The Tenant Farmers Association (TFA) is supporting a tenanted farming family on Dartmoor as it battles with Natural England, which is refusing to allow them to use their grazing rights on common land associated with their agricultural tenancy.

Roy and Helen Radmore, their son Mark and their predecessors have been farming on Dartmoor for decades. Previously, they and other graziers on the common were participating in a Higher-Level Stewardship (HLS) Scheme which came to an end last year. Despite intense negotiations, it was not possible to agree a rollover of the agreement with Natural England. This was due in part to its insistence that grazing levels on the common, covered by a Site of Special Scientific Interest (SSSI) designation, needed to be pulled back to unsustainably low levels due to the SSSI being judged to be in unfavourable condition.

TFA Chief Executive, George Dunn said, "There is no argument that the SSSI is in an unfavourable condition. However, it is not because of grazing pressure from those with livestock grazing rights on the common, it is because of other, inappropriate management, including the use of mineral supplements, within the SSSI which has been approved by Natural England. There is also unmanaged grazing pressure coming from stock straying from neighbouring commons, in part due to the very low grazing rates allowed under the previous HLS scheme. There is pressure too from an unsustainable number of ponies grazing the common, beyond the control of the Radmores, which is now being addressed. Indeed, there is evidence to suggest that the condition of the SSSI has considerably worsened overtime as stocking rates have been pulled back. Natural England appears only to have one solution. This is to reduce grazing further, but that has not worked, and will not work to improve the condition of the SSSI".

Having failed to agree a rollover of the HLS agreement, the Radmores decided that they would continue grazing at the same level set out within the previous HLS agreement rather than move back up to the total number of grazing rights available to them under their tenancy agreement. However, Natural England objected and threatened enforcement action arguing that the Radmores had no consent for any grazing on the SSSI.

Whilst they did not think it necessary, without prejudice to their position that they already had consent, the Radmores made an application under the procedure set out within the Wildlife and Countryside Act 1981. The application was only to graze up to the level of the previous HLS agreement. In fact, the grazing provisions of the original HLS agreement were already some of the lowest in comparison to other commons within Dartmoor. However, Natural England refused this application and the Radmores have now been forced to appeal.

"One of the grounds for that appeal is that Natural England is, for some reason, singling out the Radmores whilst leaving other graziers alone. Natural England claims that it is only legally able to restrict the grazing of the Radmores. This is because its interpretation of the legislation is that the consent provisions apply against only those who have grazing rights through occupation, rather than through registration as a commoner. However, this is wholly wrong given that the legislation makes it clear that those with rights of common are also considered to be occupiers in respect of the grazing provisions on SSSIs," said Mr Dunn.

"The Natural England position makes no sense at all. It is essential that grazing across the whole of the SSSI is looked at in the round. There is no point in the Radmores being required to reduce their grazing, if others are able to carry on regardless and, due to lack of shepherding, stock being allowed to stray onto the SSSI," said Mr Dunn.

"Sustainable and appropriate levels of grazing are essential for the management of these sensitive sites. However, Natural England appears to have a blinkered approach to the wider issues going on and that needs to change. The TFA very much hopes that the Radmores will be successful in their appeal after which there will need to be a round table discussion with all interested parties to bring forward an appropriate management plan with sustainable grazing at its heart," said Mr Dunn.