**Supreme Court Confirms Public Right to Wild Camp on Dartmoor**
In a landmark decision today, the Supreme Court has affirmed that members of the public can legally wild camp on Dartmoor without the explicit permission of landowners. The unanimous verdict, published on Wednesday, brings clarity to a long-standing debate over public rights in one of England’s most iconic natural landscapes.
The judgement centres on the interpretation of the Dartmoor Commons Act 1985, which states that “the public shall have the right of access to the commons on foot and on horseback for the purpose of open-air recreation”. At issue was whether this included the right to pitch a tent and sleep overnight, or whether access was confined only to walking and riding.
This legal challenge was spearheaded by Alexander and Diana Darwall, owners of a 3,450-acre estate encompassing part of Stall Moor in southern Dartmoor. The Darwalls, who keep cattle on their land, argued through their legal team that camping caused significant problems for livestock and the moor’s delicate environment. They contended that the law’s meaning should extend solely to access for walking or riding.
During hearings last autumn, the Darwalls’ legal team highlighted potential threats to livestock, fears about environmental degradation, and the risk of wildfires associated with camping. They emphasised their role as stewards of the land and stated that their challenge was not intended as a blanket ban on camping, but as a means to protect the land.
The Dartmoor National Park Authority (DNPA) robustly opposed the challenge, treating the suggestion that merely erecting a tent was harmful to the land as “absurd”. Their position was supported by many campaigners and local residents who saw wild camping as a long-cherished tradition in the national park, which covers approximately 368 square miles and was designated in 1951. Dartmoor is unique in being the only location in England where wild camping was considered to be legally permitted for decades.
Initially, the controversy intensified early last year when High Court judge Sir Julian Flaux sided with the Darwalls, ruling that wild camping was not covered by the 1985 Act unless explicit landowner consent was given. Campaigners described the decision as regressive and voiced concern about the potential impact not just on camping but on related activities such as bird-watching and fishing.
However, the DNPA responded by appealing the judgment, and in July 2023, the Court of Appeal overturned the earlier decision. The court held that wild camping fell under “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, in presenting the verdict, concluded that “open-air recreation” was broad enough to encompass sleeping overnight.
In today’s final ruling, Lords Sales and Stephens concluded that restricting the concept of “recreation” solely to walking or riding was inconsistent with both commonsense and legislative intent. They noted that recreation “is used without qualification as to the form it should take” and that a limited reading would “create an unjustified and unrealistic limit on the park authority’s power to repair damage on the commons”.
The Supreme Court also highlighted mechanisms already in place for managing the impact of camping, pointing to the DNPA’s authority to create and enforce bylaws and to regulate activities on the commons. This, the judges observed, provides a balanced approach that both protects sensitive moorland and allows continued public access.
While some concerns remain among landowners regarding the practical implications for land management, Wednesday’s decision was warmly welcomed by open access advocates who hailed it as a significant step towards maintaining the UK’s tradition of public land access. The ruling is expected to provide crucial assurance to outdoor enthusiasts as well as to those developing policy on countryside access nationwide.
This moment is widely regarded as a reaffirmation of the public’s right to enjoy Dartmoor’s rugged beauty responsibly—a right now clearly protected by the highest court in the land.