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The Independent
21-05-2025
- Climate
- The Independent
Wild camping should be a basic human right – it's a life-altering experience everyone should be allowed to try
'It always rains on tents. Rainstorms will travel thousands of miles, against prevailing winds for the opportunity to rain on a tent.' So said the American humorist Dave Barry in his skit about camping back in the 90s. And as any wild camper – particularly those who've spent many nights in a tent around Dartmoor National Park – will know, it can, at times, feel comically true. Yet for the past three years, we outdoor lovers have been battling more than unpredictable British weather. Since the Dartmoor Commons Act was legislated in 1985, parts of England's National Park represent the only area in Britain outside of Scotland (which has the far more progressive Land Reform Act of 2003) where wild camping is legally allowed. As such, it has become the initiation ground for generations of Scouts, Duke of Edinburgh participants and the annual Ten Tors Challenge. For me, it was the place where I – short of time and money – cut my teeth as an adventurer, allowing me to hone the art of responsible wild camping without the worry of falling fowl of the law, leading me many years later to co-found the #WeTwo Foundation, a charity that empowers underprivileged young people through expeditions. So it was with dismay that I learned of the proposed blocking of camping on Dartmoor back in 2022, by multi-millionaire Blachford Estate landowners Alexander and Diana Darwall. The couple have, since 2013, owned the Blachford Estate on Dartmoor – an area of land estimated to be twice the size of Gatwick Airport) – and in 2022, decided they didn't want wild campers on their land anymore. The lengthy legal battle ended on Wednesday, May 21, when the Supreme Court ruled that wild camping on Dartmoor should be allowed. For non-campers, this may seem insignificant. But as a woman and as someone who grew up in a working-class area of the country, this result is vital. When I discovered wild camping, it was, as it is for many, life-altering. It wasn't simply sleeping in a tent. It was freedom. It was the chance to disconnect from the stresses of daily life and reconnect with the natural world. It was confidence boosting and – importantly – cost me nothing. I'll never forget my first wild camp on Dartmoor, watching the stars come out in a sky clearer than one I'd ever seen before, being woken by birdsong and seeing the sunrise alone. I knew then that five-star hotels were overrated – I had a million above my bed. Later, when I took groups of inner city youngsters out into the hills, I watched as they too fell under the spell of a night spent outdoors, smiled as they noticed the lack of police sirens and commented on how they had never seen a sunrise or the stars except for on a screen. I saw their mental health improve, their confidence increase and their awareness of the issues faced by the natural world awaken. That's why the upholding of our right to wild camp is so important. And it's not only me who thinks so – the Centre for Sustainable Healthcare revealed in January that the NHS could save £2.1bn pounds every year if everybody in the country had access to good quality green space. Those who oppose this – a small pocket of farmers and landowners – say, much like the Darwalls tried to claim, that wild campers damage the environment. This is nonsense. Wild campers have no interest in damaging the environment that they love so passionately. We are not cattle botherers, fly tippers or environment destroyers. We love animals and wildlife and pledge to leave a place in a better state than we found it (I always carry a bin bag with me and pick up any rubbish I find on my adventures) and as for the environment, we will fight tooth and nail to protect it, because we see the great value it brings. Of course, there are always exceptions, but you don't close a motorway to all cars because a few drivers throw rubbish out the window or drive badly. You use existing laws to tackle those specific problems (something highlighted by the Supreme Court, Lord Sales and Lord Stephens at the Supreme Court ruling regarding anti-social behaviour of any rogue campers). I believe we should use this ruling as a wake-up call to think about how we can empower, educate and inspire people to experience the great outdoors responsibly, through equipping people with knowledge on how small actions affect larger landscapes – I'd suggest at the point of sale of camping items, and use our voices to make them fall in love with the landscapes they have historically been kept out of (according to Right to Roam we only have access to 8 per cent of England). We don't have to look far to see the success of places where wild camping is allowed. The Nordic countries (Norway, Sweden, Finland, Iceland) all ascribe to allemansrӓtten or 'The Right of Public Access', the literal translation of which is, 'The all mans right', meaning that everyone has the right to roam in Swedish nature (except private residences and within 70 m from dwellings or gardens). There, access to nature is regarded as a basic human right. Other countries have varying versions of this, including Estonia, Switzerland, Austria, the Czech Republic and Scotland. The ruling today was one for common sense. Despite what the Darwalls have claimed regarding the actions of campers, the only crime being committed in Dartmoor right now is that landowners with deep pockets are taking an underfunded National Park to court over an issue that should have never been in doubt. Phoebe Smith is an adventurer and Wander Woman Podcast host. She is the recipient of the Royal Geographical Society's Ness Award 2025 for her promotion of accessible adventure, particularly to women and those from underprivileged communities, encouraging them to engage with nature in a thoughtful and conscious way.
Daily Mail
21-05-2025
- Politics
- Daily Mail
Public DOES have the right to wild camp on Dartmoor, Supreme Court rules after multi-millionaire hedge fund manager and his wife tried to ban it
A multi-millionaire hedge fund boss and his wife have lost their Supreme Court battle to ban people from wild camping on Dartmoor. Five judges unanimously dismissed a legal challenge brought forward by wealthy landowners, Alexander and Diana Darwall, who claimed some campers had been a nuisance to their livestock and the environment. Mr and Mrs Darwall - a ceramics expert who used to work at the Sotheby auction house - keep cattle on Stall Moor, which forms part of their more than 3,450-acre Blachford estate in the southern part of the national park. The landowners had challenged a Court of Appeal ruling at the UK's highest court, which said the law allows the public to camp on the Dartmoor Commons, provided bylaws are followed. The case concerned the interpretation of the Dartmoor Commons Act 1985, which says 'the public shall have the right of access to the commons on foot and on horseback for the purpose of open-air recreation' on the commons. Their lawyers told the Supreme Court last October the law only gives the public access on foot and horseback, 'which naturally means walking and riding'. The Dartmoor National Park Authority (DNPA) opposed the challenge, with its lawyers labelling the claim that setting up a tent could damage land and vegetation 'absurd'. In their judgment, Lords Sales and Stephens said the law would make 'no sense' if the right of recreation given to the public was 'limited in the manner contended for' by the Darwalls, and that the concept of 'open-air recreation' was 'wide'. They said in a ruling backed by Lord Reed, Lady Rose and Lady Simler: 'The word 'recreation' is used here without qualification as to the form which it should take. 'It is not confined to recreation taken by means of walking or riding.' Dartmoor National Park, designated in 1951, covers a 368-square-mile area which features 'commons' - areas of unenclosed, privately-owned moorland where locals can put livestock. In January 2023, High Court judge Sir Julian Flaux ruled that the 1985 Act did not allow people to pitch tents overnight on the Dartmoor commons without landowners' permission. But campaigners argued the decision 'went too far' and was a 'huge step backward', and could affect bird-watching, fishing and other activities. The Court of Appeal overturned the decision in July that year after a challenge by the DNPA, with three senior judges ruling 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'. Sir Geoffrey Vos said in the judgment that the 'critical question' was whether wild camping could be considered a form of 'open-air recreation', finding it was. In written submissions for the Supreme Court hearing last year, Timothy Morshead KC, for the Darwalls, said the couple are 'not motivated by a desire to stop camping on Dartmoor'. But he said: '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.' But barristers for the DNPA said the phrase 'on foot' means 'the access to the commons should be pedestrian and not vehicular'. In written submissions, Richard Honey KC said: 'The suggestion that merely erecting a tent for backpack or wild camping damages the land and vegetation is absurd.' Lord Sales and Lord Stephens said in their ruling that the term 'open-air recreation' should be read widely, because otherwise it would 'create an unjustified and unrealistic limit on the park authority's power to repair damage on the commons'. They continued: 'Whilst there are restrictions on the landowners' property rights, there is in return DNPA's power to prevent, and enforce against, problematic camping by virtue of its ability to make and enforce bylaws and to publish notices. 'Accordingly, the legislation puts in place the means for public regulation of use of the commons which is in practice likely to be more effective in protecting the land than attempts by private persons to challenge such use through themselves having to confront people on their land and then bring a claim in private law.' Following their defeat at the Supreme Court Mr and Mrs Darwall said: 'We are disappointed by the Supreme Court's judgment. 'Our aim from the outset was to protect and preserve Dartmoor, its flora and fauna. 'Landowners and farmers have always played a vital part in the conservation of Dartmoor. 'Hollowing out the role of landowners and farmers will not improve the vitality of the Dartmoor Commons.' Reacting to the Supreme Court's ruling that the public can wild camp on Dartmoor, Caroline Voaden, Liberal Democrat MP for South Devon, said: 'I'm absolutely thrilled with this ruling. 'It is a vindication of something we've all known for a long time: that the stars are for everyone, and that access to nature is not a nice-to-have, but a fundamental necessity for a happy, healthy life. 'Wild camping is good for body and soul - I'm very pleased the judges could see this. 'It's a shame this had to be tested yet again in the courtroom. 'Now this is over, I hope we can begin work to extend our right to wild camp beyond Dartmoor. 'In opposition, Labour spoke about extending the right to wild camp across the UK. I hope they will put those words into action and expand access rights for walkers and campers across the country.' Reacting to the Supreme Court ruling on Dartmoor, Dr Kevin Bishop, chief executive of Dartmoor National Park Authority, said: 'We are delighted and relieved with the Supreme Court's ruling. This is a landmark judgment not just for Dartmoor National Park but for people who have long campaigned for access rights. 'We are enormously grateful to the Open Spaces Society which joined us in our legal action, and Dartmoor Preservation Association for launching a fundraiser to offset legal costs. 'We thank them, and their many supporters, for standing with us. We would also like to thank our legal team: Richard Honey KC and Vivienne Sedgley. '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. 'It is important to note that it is not a blanket right to camp wherever, or do whatever, you want. With the right comes a responsibility to make sure that you tread lightly and leave no trace.' Dr Kevin Bishop, chief executive of Dartmoor National Park Authority, continued: 'We have been robust in defending the right to backpack camp, we will be equally robust in ensuring that people exercise that right responsibly and with respect to landowners and farmers. 'If you are thinking of backpack camping on Dartmoor, it is important to follow the guidance on our website. 'Now is the time to look forward and to work together for the good of Dartmoor. 'We will continue to work with commoners, all landowners, communities and partners to protect Dartmoor's nature, beauty and history while ensuring fair access for all and respect for the natural environment. 'While in opposition, Labour were publicly supportive of our action to defend the right to backpack camp. 'Now they are in government, we hope that they will work with us to ensure that we have the tools and resources to manage responsible access and to look at lessons that can be learnt from the Dartmoor case before they publish the forthcoming Green Paper on access to nature and the countryside.' Guy Shrubsole, the co-founder of the campaign group Right to Roam, said he was 'delighted', 'elated', and 'relieved' with the Supreme Court ruling . Mr Shrubsole - who first visited the national park in Devon as a teenager - said: 'What I think this case has also really highlighted is how unusual and odd it is that Dartmoor is the only place where there is a legal right to wild camp in England and Wales. 'Over in Scotland, over the border, there is a right to wild camp almost everywhere, and so that's why we are now really keen for the Government to take note of this, of a huge amount of public interest this case has stirred up, to see the public support for the right for wild camp and to extend the law. 'We want them to change the law now, so that actually people in England can enjoy the right to wild camp, the right to roam over much more of our beautiful countryside.' Kate Ashbrook, general secretary of the Open Spaces Society said after the ruling that the Government 'must act to ensure a right to sleep under the stars applies to all national parks and wild country'. She said: 'This is a tremendous outcome, confirming what we have believed all along, namely that there has always been a right for the public to camp on the nearly all 359 square kilometres of Dartmoor commons. 'We were therefore delighted to intervene in support of the Dartmoor National Park Authority and are deeply grateful to our counsel from Frances Taylor Building Chambers who acted pro bono, and to our solicitors Richard Buxton. 'We trawled through the legislation from the nineteenth century relating to common land and access, which showed that much of it expressly excluded camping from the right of access. 'It followed that camping must fall within the broad definition of open-air recreation; there would otherwise have been no reason expressly to exclude it. The judges agreed.'
Times
21-05-2025
- Times
Supreme Court rules wild camping on Dartmoor is legal
Members of the public havethe legal right to camp anywhere on Dartmoor's common land without landowner permission, the Supreme Court has ruled. Dartmoor was the last place in England where the public had a right to camp on common land but Alexander Darwall and his wife, Diana, had appealed to the UK's highest court to end this. Darwall, a City fund manager who became Dartmoor's sixth-largest landowner when he bought the 4,000-acre Blachford Estate in 2011, argued it was 'vital that land managers have the power to ask irresponsible and anti-social campers to move'. The legal wrangling centered on Section 10(1) of the Dartmoor Commons Act 1985, which said: 'The public shall have a right of access to the commons on foot and on horseback
The Guardian
21-05-2025
- The Guardian
Wild camping on Dartmoor is legal, supreme court rules
Wild camping will be allowed on Dartmoor after the supreme court ruled that a multimillionaire landowner was wrong to ban it on his land. Dartmoor was – until the legal action – the only place in England where wild camping without the permission of the landowner was enshrined in law. In Scotland, people have enjoyed this right since 2003. For two years, Alexander Darwall, a multimillionaire hedge fund manager, has been pursuing the matter through the courts against the Dartmoor National Park Authority (DNPA), as he does not want people camping on his land without his permission. Darwall, Dartmoor's sixth largest landowner, bought the 1,619-hectare (4,000-acre) Blachford estate on southern Dartmoor in 2013. He offers pheasant shoots, deerstalking and holiday rentals on his land. He has argued that under the law, he has been unable to remove wild campers from his land and said this has affected his conservation efforts and potentially put his cattle at risk. The DNPA wants to keep the right for wild camping on Dartmoor and has said it is 'absurd' to suggest wild camping causes environmental issues. In a case that has been keenly followed by land rights campaigners – and campers – across the country, Darwall won in the high court in 2023, but then the appeal court ruled that the law did state there was a right to wild camp on Dartmoor. He then brought his case to the supreme court. The case has hinged on what the meaning of 'open-air recreation' is under the Dartmoor Commons Act 1985. Darwall's lawyers have sought a very narrow interpretation of this, arguing that walking and horseback riding are the only activities permitted. In what some termed a bizarre turn of events, lawyers for Darwall told the supreme court last year that picnicking did not count as open-air recreation and was therefore trespass. Experts including the Open Spaces Society warned the court that agreeing with Darwall's interpretation of the law would have wide implications for how people enjoyed Dartmoor, potentially prohibiting activities including bathing, sketching, rock climbing, bird watching and fishing. Since the case was brought, thousands of protesters have flocked to Dartmoor to camp under the stars and argue for their continued right to do so. After the verdict, campaigners have urged the Labour party to revive plans to legalise the right to roam across England. This was promised in opposition but ditched by the party as it wrote its manifesto last year, after pressure from countryside groups. Guy Shrubsole from the Right to Roam campaign said: 'The verdict is a relief – but Dartmoor remains the only place in England and Wales where the public has a right to wild camp, and can lawfully experience the magic of sleeping under the stars. 'And the fact that one wealthy landowner, Alexander Darwall, was able to temporarily remove a right that belonged to everyone demonstrates how England's system of access is utterly broken. 'The Labour government must now pass a new right to roam act to defend and extend the public's rights to access nature in England. Ministers must urgently change the law – not only to protect the right to wild camp on Dartmoor from future challenges, but to expand the public's right of responsible access to the wider countryside.'
The Independent
20-05-2025
- Politics
- The Independent
Wild campers set to find out if they're banned from Dartmoor after wealthy couple's bid to keep public off their land
Wild campers are set to discover if they can continue to enjoy the scenic beauty of Dartmoor as a long-running legal dispute comes to a head on Wednesday. Landowners Alexander and Diana Darwall are challenging a Court of Appeal ruling which says that members of the public have the right to wild camp in the national park of Devon. In recent years, the right to pitch a tent in the wilderness and enjoy an evening among nature has prompted a fierce debate, with Labour once promising it would legislate for a right to wild camp in all national parks. In the case of Dartmoor, a 368-square mile area that features 'commons' (land that the public has specific rights to use), camping had been assumed to be allowed since 1985 under the terms set out under the Dartmoor Commons Act. While wild camping is allowed in large parts of Scotland, Dartmoor marked the only place in England that such an activity was allowed without requiring permission from a landowner. Mr Darwall, a multi-millionaire hedge fund manager, purchased the 4,000 acre Blachford estate in southern Dartmoor in 2013. He and his wife keep cattle on part of the land which is called Stall Moor, and have argued that campers cause problems to livestock and damage the natural surroundings. Commenting on the case, Mr Darwall had previously said that many campers do not observe the 'leave no trace' principle, and that campfires can cause 'habitat destruction' or 'devastating damage' if it turns into a wildfire. The case hinges on whether wild camping can be classified as open-air recreation. In the Dartmoor Commons Act 1985, it states that the 'public shall have the right of access to the commons on foot and on horseback for the purpose of open-air recreation'. Lawyers for the Darwalls have argued that the nearly 40-year piece of legislation means that it only provides access for walking and riding. This is strongly contested by lawyers representing the Dartmoor National Park Authority (DNPA), who have said that the phrase 'on foot' means access should be pedestrian and not by means of a vehicle. The DNPA have also disputed the concerns of damage caused by camping, describing the reported impact to land and vegetation as 'absurd'. In written submissions, Richard KC 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.' Since launching his campaign to ban wild campers from his estate, thousands of campaigners have joined a protest movement asserting their right to camp freely around the beauty spot. During the first stage of their legal battle in January 2023, the Darwalls won their High Court case, which ruled that the law did not give people the right to pitch tents overnight without landowners' permission. However, just months later the Court of Appeal overturned this decision, finding the law gave people '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. The Darwalls were then allowed to pursue their case in the Supreme Court, with a final ruling expected on Wednesday.
