Wild Camping on Dartmoor Returns After Successful Appeal
The public may once again wild camp in Dartmoor without landowner permission, as the National Park Authority prevailed in its lawsuit. The right to do so was permitted by a decades-old local law until January of this year, when a local landowner challenged it. It will once more be the only site in England where camping in the wild is permitted without permission.
Open Spaces Society, which additionally lodged the petition, expressed joy. This case centered on whether or not untamed camping qualifies as open-air recreation, which is permitted in the Park under the Dartmoor Commons Act of 1985. Alexander Darwall, a manager of a hedge fund, and his wife Diana, who have owned a 4,000-acre (16 km2) estate in southern Dartmoor since 2013 disputed that it did not and tried to cancel their camping permission.
In January, their initial High Court challenge and victory attracted tens of thousands of protestors and sparked a nationwide discussion on public access to the English countryside.
Mass Protests Against Unregulated Camping in Dartmoor Emerge
The National Park Authority and the Open Spaces Society (OSS), the oldest conservation charity in the United Kingdom, lodged an appeal against this decision this month. In the brief ruling affirming the charities’ victory, Lord Justice Underhill stated that wild camping plainly fell under the definition of open-air recreation because many people enjoyed the experience of sleeping in a tent in the wilderness.
Kate Ashbrook, general secretary of the Open Spaces Society, exclaimed, “This is an excellent outcome; we are relieved that the judges ruled unanimously and conclusively that backpack camping on the commons is open-air recreation. Kevin Bishop, chief executive officer of the Dartmoor National Park Authority, stated that the ruling allows people to enjoy the pleasures of backpack camping on Dartmoor, so long as they adhere to the ‘leave no trace’ principle.
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Darwalls’ Spokesperson Reached Out for Clarification
Two weeks ago, at the hearing, there were some bizarre exchanges between the attorneys and justices. Timothy Morshead KC, representing the Darwalls, argued that sleep cannot be deemed recreation because you are unconscious during sleep.
However, one of the presiding judges, Sir Geoffrey Vos, stated that there was no distinction between a walker or painter who paused on the ground after their activity and fell asleep and a walker who entered the park and set up a tent. Morshead stated that the Darwalls objected to the erection of tent structures. The justices then asked him where the line should be drawn regarding the erection of structures; would inflatable goalposts from Argos for children to play football be permitted?
Tim Straker KC, representing the Park and OSS, stated that wild camping does not involve large structures such as camper vans, which on Dartmoor are restricted to designated or registered sites. After the verdict was announced on Monday, environmental charities and activists reacted with elation.
Caroline Lucas, a member of the Green Party, described it as a major victory for re-establishing our connection with nature and the land we call home. Guy Shrubsole, co-founder of the campaign group Right to Roam, stated that the battle for land rights would continue. He advocated for a new Right to Roam Act to be passed in England to ensure that camping in the countryside could be expanded beyond Dartmoor.
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Source: BBC News, The Guardian
