We’re not out of the woods yet

On Friday, 25th August, Dartmoor National Park Authority (DNPA) was notified that an application seeking to appeal the Court of Appeal’s judgment on back-pack camping on the moors had been lodged with the Supreme Court. Dartmoor National Park Authority and its members agreed to object to the application and, should the Supreme Court grant permission for a hearing, agreed that the Authority is represented to argue its case.

This comes after many felt a sense of relief and victory when the Court of Appeal fell on the side of DNPA in the case which saw wealthy landowner Alexander Darwall claim that backpack camping should not be allowed on his land, nor Dartmoor generally. Now it appears that relief was short-lived as Mr Darwall is appealing against the court decision.

Speaking after an urgently-called meeting, Dartmoor National Park Authority’s Chief Executive and National Park Officer Dr Kevin Bishop said: “We respect the right of Mr and Mrs Darwall to seek permission to appeal to the Supreme Court but are disappointed that the unanimous decision of the Court of Appeal might not be the end of the legal process. 

“The Authority is clear about its role to protect opportunities for people to enjoy the National Park responsibly and in ways that are respectful of its environment and the people who live and work here.”

The ongoing case hinges on the legal meaning of words in the Dartmoor Commons Act 1985; specifically, whether backpack camping on certain areas of common land counts as a form of open-air recreation and can be done without needing landowner permission first.

The Authority has sought to defend the public’s right to access the National Park for open air recreation ever since the case was brought before the courts; first at the High Court and then the Court of Appeal.

The Supreme Court of the United Kingdom (SCUK) is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales, and Northern Ireland.