Supreme Court Allows Wild Camping in Dartmoor

Wild camping has been declared permissible in Dartmoor following a Supreme Court ruling that overturned a previous ban on the land. Until this legal decision, Dartmoor was unique in England for allowing wild camping without needing the landowner’s consent. In contrast, Scotland has permitted this right since 2003.

A billionaire hedge fund manager, Alexander Darwall, initiated legal action against the Dartmoor National Park Service (DNPA) two years ago regarding this matter. Darwall, the sixth largest landowner in Dartmoor, purchased the 1,619 hectares (approximately 4,000 acres) Brachford Estate in Southern Dartmoor in 2013.

He contended that wild campers on his property could not be removed legally, arguing that their presence could undermine his conservation efforts and potentially endanger his cattle. Meanwhile, the DNPA defended the right to wild camp, deeming the suggestion that such activities harm the environment as “absurd.”

In 2023, Darwall won a ruling in the High Court, but the Court of Appeals later asserted that wild camping was indeed a right in Dartmoor, prompting him to escalate the case to the Supreme Court.

The crux of the legal dispute revolves around the definition of “outdoor recreation” as outlined in the 1985 Dartmoor Commons Act. Darwall’s attorneys sought a restricted interpretation, suggesting that only walking and riding should be recognized as permissible activities. One of his lawyers argued in front of the Supreme Court that picnicking didn’t qualify as outdoor recreation, thus constituting trespassing.

Experts, including those from the Open Space Association, cautioned that endorsing Darwall’s interpretation could negatively impact various activities enjoyed in Dartmoor, like bathing, sketching, rock climbing, birdwatching, and fishing.

In light of the ongoing legal battle, numerous protesters have gathered in Dartmoor to assert their wild camping rights.

Following the verdict, campaigners called on the Labour Party to revive previous efforts to legislate the right to roam across the UK. Although this was a promise made during their last campaign, the party retracted it under pressure from rural groups.

Guy Shrubsole from the Right to Roam campaign expressed relief over the verdict, stating, “Dartmoor remains the only place in England and Wales that officially allows the public to camp in the wild and enjoy the experience of sleeping under the stars.” He emphasized that the temporary removal of public camping rights by a wealthy landowner illustrates a broken access system in England.

He urged the Labour Government to institute fresh legislation to protect and expand citizens’ rights to access nature. The proposed changes aim to safeguard wild camping on Dartmoor against potential future legal challenges while broadening access across the countryside.

South Devon MP Caroline Borden, representing Dartmoor in her constituency, shared her enthusiasm for the ruling, stating, “It’s proof of a long-held understanding that the stars belong to everyone, and access to nature is vital for a fulfilling life.” She lamented that this matter needed to be resolved in court yet remained hopeful for extending wild camping rights beyond Dartmoor.

The Supreme Court determined that camping qualifies as a form of outdoor recreation, affirming that the Dartmoor Commons Act allows the public access for camping when approached by foot or horseback.

In contrast to Darwall’s argument, the court maintained that the law does not stipulate constant walking or horseback riding in the Commons. Rather, these modes of transport must be utilized for accessing the Commons, enabling a variety of “open-air recreation,” including activities like rock climbing.

Kevin Bishop, CEO of Dartmoor National Park, expressed joy over the ruling, proclaiming, “We are incredibly happy. This judgment honors those who fought for our national parks and their intended purpose—not just for a select few.”