Court of Appeal agrees to hear appeal of Dartmoor wild camping ruling
Dartmoor National Park Authority has been granted leave to appeal a controversial High Court ruling that found that visitors do not have the right to camp overnight in the park without landowner consent.
The judgment, which also concluded that there was no local custom of camping which has the force of law, gained national attention and triggered a series of protests from local camping enthusiasts.
In Darwall & Anor v Dartmoor National Park Authority [2023] EWHC 35 (Ch) (13 January 2023), Sir Julian Flaux dismissed arguments from the DNPA that centred around section 10(1) in the Dartmoor Commons Act 1985, which states that "the public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation".
The High Court judge ruled that: "In my judgment, the meaning of section 10(1) is clear and unambiguous: it confers the right to roam on the Commons, which does not include, whether as a matter of construction or of necessary implication, a right to wild camp without permission. It was never the purpose of the statutory provision to give more than that right to roam."
He also rejected the DNPA's contention that wild camping on Dartmoor should be considered "settled practice", concluding that the material before the Court came "nowhere near establishing the settled practice for which DNPA contends".
However, visitors are still allowed to wild camp on around 80% of the land in the National Park without the need for consent, thanks to agreements reached between landowners and the national park following the High Court decision.
The DNPA said it agreed to pay the landowners an undisclosed sum as part of the deal. At the time of the agreement, it said the authority had not budgeted for the payments and planned to write to Defra for financial support.
The national park is set to discuss its position regarding the appeal at an authority meeting on 14 April.
A spokesperson for the DNPA said: "Notwithstanding the ongoing legal proceedings, the authority remains committed to working in partnership with landowners and others to ensure a permissive approach to backpack camping is successful."
They added: "Our vision is to provide opportunities for all parts of society to enjoy Dartmoor National Park in ways which respect and protect the special qualities of the National Park while respecting that the majority of the National Park is owned by private individuals."
Adam Carey
