‘Losing the right to wild camp on Dartmoor would have been unthinkable'

Yahoo

7 days ago

​​Jolyon Chesworth is fondly remembering the last time he wild camped on Dartmoor with his family. His children Max and Barney were running around, climbing rocks and swimming in pools. They were, he says, truly free.
'That sense of adventure and connection to the landscape is so important,' says Chesworth. 'The simple act of finding a place to sleep, having something to eat and just chatting together in almost unimaginable space… they absolutely love being on Dartmoor.
'So the potential loss of all these incredible benefits would have been unthinkable.'
Yet such a loss was, until last week, something Chesworth and many families like his were preparing for.
So they were overjoyed when the Supreme Court backed wild camping on Dartmoor, marking the end of a long argument about whether pitching a tent under the stars in the Devon national park was permissible and, possibly, the start of a wider debate about what public access might mean in other parts of the country.
There is no general right to wild camp on most private land in England, but an exception was made for set areas of Dartmoor Commons in 1985. Over the decades, it's become a haven for Duke of Edinburgh's Award trips and the famous Ten Tors challenge.
For Chesworth, wild camping in the area has offered 'an opportunity to connect to nature, and to people past, present and future who are doing the same thing'. Campaigners, meanwhile, say the battle raises a wider problem over access rights.
The legal wrangle over the park began in 2022, when landowners Alexander and Diana Darwall challenged the right to wild camp on their 4,000-acre estate on Stall Moor.
They noted the 'potential harm' caused by campers, including litter, fires and threats to their livestock. But the crux of their case hinged on whether a specific section of the Dartmoor Commons Act 1985 conferred on the public a right to camp there overnight.
Campaigners were quick to take note. Lewis Winks, from the group Right to Roam, recalls a handful of activists gathering in a Devon pub shortly afterwards to plot their response.
'We called our campaign The Stars Are for Everyone, because as Devon locals we made use of these wild camping rights regularly – I took my daughter up on Stall Moor and she loved it,' he says. 'It seemed absolutely ludicrous that somebody should be able to snatch that away.'
Winks adds there was widespread belief among campaigners that the Darwalls' case would collapse. 'There were many people… who just didn't think Dartmoor was going to be lost,' he says.
But it was. In January 2023, a High Court ruling set out that the 1985 Act 'does 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 ruling stated.
'It was at this moment we really saw a lot of people stand up and say, 'this is a tragedy',' says Winks. 'Actually it had far-reaching effects beyond the Darwalls' estate. It meant a loss of wild camping rights across the whole of Dartmoor as they had existed.'
A week after the High Court ruling in 2023, thousands of people met on Stall Moor to protest. Meanwhile the Dartmoor National Park Authority (DNPA) had to work quickly with other landowners to put in place agreements to license their land for use by wild campers.
Basically, the DNPA had to pay the landowners to allow people to camp.
'It was fairly panicked,' says Winks. 'Long term it would have been unworkable as a system, too, because of all the individual licences. The issue for us was that permission couldn't be a replacement for rights.'
Dr Kevin Bishop, chief executive of DNPA, remembers that time slightly differently. 'It was testament to some of the Commons owners that we managed to develop that system so quickly – and it was mainly so we could get Ten Tors to go ahead, which the majority of landowners wanted,' he says.
'There were some who thought that system would be fine going forward, but it was always clear to us that the Commons Act creates a right of access on foot and on horseback for the purpose of open-air recreation. We've always interpreted open-air recreation broadly, whereas the Darwalls didn't.'
So the DNPA appealed, with the support of other campaign groups such as the Open Spaces Society (OSS) in 2023. Kate Ashbrook, general secretary of the OSS, knows more about access on Dartmoor than most; in 1985 she was Anthony Steen MP's research assistant as he piloted the Dartmoor Commons Bill through Parliament.
'In every other legislation that grants access, you get a schedule of things that the access doesn't include, and camping is usually listed,' she says. 'So for it not to be listed in the Dartmoor Commons Act was an indication that it should be permitted. For us, it was as simple an argument as that.'
The other reason the OSS and others were concerned was that the terminology used in the High Court ruling could have had ramifications way beyond wild camping.
It might have led to a situation where open-air recreation on Dartmoor was restricted to activities undertaken while on foot or in the saddle. Bathing, sketching, rock climbing, even bird watching or fishing could have been seen as trespass.
As Bishop puts it, at the extreme end of this interpretation, 'you couldn't even have stopped for a picnic'.
The general consensus is that some of these interpretations were so farcical, they actually helped the appeal. And in July 2023, the Appeal Court ruled 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… provided the bylaws are adhered to'.
But, in turn, the Darwalls themselves immediately appealed to the Supreme Court, with the first hearings taking place in October 2024.
In written submissions their legal representatives said the couple were 'not motivated by a desire to stop camping on Dartmoor'. Instead, they talked of campers not observing the 'leave no trace' rule and campfires leading to habitat destruction.
Is there merit in at least some of these arguments? The last time Chesworth was wild camping on Dartmoor, he remembers being woken by fireworks at 3.30am. The next day, his boys picked up the revellers' rubbish on their way back home.
'With this sense of freedom and access comes responsibility and a need for stewardship,' he says. 'One of the reasons I like taking my children out there is that it teaches them that responsibility. It's like school, but more fun.
'What I would say though is that there's a big distinction between wild, backpack camping and fly camping, where people are bringing family tents and disposable barbecues and pitching up at the edge of a car park.'
On local forums, there is much speculation that it is 'townies' who are going to Dartmoor with their crates of beer and fireworks and wrecking it.
Right to Roam says it is aware that encouraging wider access to natural spaces does come with the potential for abuse.
That's why the group developed the concept of 'Wild Service', where responsible access means respecting privacy, crops and nature while seeking to leave a positive trace and practising deep care for the natural world.
The Darwalls, for their part, remain unconvinced that access translates to guardianship.
The couple said they were 'disappointed' by the Supreme Court's judgment. 'Hollowing out the role of landowners and farmers will not improve the vitality of the Dartmoor Commons,' they said. 'Our aim from the outset was to protect and preserve Dartmoor, its flora and fauna.'
Meanwhile, others are keen to see the outcome set a precedent for the rest of England. In opposition, Labour pledged to create a widespread right to roam policy if elected but U-turned after facing opposition from some landowners.
The OSS and Right To Roam are now calling on officials to 'step up' and pass an act that can protect and extend public rights of access to nature across England. If wild camping is allowed on Dartmoor, then why not elsewhere, they argue.
'If Darwall vs Dartmoor is to be a truly landmark decision, the Government must act to ensure a right to sleep under the stars applies to all national parks and wild country,' says Ashbrook.
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