Dartmoor wild camping legal challenge goes to Supreme Court

October 8

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Wild camping is a form of open air recreation the Court of Appeal ruled

A long-running legal challenge over the right to wild camp on Dartmoor is being heard at the Supreme Court in London.

Alexander and Diana Darwall are challenging a Court of Appeal ruling which said people can wild camp on some privately-owned commons in the national park in Devon.

The couple keep cattle on Stall Moor, which forms part of their 4,000 acre (16 sq km) estate, and claim that some campers cause problems to livestock and the environment.

Dartmoor National Park Authority (DNPA), has said that it would seek “to defend the public’s right to access the national park for open-air recreation” while continuing work to “protect Dartmoor’s unique characteristics”.

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Campaigners take their message to the moor

Dartmoor National Park, designated in 1951, covers a 368-square mile (953 sq km) area that features commons, areas of unenclosed privately owned moorland where locals can put livestock.

The Darwalls won a High Court case in January 2023 to be allowed to remove people backpack camping on their land.

The DNPA asked appeal judges to overturn the High Court’s decision and in July 2023, the Court of Appeal ruled in the DNPA’s favour, with judges saying the “critical question” was whether wild camping could be considered a form of “open-air recreation”, and finding it was.

In January, Mr and Mrs Darwall were given the green light to take the case to the Supreme Court.

Hedge fund manager Mr Darwall said ahead of the Supreme Court hearing: “No-one is suggesting restricting public access to walk or ride in the national park.

“But the extent of recreational activity is an important issue if we want to preserve the open moor for the long term.”

He said campfires on dry ground were dangerous and campers often left litter and human excrement.

Campaigners The Stars are for Everyone, who were part of a demonstration at Hound Tor on Sunday, said whatever the outcome, the Darwalls’ legal action had “succeeded in unleashing something powerful and ancient, a commitment to our commons, our love for the land, our right to belong”.

The hearing is due to last one day and a judgment is expected at a later date.

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