Last month we told you we were looking to challenge Dartmoor Commoners’ Council’s (DCC) lack of action when it comes to preventing overstocking of protected heathlands. We had quite a lot of response to this news from you – our supporters. Some of you said we'd got this completely right, and agreed with our stance. Some of you told us you felt it was unfair to pick on the commoners of Dartmoor, mostly because you think Natural England (NE) should be pulling their finger out when it comes to this topic.
We agree that NE could have been a lot more robust in this issue over recent (many) years, but we do also believe they have been trying. NE's general approach has been to try to establish Higher Level Stewardship agreements for large parts of the Dartmoor commons. We believe many of these agreements still allow damaging levels of grazing - and we know that this is what many staff at NE believe too. We do also think that NE should be considering using its regulatory powers to make things happen; to bring about the change that is needed.
But none of that lets DCC off the hook, because they have powers too. From where we’re standing it seems sort of like they’ve forgotten about them. Our legal challenge is here to remind them of the duties parliament have given them; duties that they should be meeting.
We still believe that overgrazing, particularly by sheep in winter, is the key issue that is holding back the recovery of Dartmoor's internationally important heathland habitats. This is particularly true on peripheral commons that comprise a significant proportion of its protected sites. We do recognise that the spread of Purple Moor Grass, especially on the central blanket bogs (which are also of international importance) is another key issue for Dartmoor. However, Wild Justice maintains that the control of overgrazing and the recovery of the heaths could be achieved if the Commoners Council used the statutory powers afforded to it by the Dartmoor Act.
In summary, we believe DCC haven’t fulfilled their legal obligations in the following ways:
Breach of the DCA 1985 - section 5(1)(a)(ii) and 4(1) – this is to do with DCC failing to ensure the commons aren’t overstocked, and failing to ‘have regard’ to the conservation and enhancement of Dartmoor’s natural beauty.
Breach of the Wildlife and Countryside Act 1981 (WCA 1981) – this is to do with DCC failing to consider furthering the conservation and enhancement of nature on SSSIs on Dartmoor.
Breach of Regulation 9(3) of the Habitats and Species Regulations 2017 (Habitats Regulations) – this is to do with DCC failing to avoid the deterioration of habitats and species in places where SACs exist.
DCC acting outside the DCA 1985 – this is to do with DCC seemingly having no consideration of their statutory duties (as per their minutes).
You can see the press release about our work on Dartmoor from our lawyers, Leigh Day, on our blog by clicking here. We'll probably be telling you even more about this quite soon.
This weekend:
We’re looking forward to seeing a number of you at the Wild Service in Action workshop this weekend. We’re teaming up with a group of different organisations working in the environment sector including River Action, Trash Free Trails, Lawyers for Nature, Access Friendly Farmers Network, and Right to Roam. Wild Justice will be delivering a workshop called: Raptor Persecution: what is it, how to spot it and what action to take when you do. We might update you on how it went afterwards!
That’s it for now!
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