Land-owners defend bid to ban wild-camping on Dartmoor
The long-running legal battle has reached the UK's top court
Last updated 8th Oct 2024
A two-year legal battle over whether wild-camping should be allowed on Dartmoor has been heard at the UK's top court.
The National Park Authority has spoken out in favour of the historic right.
Lawyers for two landowners claimed that only walking or horseriding is allowed under a nearly 40-year-old piece of legislation.
Alexander and Diana Darwall are challenging a Court of Appeal ruling which said that members of the public have the right to wild camp in the national park.
The couple keep cattle on Stall Moor, which forms part of their more than 3,450-acre estate in the southern part of Dartmoor, and claim that some campers cause problems to livestock and the environment.
Their appeal to the UK's highest court is opposed by the Dartmoor National Park Authority (DNPA), which previously said that it would seek "to defend the public's right to access the national park for open-air recreation" while continuing work to "protect Dartmoor's unique characteristics".
Positive mental health impact
Campaigners have also told Forth 1 wild-camping can help with people's mental health.
Outdoor educator Emma Linford said: "Laying down on the ground in a shelter, you've had agency to choose where you put it, learning how to shelter from the rain, how to collect the water, what you're going to eat that night.
"Those really simple pleasures are such a difference from all the complexity we have to deal with in our normal world. This is vital.
"We have a mental health crisis going on in our society, and we just need to get people in the outdoors in an immersive experience, to have an awakening that gives them a different perspective.
"That's what it's done for me."
Historic right
Dartmoor National Park, designated in 1951, covers a 368-square mile area that features "commons" - areas of unenclosed privately owned moorland where locals can put livestock.
The Dartmoor Commons Act 1985 says "the public shall have the right of access to the commons on foot and on horseback for the purpose of open-air recreation".
Lewis Winks, from the 'Right to Roam' group, told Forth 1 the right goes back "much longer" with a "history going back generations."
"People getting out on Duke of Edinburgh expeditions in the sixties, and also accounts dating even further back.
"I'm a father of a six-year-old daughter, and I'm thinking about the experiences I enjoyed as a young person, and looking ahead to the things that she might be able to enjoy. She loves going wild-camping and I really hope that in her life, that's part of how she experiences Dartmoor, where she lives."
"Open-air recreation"
In written submissions, Timothy Morshead KC, for Mr and Mrs Darwall, said the 1985 act only gives the public access on foot and horseback "which naturally means walking and riding".
He continued: "The words 'open-air recreation' are used in a different part of the sentence and with a different grammatical function: not describing what public had a right to do on Dartmoor but, rather, describing the purpose for which the public might exercise its right to walk and ride on Dartmoor."
However, barristers for the DNPA said the phrase "on foot" means "the access to the commons should be pedestrian and not vehicular".
Richard Honey KC said in written submissions: "It does not mean that persons must be standing up at all times... A construction which would prevent someone exercising the (access) right from sitting, kneeling or lying down would be absurd."
In written submissions, the landowners' lawyers said "nobody and certainly" neither of the landowners is "asserting that all camping must stop on Dartmoor".
Mr Morshead continued that the Darwalls are "not motivated by a desire to stop camping on Dartmoor", but "concerns arise from their responsibilities as stewards of the land in their ownership and over which they have commoners' rights: concerns about the damage that wild camping can cause and, in particular, about the significant risk of fire associated with it".
"Absurd" suggestion
However, the DNPA called the suggestion that erecting a tent damages land and vegetation "absurd".
In written submissions, Mr Honey said: "The suggestion that merely erecting a tent for backpack or wild camping damages the land and vegetation is absurd.
"Erecting a tent for backpack or wild camping for a night or two would do no such damage."
In January 2023, the High Court ruled that law did not give people the right to pitch tents overnight on the Dartmoor Commons without landowners' permission.
But in July that year, the Court of Appeal overturned this decision, finding that the law "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" as long as byelaws are followed.
Campaigners from Right to Roam and The Stars are for Everyone played music and danced while some held banners outside the court during the hearing.
Caroline Voaden, MP for South Devon, said access to nature is a "fundamental necessity for all of us".
She said: "In a country where poor mental health has become one of the crises of our times, it is more vital than ever that people can have access to this land. We absolutely must protect this right - and I hope extend it to other wild open spaces and national parks across the country so more people can experience the thrill of wild camping.
"The land belongs to all of us. The stars are for everyone. It's a tragedy that this must be tested, yet again, in the courtroom."
The hearing before Lords Reed, Sales and Stephens, as well as Lady Rose and Lady Simler, concluded on Tuesday, with a judgment expected in writing at a later date.