Committee publication · Correspondence · 1 July 2026

Letter from the Under Secretary of State for Nature relating to heather and grass burning regulations, 19 June 2026

From: Environmental Audit Committee

Summary

Under Secretary of State Mary Creagh responds to MP Toby Perkins's May inquiry about heather and grass burning regulations. The letter outlines the government's September 2025 amendments expanding peatland protections in England, detailing 1,861 consultation responses showing broad public support for stricter rules, lowered peat thresholds, and mandatory fire training. Legal challenges by the Moorland Association were rejected by courts.

Key findings

  • Government received 1,861 consultation responses on proposed regulatory changes, mostly from the public, with broad support for expanding protections to all upland peatlands in Less Favoured Areas.
  • Peat depth threshold was lowered from 40 centimetres to 30 centimetres; most respondents opposed burning due to climate change, biodiversity loss, and air/water quality concerns.
  • Regulatory amendments included mandatory fire training and improved licensing processes, with backing from consultation respondents.
  • Secondary Legislation Scrutiny Committee scrutinised the Regulations; Moorland Association's judicial review challenge was rejected by High Court on all four grounds, with Court of Appeal refusing permission to appeal.
  • Government continues engagement with Fire and Rescue Services and National Fire Chiefs Council on wildfire risk mitigation and licence applications.

Tone

Procedural

Topics

environmental-protectionpeatlandsburning-regulationswildfire-managementclimate-change

Key actors

Mary Creagh CBE MP, Toby Perkins MP, National Fire Chiefs Council, Moorland Association, Secondary Legislation Scrutiny Committee, Fire and Rescue Services

Notable line

… the Regulations have been sufficiently reviewed, and we will make refinements to the licence application process where we identify them as necessary.

Key Quotes

The responses demonstrated broad support for expanding protections to all upland peatlands in Less Favoured Areas and lowering the peat depth threshold from 40 centimetres to 30 centimetres.
Mary Creagh CBE MP · summarising consultation feedback on regulatory proposals
Most respondents opposed burning due to concerns about climate change, biodiversity loss, air and water quality.
Mary Creagh CBE MP · explaining the rationale behind consultation responses
… permission to proceed was refused on all four of their grounds of challenge, which were found to be unarguable
Mary Creagh CBE MP · describing the outcome of the Moorland Association's judicial review
View original document →

Source · parliament.uk record ↗