New Restrictions on Heather Burning - What You Need to Know

Andrew Gilruth
Sep 10
3 min read

Updated: Sep 11

Defra has now confirmed the next stage of restrictions on burning vegetation on England’s upland peat (you can download the letter they sent us here). These changes affect moorland areas where both of the following apply:

the peat is deeper than 30cm and
the land lies within a designated Less Favoured Area (LFA). See how to check if a burn area is within an LFA here.

Background

In 2021, Defra introduced restrictions on burning if the peat was over 40cm deep and if the land was also a protected site. These restrictions are being extended by Statutory Instrument (which was laid in Westminster yesterday) and comes into force on 30th September 2025.

The New Licensing Rules

From 30th September, land managers will require a licence from Defra to carry out controlled burns of heather, bracken, gorse, bilberry and similar vegetation where peat is deeper than 30cm and the land is within an LFA.

Applications must be made through Defra’s new online form (please note that Defra has said the application process will only become available on 30th September).
If the land is designated as a Site of Special Scientific Interest (SSSI), you will also need consent from Natural England. We are seeking urgent clarification on this point because, for example, Natural England has no role in advising the government on fire safety.
We welcome recognition from Defra that it will still issue a burning licence, even if the burn may cause damage, if the government’s statutory duty takes precedence over the potential harm. We are seeking urgent clarification on how this judgment will be made in practice.
We also welcome news that Defra will provide templated wildfire management and restoration plans by (it has said these will be available by 30th September).

Timing

Defra requires licence applications to be submitted at least 12 weeks before the intended burn.
Since the online form we must all use is not available until 30 September, the earliest a licence could be granted would be the end of December.

What This Means for Members

Controlled burning on peat deeper than 30cm within LFAs will only be permitted under licence after 30th September 2025.
Evidence and management plans will be essential to secure approval, particularly for wildfire prevention, habitat restoration or safety reasons. We are seeking urgent clarification on what level of evidence is required for a positive determination.
The Moorland Association is committed to supporting all members make their submissions. We will shortly announce a programme of MA workshops on how to complete applications.

Next Steps for Members

Review your landholdings to identify areas where both conditions apply (peat deeper than 30cm and within an LFA).
Begin compiling mapping, management evidence and restoration or wildfire plans to support future applications.
Keep an eye out for Defra’s template plans once published.

👉 See here for the official Defra guidance

Member Update Call

To support members through these changes, we are hosting a Zoom call on Tuesday 16th September at 6pm. You can register to attend here. During the meeting we will: