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UK Supreme Court to Decide on Wild Camping Rights in Dartmoor Legal Battle

by Alice

The UK Supreme Court is poised to make a landmark decision on whether the public has a legal right to wild camp on Dartmoor — a case that has reignited national debate over land access in England.

Unlike Scotland, where wild camping is protected under the Land Reform (Scotland) Act 2003, there is no general right to camp overnight on private land in England. Dartmoor National Park in Devon has long been a rare exception, where outdoor enthusiasts have been able to pitch tents without explicit permission — a tradition now under legal scrutiny.

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The controversy began in January 2023 when landowners Alexander and Diana Darwall won a High Court ruling allowing them to prohibit wild campers from their 4,000-acre estate on Stall Moor, located on Dartmoor’s southern edge near Cornwood. The couple, who keep cattle on the land, argued that camping posed risks to both livestock and the surrounding environment.

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Their legal team maintained that the Dartmoor Commons Act of 1985, which grants public access for “open-air recreation,” did not specifically authorize overnight camping.

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In contrast, the Dartmoor National Park Authority (DNPA), supported by conservation groups and public access advocates, defended the legality and legacy of wild camping on Dartmoor, arguing it had been a deeply rooted and accepted form of recreation for generations.

The legal dispute has drawn wide public interest, largely because Dartmoor holds both cultural and ecological value — home to ancient landmarks, temperate rainforests, and dramatic granite landscapes shaped over 300 million years.

Wild camper and filmmaker John Harding captured public sentiment when he filmed a three-day trek across Dartmoor in April 2024 to raise awareness. “The motivation was that the right to wild camp was under threat,” Harding said, expressing disbelief that such access rights could be under question.

Harding described Dartmoor as a deeply personal and transformative space. “I’ve been camping on Dartmoor for about five years with friends and family. Myself and my father became much closer because of it. We had some amazing experiences trekking across the moor.”

Despite the physical challenges — including carrying filming gear and up to 15 kilograms of supplies — Harding emphasized the powerful emotional and spiritual rewards. “You’re not just looking at nature from the outside. You’re challenging yourself to survive across it.”

He believes that legal access to wild camping is essential, not just for experienced trekkers, but for those beginning their journey into nature. “You get a much, much deeper connection to the land when you spend a night on it. The first time we crossed the moor, we lay on the grass and watched shooting stars. It was magical. That couldn’t have happened if wild camping wasn’t allowed.”

Campaigners, including grassroots group The Stars Are for Everyone, argue the case has already spurred greater public awareness about land access rights and has prompted calls for systemic change.

“Win or lose in the Supreme Court, we now want the government to step up and pass a right to roam act,” said spokesperson Lewis Winks. “It’s time to protect and extend public rights of access to nature across England.”

Winks pointed to the broader implications of the case, especially at a time when many people are feeling increasingly disconnected from the natural world. “Opportunities like wild camping are essential for mental well-being, physical health, and learning responsible interaction with the environment. Dartmoor offers that opportunity brilliantly.”

Historically, Dartmoor has long been shaped by human presence, with its ancient cairns and stone circles dotting a landscape where 37% of the land is classified as common land — though much of it remains privately owned, according to the DNPA.

The Darwalls’ estate lies at the center of the controversy, and their 2022 legal challenge sparked public outcry. In response to the High Court ruling in their favor in early 2023, more than 3,000 protestors — including families and environmentalists — marched across the couple’s estate. Demonstrators carried placards and a large puppet of Old Crockern, a mythical guardian said to protect the moors.

In July 2023, the Court of Appeal overturned the earlier decision, restoring — at least temporarily — the right to wild camp on Dartmoor without permission. However, the Darwalls were granted permission to appeal to the UK Supreme Court, where the final ruling is now pending.

A decision from the Supreme Court is expected later, and it will determine not only the future of wild camping on Dartmoor but may also shape the broader legal framework for public access to nature across England.

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