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That is why it is important to NOT accept it!
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Another victory!
'Members of the public have the right to wild camp in Dartmoor National Park, the Court of Appeal has ruled'
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Dartmoor wild camping ban overturned after court battle
Court of Appeal overturns High Court ruling that there was no automatic right to camp on the national park
By Emma Gatten, Environment Editor 31 July 2023 • 2:42pm
Mayday Morris dancers outside the Royal Courts of Justice at a rally to restore the right to wild camp on Dartmoor earlier this month
Mayday Morris dancers outside the Royal Courts of Justice at a rally to restore the right to wild camp on Dartmoor earlier this month Credit: Anna Gordon/Reuters
Members of the public have the right to wild camp in Dartmoor National Park, the Court of Appeal has ruled, overturning an earlier decision.
The appeal challenged a decision made by the High Court, which ruled earlier this year that there was no automatic right to camp in the national park, despite it being an assumed right in a local byelaw that was unique in the country.
That case had been brought by Alexander Darwall, a hedge fund manager whose Blachford Estate is located on Dartmoor.
The Dartmoor National Park Authority (DNPA) asked appeal judges to overturn the ruling, arguing that the judge had the wrong interpretation of the 1985 law over rights of access to Dartmoor Commons.
At the hearing before appeal judges, the court was told that the 1985 law 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”.
Timothy Straker KC, for the DNPA, said the High Court judge had “failed... to appreciate that camping is an open-air recreation”.
Defend Dartmoor banner at High Court
The judgment found that wild camping is a form of ‘open-air recreation’ Credit: Tom Pilgrim/PA
In the ruling on Monday, Sir Geoffrey Vos, Lord Justice Underhill and Lord Justice Newey granted the appeal, finding that the law “confers on members of the public the right to rest or sleep on the Dartmoor Commons, whether by day or night and whether in a tent or otherwise” as long as byelaws are followed.
Sir Geoffrey said the “critical question” was whether wild camping could be considered a form of “open-air recreation”, finding that it was.
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He said: “The fact that a tent is closed rather than open cannot convert wild camping from being an open-air recreation into not being one. In my judgment, that walker is still resting by sleeping and undertaking an essential part of the recreation.”
Sir Julian Flaux, a High Court judge, had previously found that the meaning of the legislation was “clear and unambiguous” in that it conferred a “right to roam” that did not include “a right to wild camp without permission”.
Reacting to Monday’s ruling, Dr Kevin Bishop, the chief executive of the Dartmoor National Park Authority, said: “Today’s judgment is a re-affirmation of the right to backpack camp on Dartmoor and secures that right for today and future generations.
“We have sought to defend the public’s right to enjoy the national park though this case. It is equally important that those exercising that right recognise that they have a responsibility to help look after the national park.
“We want people from all parts of our society to enjoy Dartmoor responsibly and with respect to landowners, farmers and local communities.”
Nick Hall, of the Campaign for National Parks, said the ruling gave a boost to other campaigns for increased access to nature, adding: “This case highlights how precarious our right to access nature is and why we need all political parties to back these rights at the next general election.
“We want to see the trialling of wild camping in more National Parks, alongside a responsible access code of conduct and additional ranger and educational resources, so as many people as possible get to own treasured memories of wild camping in these special places.”
