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Huge boost for wild camping as Brits CAN use one of UK's best-loved national parks in blow for millionaire nimbys
Huge boost for wild camping as Brits CAN use one of UK's best-loved national parks in blow for millionaire nimbys

The Sun

time22-05-2025

  • Politics
  • The Sun

Huge boost for wild camping as Brits CAN use one of UK's best-loved national parks in blow for millionaire nimbys

I HAVE wild camped on Dartmoor more times than I can count and the fact that this right was even debated in court seemed ludicrous to me. Back in 2021, the battle for the right to wild camp on Dartmoor ensued. 7 Following back-and-forth debates incourts, the Supreme Court has ruled that wild camping IS allowed in one of the UK's most-loved national parks. I am not surprised with the decision and I welcome it with open arms. As do the campaigners, that for the past four years have been fighting for something that should not have been questioned in the first place. Landowners (and millionaires) Alexander and Diana Darwall started the battle, claiming that people should not be able to camp without permission from landowners. The Darwalls created the argument as part of their 4,000-acre estate on Stall Moor near Cornwood, spilt into Dartmoor National Park. As a result, the tradition of wild camping was in jeopardy. And in January 2023, the High Court ruled that the Darwalls were allowed to remove campers from their site. Their legal team claimed that the Dartmoor Commons Act 1985, which allows access for "open-air recreation", did not include overnight camping. Outrage at the decision obviously arose and debates garnered national attention over the future of wild camping. Then in July 2023, the Court of Appeal overturned the High Court ruling in July 2023, restoring the right to wild camp. But the NIMBY's didn't stop there, as the Darwalls appealed to the Supreme Court - whose judges unanimously rejected their appeal yesterday. Most weekends as a teenager, I would camp on the moors as part of training for Ten Tors - an annual hiking event for teenagers, hosted by the army. I would be walking from the early hours of the morning, sometimes until midnight - carrying at least 10kg on my back and often fighting the harshest of conditions. By the time it came to setting up camp in the dark, being able to pitch up my tent near enough anywhere, did not even cross my mind. Myself and my team would pitch our two small tents, in the dark, with nothing but torches. To date, the three events (35, 45 and 55 miles) that I participated in over three years were the biggest challenges of my life - mentally and physically. For thousands of teenagers who participate each year, I can guarantee the same. 7 If yesterday's decision swung the other way, I am unsure of the impact this would have on the event and the training thousands undertake each year. All I know is it would not have been a positive impact. Wild camping is nothing like camping at a camp site. Often you are exposed to the elements - but you get to truly be in the wild, surrounded by rolling hills and tors, flourishing rivers and streams and the only pitch black sky with bright stars I have seen in my life. Yesterday's ruling essentially means that people are legally allowed to camp in set areas of Dartmoor - they just need to follow a code of conduct. This includes leaving "no trace", the park authority has said. Tents and camping equipment must also fit in a carriable backpack, with no more than six people allowed to camp together. 7 Following the decision, social media and forums have also been flooded with comments from the public. One person commented: "A good ruling based on the common understanding of the words 'open-air recreation'. "Absolutely mad that it had to go all the way to the Supreme Court to rule on something so blindingly obvious." Another added: "Thanks to whoever updated the Wikipedia entry of Alexander Darwall, whose nimby campaign to ban wild camping on Dartmoor has just been upheld in the courts." Darwall's Wikipedia page was updated to include "enemy of the people", but has since been removed. When I watched the court hearing back in October, the argument boiled down to one sentence of the archaic Dartmoor Commons Act 1985. Section 10(1) of the Act states: "[T]he public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation." 7 The court had to decide whether this section gave "the public a right to pitch tents or otherwise make camp overnight on the Dartmoor Commons". The Supreme Court ruling said: "Within Dartmoor National Park, there are areas of moorland which are privately owned but on which other locals have the right to put their livestock. "The clear wording of section 10(1) shows that it confers a right of public access which includes wild camping." Commenting on the ruling, Dartmoor Preservation Association CEO, Tom Usher, said: "This is an historic victory for public access, the DPA are very proud to have played a central role in campaigning to keep backpack camping on Dartmoor as a right. "This has been achieved through the work of many people and we salute the courage of the National Park Authority in fighting this case to the end." Dr Kevin Bishop, chief executive of Dartmoor National Park Authority, added: "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. "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." 7 Daniel Davy, founder of Dartmoor Wild Camping Action Group, said: "So yesterday was an emotional one. "We are so lucky to have the right to wild camp in Devon and the myriad of benefits it's brings, and it's about time that everyone had access to these wild spaces and experiences that shape so many lives. "We are going to take this fight to other national parks so that everyone in the country can experience what we are so lucky too on Dartmoor. "This could be the pebble that creates the splash, which turns into a wave that is access reform across the country." The group will be hosting a gathering on Monday at Haytor on Dartmoor to celebrate the ruling. Dartmoor on horseback is also the perfect way to enjoy the vast Devon moorland. Plus, the best 'almost wild' holiday campsites in the UK for families this summer.

Dartmoor wild camping about responsibility not just rights
Dartmoor wild camping about responsibility not just rights

BBC News

time22-05-2025

  • BBC News

Dartmoor wild camping about responsibility not just rights

Wild camping is "not about large tents and fairy lights" Dartmoor's authority has said after a court decision affirming the right to pitch a tent on the Court judges unanimously rejected an appeal by landowners Alexander and Diana Darwall who said people should not be able to camp without permission from Supreme Court ruling means that people are legally allowed to camp in set areas of Dartmoor if they follow a code of wild campers are being urged to "tread lightly and leave no trace", by the park authority after the ruling. 'Sense prevailed' Wild camping has long been legal in Scotland under the Land Reform (Scotland) Act 2003, but in England there is no general right to wild camp on most private land, with Dartmoor being an exception.A code of conduct says tents and camping equipment must fit in a carriable backpack and no more than six people are allowed to camp together."It's only in certain areas, you can't just turn up and pitch up and it's not about large tents and fairy lights," said Dr Kevin Bishop, chief executive of Dartmoor National Park Authority."I'm certain that this case has put Dartmoor on the map for backpack camping, but please look at our website," he urged."Before you come check where you can go and what you can do." Tom Backhouse, who grew up exploring Dartmoor, said the ruling was a chance to reconnect with nature, if done respectfully. "We're guests on this land, the ecosystems and wildlife have been here far longer than us, so walking in and out without leaving a trace is vital," he Backhouse, who runs Wildcamp which promotes wild camping, said: "I'm genuinely pleased that sense prevailed on Dartmoor. "People have enjoyed that land for centuries. "Our hope is that responsible wild camping becomes a legal right in more places, just like in Scotland." Emma Preece, a solicitor who represents landowners at Charles Russell Speechlys, said the ruling may lead to a short-term influx of campers, but she did not believe it would lead to a rise in irresponsible behaviour. "Rural landowners need not panic," she said."The Supreme Court's decision won't open the floodgates as it is limited to the application of legislation specific to Dartmoor Commons."Landowners still have protections under other legislation."This isn't a green light for damage, it's a reminder of the balance between access and stewardship." What are campers allowed to do?Tents and camping equipment must fit in a carriable backpackNo more than six people are allowed to camp togetherCampers must blend into the landscape, out of sight from roads and buildingsMaximum camping length is two nightsNo overnight stays in vehicles, campervans or motorhomesLeave no trace - do not light fires and take all rubbish away Dr Bishop said: "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."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." Richard Broadbent, environmental lawyer at national law firm Freeths, said bad behaviour by visitors to Dartmoor was partly down to access to wild areas being a novelty in England there is no general right to wild camp on most private land - Dartmoor is a rare exception - while wild camping has long been legal in Scotland."We need a 'both-and' approach," he said. "Yes to access, but also yes to education and responsibility. "If we normalise outdoor experiences from a young age, we'll see fewer problems like littering or fire damage."

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
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

Daily Mail​

time21-05-2025

  • 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.'

Supreme Court rules wild camping on Dartmoor is legal
Supreme Court rules wild camping on Dartmoor is legal

Times

time21-05-2025

  • 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

Supreme Court backs wild camping on Dartmoor
Supreme Court backs wild camping on Dartmoor

BBC News

time21-05-2025

  • Politics
  • BBC News

Supreme Court backs wild camping on Dartmoor

The legal right to wild camp on Dartmoor has been upheld by the Supreme Court in a decision that is likely to reignite the debate over public access to land in unanimously rejected an appeal by landowners Alexander and Diana Darwall who said people should not be able to camp without permission from judgment centred on the interpretation of a Dartmoor by-law that states "the public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation". This breaking news story is being updated and more details will be published shortly. Please refresh the page for the fullest can receive Breaking News on a smartphone or tablet via the BBC News App. You can also follow @BBCBreaking on X to get the latest alerts.

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