Wild camping can continue in Dartmoor National Park after the Supreme Court delivered its verdict in London today.
In England, Wales and Northern Ireland, Dartmoor National Park is the only place you can legally wild camp, and this can now continue after a three-year legal challenge from the multimillionaire hedge fund manager, Alexander Darwall.
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If the Supreme Court had ruled in favour of Darwall, the right to camp on Dartmoor could have been lost forever, with far reaching implications that could have impacted other recreational uses beyond wild camping.
Threats to Dartmoor’s wild camping status intensified in January 2023 when Alexander and Diana Darwall, who have owned 4,000 acres (16 square kilometres) of southern Dartmoor since 2013, won a High Court ruling, giving them the right to remove people wild camping on their land. The case hinged on the interpretation of a byelaw in the 1985 Dartmoor Commons Act, which enshrined a historic custom of unrestricted access “to all the commons on foot and on horseback for the purposes of open-air recreation”.
Lawyers acting for the Darwalls successfully argued the byelaw did not include wild camping, with the judge, Sir Julian Flaux, concluding that the act did not “confer on the public any right to pitch tents or otherwise make camp overnight on Dartmoor Commons. Any such camping requires the consent of the landowner.”
The decision sparked huge protests, with marches across Dartmoor and a nationwide debate on public access in the English countryside. However, all was not lost, and in July 2023, the National Park Authority, along with the UK's oldest conservation charity, the Open Spaces Society, successfully appealed the decision, much to the delight of campaigners.
In a final twist, the Darwalls challenged the Court of Appeal ruling, with the case heard a third time at the Supreme Court (the UK’s highest court) in October 2024.
“A landmark judgment”
Although camping is technically possible anywhere in England, Wales and Northern Ireland with the permission of landowners, this is a logistical hurdle that undoubtedly detracts from the magic of pitching up unannounced. (North of the border in Scotland it’s a very different story, with the freedom to roam and pitch up responsibly a protected right.)
For Dr Kevin Bishop, Chief Executive of Dartmoor National Park Authority, the ability to wild camp on Dartmoor has been a unique and longstanding part of its appeal.
Bishop said: “This is a landmark judgment not just for Dartmoor National Park but for people who have long campaigned for access rights. The judgment reaffirms our long-held belief for the public's right to backpack camp on certain commons and, importantly, our role in regulating and managing that access."
“Dartmoor National Park Authority has always acted in the belief that the Dartmoor Commons Act 1985 included the ability to backpack camp on certain commons,” he explained. “This has been the practice for over 30 years, without challenge or any significant impact.
“We’ve been consistently clear about our role in protecting Dartmoor and promoting understanding, so people respect the National Park, its cultural heritage and those who live and work here,” he added.
Main image: Right to Roam banner as part of protest on Dartmoor in 2023. Credit: Maria Hodson