Legal action launched over wildlife habitat decline on Dartmoor

In a landmark move aimed at restoring the ecological balance of Dartmoor's unique habitats, Wild Justice has initiated High Court legal action against the Dartmoor Commoners’ Council (DCC). 

The not-for-profit organisation seeks to compel the DCC to take decisive action against the rampant overgrazing that is contributing to the deterioration of vital wildlife habitats on Dartmoor common land.

Wild Justice argues that the current approach, which was outlined in the government’s response to the Fursdon Review released earlier this year, falls short of what is needed to address the crisis.

The organisation critically asserts that the suggestion to create another “talking shop” is insufficient and calls for the DCC to wield its parliamentary powers to implement regulations that would effectively remedy the situation.

Spanning an impressive 95,000 hectares, Dartmoor National Park is home to 46,000 hectares of moorland, of which 36,000 hectares comprises registered common land. Containing 92 separate registered commons and 54 commons owners, the area allows "commoners" to graze sheep, cattle, and ponies; a practice that Wild Justice claims has not been managed properly in recent years.

Parts of the Dartmoor commons are classified as Sites of Special Scientific Interest (SSSI) and Special Areas of Conservation (SAC), underscoring their ecological significance. However, Wild Justice asserts that the DCC has failed to meet its legal responsibilities defined in the Dartmoor Commons Act of 1985, notably regarding the control of overstocking.

The group’s application cites several breaches, including the DCC’s failure to enforce regulations aimed at preventing overstocking - specifically, the omission of limitation notices in over a decade. 

Wild Justice maintains that the DCC’s lack of action contradicts its statutory duties to conserve and enhance Dartmoor's natural beauty and wildlife.

In a critical statement, Dr Avery from Wild Justice remarked, “The solution to the poor state of wildlife on Dartmoor is not another talking shop, but rather requires all regulators, which have been given powers by Parliament, to enforce measures that will bring Dartmoor’s wildlife into the state that existing legislation and government targets require.”

The relationship between land management practices, such as upland grazing and burning, and the health of protected areas has been a key focus of recent reviews. 

The Fursdon Review highlighted the necessity for a comprehensive landscape-level vision for Dartmoor, one that encompasses a clear strategy to restore the condition of SSSIs. 

Wild Justice argues that these recommendations do not adequately address the urgent need for regulatory enforcement.

Particularly concerning is the impact of overgrazing, especially by sheep during the winter months, which Wild Justice identifies as a significant barrier to the recovery of Dartmoor's internationally important heathland habitats. 

The organisation also noted that the encroachment of purple moor grass in the central blanket bogs further exacerbates the problem.

Represented by environmental lawyers Carol Day and Ricardo Gama from Leigh Day, Wild Justice is optimistic that the judicial review will clarify the DCC’s statutory obligations. Carol Day emphasised the urgency of the matter, stating: “Our client is concerned about the parlous state of the Dartmoor commons and hopes this judicial review will clarify how DCC should be exercising its statutory duties to protect and enhance these nationally and internationally important habitats.”