural England must make SSSI consent decisions using only scientific evidence and must ensure those decisions align with its legal duty under Section 28G - to conserve and enhance all the features of special scientific interest on each site.

How do I find a list of features on my SSSI?

The official list of 'features of special interest' for any SSSI can be found through Natural England’s designated site records. These sources outline the reasons for designation, the habitats and species protected and guidance for their management.

Every SSSI has a formal citation document issued by Natural England. This citation lists the site’s name, location, habitat types, and the specific features of special scientific interest (eg. dry heath, blanket bog, breeding bird populations).

You can access SSSI citations via Natural England’s Designated Sites View website.

Steps to access the features list are shown below. In our example we have used Arkengarthdale, Gunnerside and Reeth Moors SSSI:

1. Go to the Designated Sites View website.

2. Search for the SSSI by name, postcode, or map.

3. Click on 'View Details' to open page.

4. Click 'View Citation' to download the PDF.

5. Review any other information on the page for additional context.

Please note: Natural England also maintains internal databases containing detailed monitoring data on each feature and sub-unit, often linked to Common Standards Monitoring categories. While not fully public, the summaries available through the Designated Sites View (see above) provide the same key information.

I can also see Views About Management (VAM) documents, what are they?

These documents, also available on the same website, provide Natural England’s advice on how each feature should be managed to maintain or enhance its condition. Although not legal instruments, they are important for understanding how the Section 28G duty is applied in practice.

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