Wild camping is permitted on Dartmoor The Supreme Court has ruled that an opulent landowner who owned millions of dollars was wrong in banning it on his property.
Dartmoor was – until the legal action – the only place in England where wild camping without the permission of the landowner was enshrined in law. This right is enjoyed in Scotland since 2003.
Alexander Darwall, a multi-millionaire hedge fund manager has been pursuing this matter in the courts since two years ago, as he doesn’t want people camping without his permission on his land.
Darwall is Dartmoor’s 6th largest landowner. In 2013, he purchased the Blachford estate, which covers 1,619 hectares (4,000 acres) in southern Dartmoor. On his land, he offers deertalking, pheasant hunting and holiday rentals.
He argues that he is not allowed to remove the wild campers on his property under law. This has affected his conservation efforts, and could put his cattle in danger.
The DNPA is in favor of wild camping on Dartmoor, and says it would be “absurd to suggest that wild camping has an impact on the environment.”
In a case that has been keenly followed by land rights campaigners – and campers – across the country, Darwall won in the high court in 2023, but then the appeal court ruled that the law did state there was a right to wild camp on Dartmoor. The Supreme Court heard his case.
The Dartmoor Commons Act, 1985 defines open-air recreation as “any activity that can be done outdoors”. Darwall’s attorneys have sought to narrowly interpret this act, arguing only walking and horseback-riding are permitted. Darwall’s lawyers told the Supreme Court last year, in what many called a bizarre twist of events that picnicking was not allowed. did not count It was not permitted to use the open-air recreational area.
Open Spaces Society, an expert group, warned that Darwall’s interpretation would have a wide impact on how people use Dartmoor. It could prohibit activities such as sketching, bird watching, rock-climbing, and fishing.
When the case was filed, thousands of protesters Dartmoor has seen a influx of campers who are arguing for their rights to continue camping.
After the ruling, campaigners urged the Labour Party to revive plans to legalise roaming rights across England. This was promised in opposition After pressure from groups in the countryside, the party abandoned this idea when it wrote last year’s manifesto.
Guy Shrubsole, from the Right to Roam campaign, said: “The verdict is a relief – but Dartmoor remains the only place in England and Wales where the public has a right to wild camp, and can lawfully experience the magic of sleeping under the stars.
“The fact that Alexander Darwall, a wealthy landowner in England, was able temporarily to remove a right which belonged to all, shows how England’s access system is completely broken.
The Labour government should now pass a right to roam law to protect and extend public access to nature in England. Ministers must urgently change the law – not only to protect the right to wild camp on Dartmoor from future challenges, but to expand the public’s right of responsible access to the wider countryside.”
The MPs have called on Labour to allow wild-camping across the country. Caroline Voaden MP for South DevonDartmoor is part of, who said that she was “absolutely thrilled” with the ruling. It’s a vindication for what we all know for a very long time, that nature and the stars are available to everyone. Wild camping is healthy for both body and mind – I am very happy that the judges were able to see this.
“It is a shame that we had to test this again in the courtroom. After this, I hope that we can start working to extend our wild camping right beyond Dartmoor. Labour, when in opposition, spoke about extending wild camping rights across the UK. I hope that they will turn those words into actions and expand the access rights for campers and walkers throughout the country.
The supreme Court ruled camping to be a form of outdoor recreation. Dartmoor Commons Act granted the public access to Dartmoor Commons to allow them to camp there.
Contrary to Darwall’s lawyers’ arguments, the court found the law did not require the person exercising the right to be on foot or on horseback at all times while they were on the commons – those are just the means that a person had to use to have access to the commons, and having gained access by those means, one could stop to pursue any kind of “open-air recreation” that fell fairly within the meaning of that phrase, which would include having a picnic, camping and other activities such as rock climbing.
Kevin Bishop is the CEO of Dartmoor National Park. He told the Guardian, “I am overjoyed, if you will allow me to be honest. We are thrilled and relieved. This is a great day for Dartmoor and future generations. It also enshrines the right of people to access the park. We have defended people’s right to access, but will also ensure that they do so responsibly, and treat both the commons as well as the landowners with respect.
“The judgment goes back to the people who fought for our national parks in the first place and what they intended for our parks – they are for the many not for the few.”
