Wild Camping Allowed Again On Dartmoor

On Monday, the court of appeal ruled that wild camping counted as open-air recreation and should therefore be allowed on the commons. Sitting on the panel, Sir Geoffrey Vos said:

‘In my judgment, on its true construction, section 10 (1) of the Dartmoor Commons Act 1985 confers on members of the public the right to rest or sleep on the Dartmoor commons, whether by day or night and whether in a tent or otherwise.’

This comes after a hard-fought campaign involving the Right To Roam campaign, Campaign For National Parks and The Stars Are For Everyone, and backed by the Ramblers, British Mountaineering Council and British Canoeing. Campaigners sought to re-instate peoples’ right to roam on Dartmoor, and protests attracted over 3,000 people to the common, outraged by restrictions applied to the only remaining part of England where wild camping was allowed without seeking permission from the landowner.

Lawyers for the DNPA and Open Spaces Society appealed against the high court decision, arguing that the narrow definition of open-air recreation – where only activities such as walking, horse riding and picnicking were permitted – ruled out a great number of activities such as birdwatching, landscape painting and stargazing. They also said it failed to take into account the historical understanding of the law, which many people, including the DNPA, understood to mean a right to camping, following a ‘leave no trace’ ethic.

Millionaire hedge fund manager Darwall is Dartmoor’s sixth-largest landowner, and offers pheasant shoots, deer stalking and holiday rentals on his 1,619-hectare (4,000-acre) estate. A spokesperson for the Darwall family commented:

‘We are disappointed by this judgment. This case highlights the many and increasing challenges we face in trying to protect the fragile environment on Dartmoor. Our mission was to conserve this special place. It is regrettable that our role as custodians is greatly diminished.’