The UK Supreme Court has dismissed (on 21 May) against the rule on whether people have the legal right to wild camp on Dartmoor in a case that has reignited a debate over public access to land.
Landowners Alexander and Diana Darwall, who keep cattle on the land, argued that wild camping posed risks to livestock and the environment, and that camping should not be permitted without permission from the landowners.
Their legal representatives said that the 1985 Dartmoor Commons Act, which allows access for “open-air recreation,” did not explicitly include overnight camping.
Judges ruled unanimously against their appeal, in a verdict that Richard Broadbent, environmental lawyer at law firm Freeths said “confirmed the long-held understanding that the public has a right to enjoy the natural beauty of Dartmoor through responsible wild camping.”
“This case is a reminder of the ongoing need for greater access to the countryside, not just across Dartmoor, but across the whole country. Even now, 93 years after the Kinder Scout mass trespass which openly challenged the restrictions placed on public access to the countryside, there is a right to roam over only 8% of England. Dartmoor is so special in the national imagination precisely because people do have greater access right on it. We need to expand public access to our landscapes so that more people can experience the physical and mental well-being benefits of spending time in nature”.
Emma Preece, Senior Associate, Charles Russell Speechlys, declared the decision “a huge win for wild-camping enthusiasts on Dartmoor”.
“[Dartmoor] remains the only national park in England and Wales permitting wild-camping without the permission of the landowner. That being said, rural landowners outside of Dartmoor need not panic – the Supreme Court’s decision won’t open the floodgates as it is limited to the application of legislation specific to Dartmoor Commons.
“For those within Dartmoor Commons, the Supreme Court has made it clear that wild camping counts as ‘open-air recreation’, meaning the public can continue to enjoy Dartmoor the way they have done for many years – pitching a tent, staying overnight, and experiencing the landscape up close. This ruling puts an end to the long-running Dartmoor debate, providing much-needed clarity for both local landowners and those who wish to wild camp on Dartmoor Commons.”
