Latest news with #Darwall
The Sun
22-05-2025
- 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.
The Independent
21-05-2025
- General
- The Independent
Public has the right to wild camp on Dartmoor, Supreme Court rules
The public does have the right to wild camp on Dartmoor, the Supreme Court has ruled. Five justices unanimously ruled on Wednesday that the term 'recreation' in the law governing the use of the national park in Devon is used 'without qualification as to the form which it should take'. Two landowners, Alexander and Diana Darwall, 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. Mr and Mrs Darwall keep cattle on Stall Moor, which forms part of their more than 3,450-acre estate in the southern part of the national park. 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 that some campers cause problems to livestock and the environment, and that 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 suggestion that erecting 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.'
Time of India
21-05-2025
- Time of India
What is the Dartmoor wild camping dispute? UK Supreme Court restores public right to the camp
In a landmark decision, the UK Supreme Court has ruled that wild camping is legal on Dartmoor , restoring a long-standing public right that had been challenged by a wealthy landowner. The ruling concludes a two-year legal battle initiated by hedge fund manager Alexander Darwall, who sought to ban camping on his 4,000-acre estate in Dartmoor National Park. The court held that the Dartmoor Commons Act 1985 allows for wild camping as a legitimate form of 'open-air recreation.' This decision marks a significant victory for land access rights in England. The legal battle over wild camping at Dartamoor Alexander Darwall, Dartmoor's sixth-largest landowner, purchased the Blachford estate in 2013. He objected to people camping on his land without permission, citing concerns about conservation and livestock safety. In 2023, Darwall won in the High Court, which ruled that wild camping was not covered under existing public access rights. This triggered widespread backlash and an appeal from the Dartmoor National Park Authority (DNPA), supported by public protests and land rights activists. Supreme Court clarifies 'open-air recreation' The case hinged on the interpretation of the term 'open-air recreation' under the Dartmoor Commons Act. Darwall's legal team argued for a narrow definition limited to walking and horseback riding. In contrast, the DNPA and campaigners contended that activities like camping, picnicking, and bird watching were valid recreational uses. The Supreme Court ultimately agreed with the broader interpretation, concluding that wild camping is a legitimate form of enjoying Dartmoor's natural beauty. Public reaction and campaigner response The ruling has been celebrated by activists and local communities. Thousands had camped in protest over the past year to assert their right to access Dartmoor. Campaigners from the Right to Roam group hailed the decision as a 'relief,' while highlighting the fragility of access laws in England. MP Caroline Voaden called the judgment a 'vindication' and urged further legislative action to extend wild camping rights across the UK. Calls for national access reform Following the decision, campaigners are pushing for a new Right to Roam Act that would expand public access to nature beyond Dartmoor. Labour had previously promised such reforms while in opposition but has yet to include them in its current manifesto. The Supreme Court's verdict has renewed pressure on the government to ensure that public access rights are protected and expanded for future generations. A victory for Dartmoor and public access Kevin Bishop, CEO of the DNPA, welcomed the ruling, emphasizing that national parks are meant to serve all people, not just a privileged few. He assured that responsible access would be promoted, balancing the needs of landowners and the public. The Supreme Court's decision secures the unique tradition of wild camping in Dartmoor and sets a precedent for broader land access rights in England.
Telegraph
21-05-2025
- Politics
- Telegraph
Landowners don't have right to kick wild campers off Dartmoor
Landowners do not have the right to kick wild campers off Dartmoor, the Supreme Court has ruled. Five justices unanimously ruled on Wednesday that the public has the right to wild camp in the national park in Devon. They said that the term 'recreation' in the law governing the use of Dartmoor is used 'without qualification as to the form which it should take'. Two landowners, Alexander and Diana Darwall, 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. Mr and Mrs Darwall keep cattle on Stall Moor, which forms part of their more than 3,450-acre estate in the southern part of the national park. 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 that some campers cause problems to livestock and the environment, and that the law only gives the public access on foot and horseback, 'which naturally means walking and riding'. 'Absurd' The Dartmoor National Park Authority (DNPA) opposed the challenge, with its lawyers labelling the suggestion that erecting 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 backwards', 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.' 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.' He 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.'
Sky News
21-05-2025
- General
- Sky News
Public does have right to wild camp on Dartmoor, Supreme Court rules
The public has the right to wild camp on Dartmoor, the Supreme Court has ruled. Five judges unanimously dismissed a legal challenge brought by landowners Alexander and Diana Darwall following a Court of Appeal ruling that said the law allows people to wild camp on the Dartmoor Commons in Devon. Lawyers for the couple told the UK's highest court that some campers cause problems to livestock and the environment on Stall Moor, which is part of Mr and Mrs Darwall's 3,450-acre estate in the south of the national park. Dartmoor became the only place in England where wild camping is allowed without permission from landowners following a piece of legislation in 1985, under which "open-air recreation" is permitted if one enters the common on foot or horseback. Dartmoor National Park, designated in 1951, covers a 368sq m area that features "commons" - areas of unenclosed privately owned moorland where locals can put livestock. Please refresh the page for the fullest version.
