Wildfire CROW Access Restrictions: Latest Update

Quick summary

• Natural England confirms members may seek an outline fire-prevention direction before the Fire Severity Index reaches level 5.

• Activation, however, still requires FSI level 5, which the MA is challenging as an absolute threshold.

• Promised Nidderdale maps and Relevant Authority Guidance were never received, leaving coverage gaps unclear.

• The MA has asked Natural England and Defra for a national review and workable escalation process.

The Moorland Association has previously highlighted the difficulties owners and managers can face when seeking temporary restrictions on CROW access land during periods of serious wildfire danger.

Following requests from members, we published practical guidance explaining the current legal framework, how to identify the relevant authority and how to seek a fire-prevention direction under Section 25 of the Countryside and Rights of Way Act 2000. That guidance remains the practical starting point for members concerned about conditions on their land.

This update covers our subsequent correspondence with Natural England and explains why the MA is now seeking a wider national review involving Defra and all relevant authorities.

How the issue arose

The correspondence began after members in Nidderdale sought urgent clarification about when temporary fire-prevention restrictions could be introduced and how requests should be handled.

The MA raised the matter formally with Natural England because the initial advice appeared to suggest that an application could not be considered until the Fire Severity Index (FSI) had already reached level 5. Our earlier update explained why that distinction matters and encouraged members experiencing similar problems to report them to the Association.

Natural England’s Chief Executive, Marian Spain, has now responded.

What Natural England has confirmed

Natural England has confirmed that:

• a person with a legal interest in land may contact the relevant authority before the FSI reaches level 5

• an urgent case can be escalated through Natural England’s Open Access Contact Centre

• an outline direction can be approved verbally, with the paperwork following

• owners and managers can therefore seek to have the necessary arrangements prepared before the activation threshold is reached

This is useful operational clarification. Members should not assume that there is no point contacting the relevant authority before the FSI reaches level 5. An outline direction prepares the necessary legal mechanism in advance. Under Natural England’s current approach, it does not itself restrict access until the FSI reaches level 5.

However, Natural England maintains that a fire-prevention restriction cannot be activated until the FSI reaches level 5. Its response also says that cases are allocated to officers according to capacity and that the time required to determine an urgent case will depend upon the resources available.

Why the MA remains concerned

Natural England has stated that it can “only lawfully” activate a restriction when FSI level 5 has been reached.

The MA has asked Natural England to explain the legal basis for treating this as an absolute threshold. The statutory test in Section 25 refers both to exceptional weather conditions and to an exceptional change in the condition of the land.

The Met Office’s FSI is important evidence of potential fire severity, but it does not predict when or where a wildfire will start. It does not, by itself, assess matters such as:

• exceptionally dry vegetation, peat or other fuels

• local ignition pressure and visitor activity

• recent fires and known ignition points

• vulnerable homes, infrastructure or protected habitats

• access for firefighting vehicles

• whether Fire and Rescue Service crews and equipment are already committed elsewhere

The MA is not arguing that statutory guidance should simply be disregarded or that every request for a restriction should be granted. We are asking Natural England to explain whether local evidence can influence a decision and how its categorical interpretation is reconciled with the statutory wording and the wider Government guidance governing individual cases.

Missing maps and guidance

Natural England’s response stated that maps showing those parts of the Nidderdale National Landscape already covered by outline fire-prevention directions were attached. It also referred to an attached extract from the Relevant Authority Guidance (RAG) on which its legal and operational position relies.

Neither the maps nor any separate RAG material was received by the MA. This is more than a minor administrative omission. Without the maps, affected owners and managers cannot readily establish:

• whether their land is already covered by an outline direction

• whether the direction covers the whole holding

• whether there are gaps in coverage

• whether a new application is required

The complete current version of the RAG does not appear to be readily accessible through Natural England’s present online pages.

What the MA has requested

The MA has now written again to Natural England, copying Defra, seeking four practical outcomes.

1) Missing information: We have asked for the missing Nidderdale maps and the complete guidance material on which Natural England relies.

2) A workable national process: We have asked for an interim national escalation protocol, followed by a clear permanent process, a named national operational lead and practical published guidance for owners and managers. This should explain how to check whether land is covered, what evidence and mapping should be supplied, how urgent requests will be escalated and whom to contact outside normal working hours.

3) An audit and public register: We have requested an urgent national audit of existing outline directions. This should identify gaps in coverage, confirm whether old directions remain valid and lead to affected owners and managers being notified. Natural England should also publish and maintain an accessible national map or register.

4) A national review: We have asked Natural England to invite Defra to establish a national review of the FSI, the Relevant Authority Guidance and the arrangements operated by all relevant authorities.

The review should involve Natural England, National Park authorities, the Forestry Commission, the Met Office, Fire and Rescue Services, the Moorland Association, affected owners and managers, and practitioners with direct wildfire experience.

Why this is now a national issue

Although the original concern arose in Nidderdale, Natural England’s response shows that the underlying arrangements are national.

Natural England says that it applies the same RAG and FSI level 5 activation threshold across the CROW access land for which it is the relevant authority. National Park authorities are responsible within National Parks, while the Forestry Commission is responsible for dedicated woodland.

A workable system therefore requires consistency and coordination between all relevant authorities. Nidderdale should be treated as the case that exposed a potentially wider weakness, not as the limit of the concern.

What members should do now

The MA’s existing guidance note remains the practical starting point.

Members should not wait until FSI level 5 before seeking advice or asking for an outline direction to be prepared. Where Natural England is the relevant authority, contact its Open Access Contact Centre at open.access@naturalengland.org.uk or 0300 060 2091.

For land inside a National Park, contact the National Park Authority. For dedicated woodland, the Forestry Commission is the relevant authority; the MA guidance explains how to identify the correct contact.

An urgent approach should include, as far as possible:

• the name and location of the land

• the applicant’s legal interest

• a clear map and grid references

• photographs and details of current ground conditions

• recent fire incidents or known ignition risks

• relevant visitor and wind conditions

• any Fire and Rescue Service advice

• the period and area for which a restriction is sought

Members should ask for an acknowledgement, a case reference and the name of the officer handling the request. Do not delay making an urgent initial approach because every item of supporting information is not yet available.

Members should also remember that a section 25 restriction affects the CROW right of access. It does not automatically close public footpaths, bridleways or other highways crossing the land; separate action by the highway authority may be required.

Please copy the MA at info@moorlandassociation.org and tell us:

• whether an outline direction already covers the land

• whether you have ever received a map or formal notification

• whether you have applied for a direction

• how quickly the relevant authority responded

• whether the request was approved, refused or left unresolved

Please also send copies of any relevant correspondence, maps or decisions where possible. This information will help us establish whether the problems identified are occurring elsewhere.

Next steps

The MA has asked Natural England to provide the missing documents and immediate operational clarification within five working days.

Given the national importance of these issues, we intend to publish the substantive correspondence after that period, allowing any missing attachments or immediate clarification supplied by Natural England to be included. The published record will be updated when further substantive responses are received.

The objective is not to restrict access unnecessarily. It is to ensure that, when wildfire danger becomes exceptional, owners, managers and public authorities have a clear, lawful and workable system capable of acting quickly enough to protect the public, firefighters, homes, businesses, infrastructure and nationally important habitats.