Sites of Special Scientific Interest
Debate between Nigel Evans and Derek Thomas(7 months, 1 week ago)
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Derek Thomas
I thank the hon. Gentleman for his intervention, which I welcome. To be clear, the West Penwith moors SSSI was and is welcome; the problem is how Natural England has gone about it by including good farming land that risks the viability of farms without robust evidence of any real harm to the rough land, as we would describe the moorland. My experience from engaging with the Department is that it fully understands the concerns that I have raised; it is Natural England that seems to have ridden roughshod across farmers’ interests and their understanding of how to care for their natural environment. Everything has been determined by how Natural England officers would like it to be done.
Returning to water, the water supply on the farms is not just for livestock; as is often the case in rural areas such as mine where we are off grid, it is for the farmers’ homes and all the properties around them. At the moment, consent is being given for those farms to abstract water from the boreholes for a very limited time only.
I will give an example of the impact on a farm not far from where I live. I happen to live right on the edge of the moors, and it is the most beautiful part of the world; I would welcome a visit from the Minister, both to see West Penwith moors and to visit the farms and businesses impacted by the designation. This farm has two fields that have a mixture of acid pasture, ferns and heather, and grassland, which Natural England included in the SSSI with the rest of the farmland, which is already in Natural England’s higher level stewardship scheme.
The farmers objected to the inclusion of the two fields, as they were not part of the HLS scheme and were used as sacrifice ground for winter feeding of yearling Red Ruby Devon heifers that were out-wintered. Red Ruby Devons cope with the winters outside, as do many of the cattle we rear in west Cornwall, but they need supplementary food, such as bales of haylage in a trailer that is moved around every so often to avoid poaching. Visits by Natural England staff seemed to offer comfort, because of the 25 years of history that the farm has with the environmental sensitive area scheme and then the higher level stewardship scheme. Natural England acknowledged that the farm had been doing everything that the Department for Environment, Food and Rural Affairs and Natural England wanted, but as there was not a boundary between the rough land and the main grass pasture, all of it was in the SSSI and hence under restriction.
Natural England would only consider allowing the current winter grazing practice to continue if a fence, priced at £2,100, was erected to divide the two areas. What was the outcome? The farm decided not to squander hard-earned cash on a pointless fence, but to reduce stocking levels, as it will not be able to keep as many cattle out this winter. That leads to reduced cattle grazing on the moorland, making way for brambles and rhododendrons to invade. We have seen that already close to where I live. If hon. Members know anything about brambles and rhododendrons, they will know that, when an area is not grazed, it is extremely difficult to get rid of those invasive species—rhododendrons in particular. It will cost the state and the council enormous sums of money to clear them away.
Given the impact on this farm and many more besides, you will understand, Mr Deputy Speaker, why I stress that the science has to be right, and not just enough to get it through to become a SSSI. It needs to be right and done over a period of time to prove its efficacy. Natural England needs scientific rigour in its actions, but it has proved incapable of functioning to that level of detail. As I have said, its officers have not even tested the water, but have simply relied on a desktop survey.
I was disappointed after the hearing, as it was evident that the entire board, including the chair, demonstrated a failure to understand the landscape from both a historical and ecological perspective. More importantly, they failed to recognise that the existing designations and safeguards, which are already there to protect the very countryside I am talking about, offered an opportunity to pause the whole process in order to properly gather the evidence and scientific data that such a significant designation demands. That option was theirs for the taking, but they refused to take it.
I personally raised two queries affecting my constituents at the hearing and was promised a written response within weeks. Instead, the only time Natural England staff have made contact with me—that is, without my initiating the conversation—since the hearing was late last week, when they suggested that I might wish for an update. I can only conclude that that was triggered by my securing this debate. However, I know what is going on, because I have kept in close contact with Farm Cornwall, the National Farmers Union, the Country Land and Business Association and the farmers themselves. It is those hard-pressed independent organisations and farmers who have been communicating, not the publicly-funded quango whose job it is to do so.
The two issues which must be clarified are as follows. First, under the Wildlife and Countryside Act 1981 under which the designation took place, if Natural England amends or withdraws a consent, and in doing so causes a loss, it should compensate. I was told by several farmers that Natural England advised that consent would be given if the applicant amended the application to a five-year consent period. I am advised that should a time-limited consent expire and a new more restrictive consent be issued, that provision does not kick in, so any loss is not subject to compensation. It appears that Natural England may be deliberately using the five-year time limit to obviate its obligation to compensate for loss if further restrictions are deemed necessary. I pressed the chair of the board to clarify that that is not the case, and I received assurances that I would receive clarification.
The second issue is the removal of clean land—the pasture land that I referred to earlier—from the designation. Some landowners expended vast amounts of money and were successful in demonstrating that their clean land should not have been included—hundreds of acres were removed prior to the public hearing. That was not the case for landowners who did not have the wherewithal or funds to pursue such measures. I cannot see how any of us can be confident that the clean land that remains in the designation deserves to remain so. The conclusion has to be that landowners who did not challenge in that way, who find their clean land within the SSSI, and have the restrictions and requirements to secure consent that go with it, may have received a different outcome if they had, like others, spent tens of thousands of pounds.
I raised both concerns at the hearing. I was promised clarification, but, as far as I am aware, neither the landowners nor I have received it. I am not alone in believing that Natural England is unfit for purpose: it has no relationship with the land and no farmers on the board—all board members are political appointees—it makes no reference to socio economic reasoning, and it has no plan for the land or for positive management of the SSSI. What is more concerning to me and, I suspect, to the Minister, is the poor state of the nation’s SSSIs. Natural England’s own recent reporting states that only 37.1% of SSSIs are in a favourable condition.
However, we are where we are, and I want to move forward to mend some of these challenges. Prior to the confirmation of the SSSI, Cornwall Wildlife Trust, Farm Cornwall and I began to engage with landowners to rally support for a landscape recovery scheme. We met the Minister for Food, Farming and Fisheries, my right hon. Friend the Member for Sherwood (Mark Spencer), to propose it, and a small number of meetings have taken place to bring farmers on board. That is still moving forward, and I understand that an application will be lodged on 21 September, later this week. However, trust in Natural England has been so undermined that some farmers understandably refuse to engage.
For years, we have managed Penwith moors through a nature partnership using funds such as countryside stewardship schemes. The only way that I can see to bring those landowners back on board is for DEFRA to agree that responsibility for managing a West Penwith moors and downs landscape recovery scheme is taken away from Natural England and placed with a local partnership, such as the Penwith Landscape Partnership, which was formed in 2014 to support the understanding, conservation and enhancement of the Penwith landscape as a sustainable living, working landscape—the very landscape that we are discussing today.
I believe that the Government must go further: the Wildlife and Countryside Act 1981 should be reviewed to see whether it is fit for purpose now that we have the Environment Act 2021 and many other tools to ensure nature recovery. The Act gives powers to an unaccountable body that, if recent examples across England are anything to go by, threatens our ability to reverse nature decline. Natural England is driving away the very people who understand and care about the issue. Nature recovery is not a desktop exercise for quangos to pursue but the lived experience of thousands of people who depend on the natural environment for their livelihood and to feed the nation. Nor can it be that, in its consideration of SSSI notification, Natural England has regard only to the environment; surely, it must recognise the social, cultural and economic impacts in its consideration. That is clearly a weak aspect of the law that the Minister must consider in her response.
DEFRA should also review how Natural England goes about executing its responsibilities. West Cornwall is not the only part of England where serious tensions exist between Natural England and organisations and individuals who care passionately about their environment and landscape. Natural England needs to be told in no uncertain terms that any restriction placed on those who own and farm land in the West Penwith moor and downs SSSI must be backed by robust and reliable evidence, such as recent datasets and a transparent and accurate water and soil testing regime. Farmers and landowners must be informed of their rights and their opportunities to support or object to the designation; be given adequate time to review the evidence relating to their land; and be given clear guidance on applying for operations requiring Natural England’s consent.
However, the Country Land and Business Association argues—rightly, in my view—for a bespoke SSSI transition fund to provide funding for the costs incurred when a new designation is introduced or Natural England prescribes management changes. Land managers in SSSIs face potentially dramatic changes to their enterprise, with no compensatory funding available for their loss of assets, or for the need to retain staff or invest in new equipment. Also, given the grave concern expressed by so many respected bodies and the columns that have been written on the subject, I implore the Minister to set up an independent review in relation to Natural England and the West Penwith moors and downs SSSI, as has been established for Dartmoor.
In conclusion, Mr Deputy Speaker—I do not wish to keep you longer than necessary—I express my sincere thanks to the landowners and farmers who, despite being under extraordinary pressure and stress during the process of designating the SSSI, engaged constructively and in good faith, hoping that common sense with a little respect for the way they had cared for, protected and enhanced the area for years would prevail. I also thank the NFU, Farm Cornwall, the Country Land and Business Association, Cornwall Wildlife Trust and the Campaign for Rural England’s Cornwall branch for the time, effort and expertise they have expended to try to bring Natural England to a place where much of the damage that has been done could have been avoided. I look forward to hearing the Minister address as many of the points I have raised as possible, and invite her to come to my constituency to see this wonderful part of the country for herself.
