Dartmoor is no longer the only place where you can wild camp in England without seeking permission from the landowner.
A High Court judge recently ruled in favour of the owners of a 16,000-square-kilometre estate in southern Dartmoor, who argued that wild camping goes beyond what is permitted by the law and should therefore be prohibited unless the visitors receive explicit permission from the landowners.
Why did wild camping in Dartmoor become an issue? How will this affect your next backpacking trip to the National Park? Are there any movements to regain the right to wild camp in England? Find out the answers to these pressing questions and more below.
Is Dartmoor Privately Owned?
More than half of Dartmoor belongs to private landowners who form the Dartmoor Common Owners’ Association. Alexander Darwall, a multimillionaire hedge fund manager, is a member of the Association along with his wife, Diana.
Though the law does not allow camping on private properties without approval from the respective owners, the Dartmoor was an exception because of the Dartmoor Commons Act 1985. This legislation enables the public to access the commons “on foot and on horseback for the purposes of open-air recreation.”
The broad definition of “open-air recreation” served as the basis for the access and camping rights of the National Park visitors. Hence, private owners could not exercise complete control over their lands for several decades.
Darwalls vs Dartmoor Wild Campers
As reported by the BBC, the owners of the Blachford Estate in Dartmoor raised the issue by questioning why the Act’s protection included wild camping. The legal team of the Darwalls pointed out that the current byelaws do not cover camping of any kind.
High Court judge, Sir Julian Flaux, agreed with this assertion after a two-day hearing in December 2022. In his explanation, he stressed that “…section 10(1) of the 1985 Act does not confer on the public any right to pitch tents or otherwise make camp overnight on Dartmoor Commons…” Moreover, the ruling specifies how all campers should request permission from the Dartmoor landowners beforehand, which is the practice observed in the UK, except Scotland.
The Dartmoor National Park Authority tried to defend wild camping rights and tradition by highlighting the code of conduct followed by campers. This attempt failed as the judge recognized the evidence of the problems and damage caused by camping to the environment and local livestock.
What does this ruling mean for wild Camping in England?
Pitching a tent in Dartmoor is prohibited if the person does not have permission from the landowner. However, the Act permits travelling by foot or on a horse in Dartmoor, so anyone can go for a walk or have a picnic in the Commons without seeking permission.
Though the decision directly applies to the Blachford Estate, the other landowners in the area may now enact their rights to remove individuals from their respective lands. The case has set a precedent for others in a similar situation.
This does mean the absolute end of camping in Dartmoor. Previously, designated campsites in some regions of the National Park are allocated for travellers using large tents, motorhomes, or campervans. With this recent development, backpackers may have to limit themselves to those campsites for the time being.
To ensure that you will stay on the safe side of the law, we suggest going through our wild camping guide. Pay extra attention to the reminders because Dartmoor is no longer the exception to the rule on asking permission first before pitching your wild camping tent.
Can the Dartmoor National Park Authority appeal?
Yes, they are planning to prepare their appeal despite their disappointment about the outcome of the hearing. According to Timothy Leader, on behalf of the National Park Authority, their team is working on regaining the right to wild camp in Dartmoor. They believe that the ruling made entering Dartmoor by foot or horseback without the landowners’ permission illegal—a contradiction to the established law.
Meanwhile, The Guardian stated that protests would be carried out in the Blachford Estate by the leaders and members of “The Stars are for Everyone” campaign. This movement focuses on securing Dartmoor as a channel for people who wants to feel more connected with nature.
Aside from appealing, Dr Kevin Bishop, the top-ranking official of the National Park Authority, stated that they are “keen” to communicate and cooperate with the landowners and other interested parties to reclaim the right to wild camp in Dartmoor. Further, his team aims to form an agreement with the Dartmoor Common Owners’ Association so that travellers can experience the moors freely again.
The Future of Wild Camping in Dartmoor, England
Though the ruling goes against wild camping in the National Park, both sides have expressed their shared concern over the preservation of Dartmoor and those who wish to explore it.
A statement released by Alexander and Diana Darwall about the ruling indicates the openness of the landowners toward this cause: “…We now hope to engage with the Dartmoor National Park Authority so that we can improve outcomes on the ground. Working together, we can improve conservation of the Dartmoor commons and improve the experience for those enjoying the commons legitimately.”
While waiting for the result of the appeal and other discussions, you may still enjoy the English forests, hills, and countryside, provided that you follow the guidelines on how to wild camp in England. Remember to seek permission wherever you decide to settle for the night, pack up early, and leave no trace behind.