What the decision means for landowners, farmers and public access to open countryside in England and Wales
The Supreme Court ruling earlier this year dismissing the attempt by Dartmoor landowners, Mr & Mrs Darwall, to ban wild campers’ access to Dartmoor common land within their Dartmoor estate, has worried many farmers and landowners.
Since the Darwalls lost their case, there has been concern that the Court’s ruling would open the door to a widespread extension of the right to wild camp on open access land in England and Wales, something that is being actively promoted by several campaigning organisations. In fact, the ruling only relates to Dartmoor National Park (the only National Park in England where a right to wild camp exists) and has no legal authority elsewhere. However, despite genuine anxiety, any extension of a right to wild camp is very unlikely in the short to medium term.
Legal background: The Darwalls vs Dartmoor National Park Authority
Alexander and Diana Darwall, whose 4000-acre Blachford Manor estate includes Stall Moor, part of the Dartmoor Commons, believed that wild camping was having a negative impact on their farming activities and local wildlife. They brought a claim against the Dartmoor National Park Authority (DNPA) arguing that Section 10 (1) of the Dartmoor Commons Act 1985 did not confer a right to wild camp. The High Court agreed with them that the Act conferred a right to access to the Commons by foot or by horse but not a right to camp. The DNPA appealed.
The Court of Appeal disagreed, ruling that the Darwalls’ interpretation of Section 10 (1) was too narrow. It did confer a right and one that was consistent with the DNPA’s byelaws. The Darwalls appealed to the Supreme Court, which upheld the Court of Appeal’s ruling. The judges agreed unanimously that the words ‘open-air recreation’ in Section 10 (1): ‘…the public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation…’, referred to a wide range of outdoor activities, including wild camping, and not just walking or riding.
Why are farmers and landowners concerned about wild camping?
Other than Dartmoor National Park, anyone wishing to wild camp in a national park (or elsewhere) must obtain permission from the landowner to do so. Traditionally, wild campers have been drawn from the ranks of the environmentally aware, committed to leaving no trace other than footprints, meaning that landowners in many areas have been happy to give permission. A significant change occurred after Covid restrictions were lifted, encouraging many more visitors to the countryside, many of whom were unfamiliar with the Countryside Code, with a minority indulging in anti-social activity including fly-camping, littering, environmental damage, and livestock disturbance. Given this background, the prospect of extending a right to wild camp makes farmers and landowners understandably nervous.
Could the right to wild camping be extended beyond Dartmoor?
The Open Spaces Society (OSS), the Campaign for National Parks (CNP), and the British Mountaineering Council (BMC) are among several organisations that view this ruling as a potential springboard for the extension of wild camping across all ‘suitable National Parks in England and Wales.’ In fairness, campaigners support responsible wild camping, citing the DNPA’s byelaws and specific Code of Conduct, which wild campers on Dartmoor are obliged to follow, as the correct way to approach the issue. As the Supreme Court observed, the DNPA has the legal power to protect landowners from problematic camping, a helpful template that could be replicated elsewhere. The CNP is careful to emphasise the need to work closely with national park authorities as well as those who live and work within them, acknowledging that instituting a right to wild camping should not be universal and a trial should be conducted within suitable national parks as part of a proposed roll-out.
Although campaigners may also take heart from those supportive Labour backbenchers who are championing a wider Scottish style right to roam, this is unlikely to cut much ice with the Government. Realistically, given the list of items in its ‘to do’ pile, the chances of this issue rising to the top of the Government’s agenda is very slim. Additionally, the budgetary pressures faced by the national parks means that it is unlikely that any will have the financial resources to invest in an appropriate legal framework needed to regulate a right to wild camp.
Limited political will to promote right to wild camp
A delicate balance exists between protecting property rights and livelihoods while giving the public access to the countryside, and this ruling is unlikely to upset it any time soon. The Court of Appeal’s observation that The National Parks and Access to the Countryside Act 1949 does not explicitly prohibit wild camping, is seen as a fillip to campaigners. Nonetheless, there is a big leap from an omission in a list of restrictions to a comprehensive right to wild camp. There is no obvious political will, and it is difficult to see this changing during the life of this Parliament.
The materials on this website are provided for general information purposes only, and do not provide definitive advice. They do not amount to legal or other professional advice and so you should not rely on any information contained on this website as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published on this site. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
