The Heather and Grass etc. Burning (England) Regulations 2007

Provisions as to issuing or refusal of licences

7.—(1) A person may apply to Natural England for a licence permitting him to burn specified vegetation outside the burning season or in a manner otherwise prohibited by regulation 6(1).

(2) Any application must be made in a manner specified by Natural England and must be made not less than 28 days before the date (or the first date if more than one) on which the applicant proposes to burn, and—

(a) in the case of a burn (or burns) intended to take place during a burning season, not before the end of the preceding burning season; or

(b) in the case of a burn (or burns) intended to take place outside a burning season, not more than 56 days before the date (or the last date if more than one) on which the applicant proposes to burn.

(3) Natural England may grant a licence only if it is satisfied that the proposed burning is—

(a) in the case of railway land, necessary or expedient for good maintenance of the land or for the purpose of pest control; or

(b) in the case of all other land, necessary or expedient for—

(i) the conservation, enhancement or management of the natural environment for the benefit of present and future generations; or

(ii) the safety of any person.

(4) If Natural England proposes—

(a) not to issue a licence under paragraph (3);

(b) to issue a licence in respect of only part of the land to which the application relates; or

(c) to issue a licence subject to any conditions,

it shall notify the applicant in writing of its proposed decision and of the reasons for it.