Who’s Moor? Not Ours Apparently

Katie Webb, Year 3

A recent court decision has stated that the public have no legal right to camp on Dartmoor. What does this mean and how has it come about?

The 1985 Dartmoor Commons Act was assumed to give legal provision for people to wild camp on Dartmoor (Dartmoor Commons Act, 1985). Wild camping is camping outside of a designated campsite and is typically done by hikers on multi day hikes. The act gives the public the right of access for the purpose of “open air recreation.” It was widely accepted that wild camping would come under this.

However, Alexander Darwall, a wealthy hedge fund manager who owns 4000 acres of Dartmoor challenged this interpretation in the High Court. His lawyers argued that the access rights did not extend to people sleeping in a tent. The Dartmoor National Park Authority (DNPA) tried to defend the right to wild camp, by stating that it was not on the list of explicitly banned activities, and that plenty of other types of allowed recreation, such as star-gazing, would require the use of a tent. However, the High Court judge found in Darwall’s favour and this ruling banned wild camping across the whole of Dartmoor (Horton, 2023).

Currently the only place anyone can legally wild camp is Scotland, as the 2003 Land Reform Act guarantees this right, with guidance set out in the Scottish Outdoor Access Code (Land Reform (Scotland) Act, 2003). However, the rest of the UK does not provide the public with the same access rights. In fact, the Right to Roam campaign, an organisation advocating for greater access to nature, found that 92% of England and Wales is off limits to the public even to walk across, let alone camp (Right to Roam, no date). 

Previously, Dartmoor provided a small oasis of greater access, allowing countless people to spend magical nights under the stars. The well-regarded Ten Tors Challenge, an organised event where 4000 young people summit ten tors in a 35, 45 or 55 mile route across two days, has wild camping as an integral aspect. 

Following the court decision, the DNPA hastily negotiated an agreement with landowners to give the public assumed consent to camp on some of their land (DNPA, 2023). This involves the public being able to wild camp on certain (but considerably smaller) areas on Dartmoor, in exchange for a fee, likely paid by the already stretched finances of DNPA. While the DNPA deserves commendation for attempting to find a solution, it is crucial to note that a permissive agreement to wild camp, rather than the previously assumed right, and could be retracted by landowners at a later date. In short, it is far more limited than the right the public was assumed to previously have.

There was a public show of support for the right to wild camp following the ruling, with the issue gaining attention in national newspapers. The Right to Roam organised a peaceful protest walk and spiritual ceremony on Stall moor on Saturday 21^st January, which was attended by approximately 3000 people (Stallard and Marshall, 2023).

The DNPA has also recently announced that they will be seeking permission to appeal the ruling, on the basis that the judge’s decision may be flawed as it was based on a very narrow definition of recreation (Horton, 2023). While the appeal may give supporters of wild camping hope, the subjective and somewhat ambiguous current bylaws highlight the need for access rights to be enshrined in national acts of parliament if we want these rights to be extended and safeguarded. 

Local Leeds North MP, Alex Sobel, was an early Labour voice on the matter, promising that Labour would expand the right to roam (Sobel, 2023). This was followed up with Labour’s shadow Environment secretary, Jim McMahon to state that there needed to be “a rethink” of access to land and waterways, as “access to nature is a matter of social justice.” He went on to declare that if Labour came to office, they would pass a right to roam law, as well as enshrine the right to wild camp on Dartmoor if the DNPA’s appeal is unsuccessful (Horton, 2023). 

It now feels that we are at somewhat of a crossroads. On one hand, the recent court ruling feels a regressive step that is reducing our access to nature. On the other, this may provide the anger needed to galvanise a nation to demand better access rights and change the way we think about laws of land ownership.

References:

Dartmoor Commons Act 1985. (c.37). [Online]. London: The Stationary Office. [Accessed 28/01/23). Available from: https://www.dartmoorcommonerscouncil.org.uk/data/uploads/254.pdf

Dartmoor National Park Authority, 2023. Agreement reached following wild camping discussions. News Release. [Online]. [Accessed 24/01/23]. Available from: https://us12.campaign-archive.com/?u=21b2c661e1dffa9d75479d410&id=7ef3a3e074

Horton, H., 2023. Right to wild camp in England lost in Dartmoor court case. The Guardian. [Online]. 13^th January. [Accessed 14/01/23]. Available from: https://www.theguardian.com/environment/2023/jan/13/dartmoor-estate-landowner-alexander-darwall-court-case-right-to-camp

Horton, H., 2023. Dartmoor park launches attempt to appeal against wild camping ruling. The Guardian. [Online]. 27^th January. [Accessed 28/01/23]. Available from: https://www.theguardian.com/environment/2023/jan/27/dartmoor-national-park-wild-camping-seeks-permission-appeal

Horton, H., 2023. Labur government would pass right to roam act and reverse Dartmoor ban. The Guardian. [Online]. 27^th January. [Accessed 28/01/23]. Available from: https://www.theguardian.com/environment/2023/jan/27/labour-government-would-pass-right-to-roam-act-and-reverse-dartmoor-ban

Land Reform (Scotland) Act 2003 asp 2. (c. 1). [Online]. [Accessed 28/01/23]. Available from: https://www.legislation.gov.uk/asp/2003/2/pdfs/asp_20030002_en.pdf

Right to Roam, no date. The context. [Online]. [Accessed 28/01/23]. Available from: https://www.righttoroam.org.uk/#:~:text=In%202000%2C%20the%20Countryside%20%26%20Rights,coastlines)%20without%20fear%20of%20trespassing.

Sobel, A., 2023. Our National Parks should be open to all and access to Dartmoor is integral to that. Labour will expand the […]. [Twitter]. 13^th January. [Accessed 28^th January]. Available from: https://twitter.com/alexsobel/status/1613861455992074247
Stallard, E., and Marshall, C., 2023. Dartmoor protesters march over right to wild camp. BBC News. [Online]. 21^st January. [Accessed 28/01/23]. Available from: https://www.bbc.co.uk/news/science-environment-64270310