The Battle for Dartmoor: Wild camping survives the threat with momentous decision

The UK Supreme Court has today delivered a landmark judgment that confirms the public's right to backpack camp on Dartmoor, settling a legal dispute that has drawn national attention and securing a long-standing tradition of open-air recreation in the National Park.

The ruling affirms the interpretation of the Dartmoor Commons Act 1985, specifically the phrase "open-air recreation," to include activities such as picnicking, birdwatching, sketching, and crucially, backpack camping—the central issue in the case.

The historic right to wild camp on Dartmoor, the only place in England where such activity has long been legally allowed without landowner permission, came under unprecedented threat following a landmark High Court ruling that has sparked national outrage and reinvigorated the Right to Roam movement.

At the centre of the legal storm are wealthy landowners Alexander and Diana Darwall, who own the 4,000-acre Blachford Estate in Dartmoor. In January 2023, they took Dartmoor National Park Authority (DNPA) to court in an attempt to overturn the presumed public right to wild camp on privately owned sections of the moor - a right that had, until then, been understood to be protected under the Dartmoor Commons Act of 1985.

The Darwalls' lawyers argued that wild camping did not fall under the Act’s definition of "open-air recreation," which does not explicitly mention camping. DNPA’s legal team contended the Act was intentionally broad to include various recreational activities, including camping, and noted that wild camping had caused virtually no issues in the 36 years since the Act came into force. They pointed out that camping was not listed among the activities prohibited by the legislation.

Despite this, on Friday, 13th January - a date many now see as symbolic - the High Court sided with the Darwalls. In his ruling, Sir Julian Flaux concluded that, “on its true construction, section 10(1) of the 1985 Act does not confer on the public any right to pitch tents or otherwise make camp overnight on Dartmoor Commons. Any such camping requires the consent of the landowner”.

The judgment was described by campaigners and access organisations as a devastating blow to public rights and a dangerous precedent for access to nature in the UK.

The ruling sparked immediate backlash from outdoor and environmental groups, campaigners, writers, and members of the public.

Kate Ashbrook, general secretary of the Open Spaces Society, called the judgment “flawed” and stressed the implications extended far beyond Dartmoor: “The ruling has precipitated a vast public movement for greater access to our countryside, and it has highlighted not only the fragility of the access we have, but also the need for it to be secure in law.”

Emma Linford of The Stars Are For Everyone campaign, who attended the court hearings, commented: “We saw at our peaceful rallies in Princetown and London the huge opposition to this case which, at its heart, is about rolling back the public’s right to enjoy a peaceful act of recreation and deep connection with nature.”

In response to the ruling, more than 3,000 people gathered in protest on Saturday, 21st January, in what was described as the largest access rights protest in a generation. Held on the Darwalls’ land, the protesters called for the restoration of the public’s right to wild camp freely on Dartmoor, rejecting any notion of replacing that right with “permissive access” granted at landowners' discretion — especially if public funds were used to secure such agreements.

The DNPA then formally announced that it would seek permission to appeal the High Court judgment. Dr Kevin Bishop, Chief Executive of DNPA, stated: “Our National Parks were designated by Parliament for their national importance… When the legislation to establish National Parks was introduced it was described as a people's charter — for the hikers and the ramblers, for everyone who lives to get out into the open air and enjoy the countryside.”

The Dartmoor National Park Authority (DNPA) has today welcomed the decision, saying it provides much-needed legal clarity and reinforces the authority’s role in regulating responsible access to Dartmoor’s commons.

“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,” said Dr Kevin Bishop, Chief Executive of the Dartmoor National Park Authority. “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.”

DNPA emphasised that this right is framed and supported by local byelaws that guide the safe and sustainable enjoyment of the landscape, balancing public access with the rights of landowners and the need to protect Dartmoor’s unique environment for future generations.

“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,” Dr Bishop added. “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 Authority now looks to the future, aiming to foster collaboration between stakeholders including landowners, farmers, communities and conservationists.

“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,” said Dr Bishop.

“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.”

As the legend of Dartmoor’s guardian spirit Old Crockern reminds us: “Tell the man that I know his mighty plans… if he as much as scratches my back with a plough share, I’ll tear his pockets out.” The moor, and the people who love it, have spoken.