Dartmoor body failing to protect its ecological degradation, High Court told
Wild Justice is taking legal action against Dartmoor Commoners' Council, saying it has breached its statutory duties by allowing overgrazing on the commons
The body tasked with protecting Dartmoor's natural environment is failing to stop it being "ecologically degraded" through overgrazing, the High Court has been told.
Campaign group Wild Justice is taking legal action against Dartmoor Commoners' Council (DCC), saying it has breached its statutory duties by allowing overgrazing on the commons.
Of the 95,000 hectares in Dartmoor National Park, 36,000 are registered as common land, which are privately owned but open to public access.
There are around 850 commoners, or owners of properties on the commons, who have rights permitting them to keep sheep, cattle and ponies.
But lawyers for DCC, which opposes the challenge and denies it has breached its duties, told the court less than 20% of the commoners are active graziers.
David Wolfe KC, for Wild Justice, said in written submissions that DCC has failed "to ensure that the commons are not overstocked" and has not issued any limitation notices "in the last 10 years".
He pointed to a 2023 Government-commissioned report, the Fursdon Review, which he said concluded "Dartmoor is not in a good state".
He also said DCC has not properly assessed how many animals can be stocked on the commons in the last decade and has breached regulations obliging it to protect the "conservation and enhancement of the natural beauty of the commons".
The barrister said: "Dartmoor's unique and precious habitats are being ecologically degraded by overgrazing, yet DCC, which is tasked by Parliament to prevent this, is not acting."
In addition, Mr Wolfe said DCC has adopted an advocacy role on behalf of commoners beyond its regulatory duties.
He asked the court to order DCC to comply with its statutory duties and carry out an assessment of the number of animals that can graze, as well as order it to issue limitation notices.
Matthew Fraser, for DCC, said in written submissions that limitation notices are a "crude approach" and a "blunt instrument" which do not address practical difficulties in managing a balance between the environment and the rights of commoners.
He said any necessary reductions to the amount of livestock are best achieved through schemes that reward farmers for taking positive environmental action.
The barrister also denied any failure to issue limitation notices is unlawful and that DCC has made assessments of overgrazing, pointing to its participation in the Fursdon Review.
Mr Fraser described Wild Justice's complaint about the lack of assessments as "academic".
The natural beauty "is a core consideration" for DCC members, he added, while representing commoners is "entirely permissible".
The hearing, before Mr Justice Mould, is due to conclude on Wednesday, with a written judgment expected at a later date.
Speaking before the hearing in London, Chris Packham, co-director of Wild Justice, said: "Sheep, subsidised by the public, are doing significant damage to lands which should be maintained in the public interest as rich repositories of biodiversity.
"We are paying many farmers and commoners to damage our own interests. And the sums run into millions of pounds each year.
"Greed is driving this abuse, pure and simple, and it needs to stop. The Department for Environment, Food and Rural Affairs and Natural England have proved incapable of regulating this, so Wild Justice has stepped up.
"We are in a crisis - change is essential, and this reckless destruction needs to stop."
A spokesperson for DCC said: "The council recognises that Dartmoor is a complex and sensitive landscape - a living, working environment shaped over many hundreds of years by pastoral management.
"Dartmoor consists of a mosaic of critically important and interdependent habitats, and these areas continue to require ongoing, informed and specialist management in partnership with those people - including commoners and other farmers - who live and work on the moor.
"The council also recognises that maintaining a positive natural environment on Dartmoor is of vital importance both for its own sake and in order to ensure the sustainability of farming on Dartmoor's common land for future generations."