Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, with reference to policy 62 of the Calderdale Flood Action Plan, published in October 2016, for what reasons the Environment Agency will progressively review existing burning consents with regard to moorland in Calderdale.

The Calderdale Flood Action Plan is a partnership plan and Natural England has the lead responsibility for policy 62.

Natural England has a duty under the Habitat Regulations to review any consents/permissions which were issued prior to designation as a European Site. Previously there was discretion as to whether the activities covered by the consents could be tackled through incentives and/or advice rather than formally affirming, modifying or revoking the consent. This discretionary aspect has been removed and under the 2012 amendment of the Habitats Regulations 2010 (Section 23) Natural England now has the legal duty to affirm, modify or revoke any consents issued on European sites, as soon as reasonably practicable.

As part of an England-wide strategy to restore blanket bog to Favourable Conservation Status, Natural England is currently reviewing all consents on blanket bog in line with the duty above (including those which permit burning) and working with landowners to put in place sustainable management and use of these sensitive areas. This will include completing the necessary programme of capital works such as grip-blocking to restore the natural hydrology of the bog and seeding/planting of peat-forming species such as cotton grasses and sphagnum mosses.