The Supreme Court in London has unanimously allowed wild camping on the Dartmoor Commons in Devon, finally settling a legal battle that has been running for three years.
The case was bought by Alexander and Diana Darwall, Dartmoor commoners who own and farm land on the moors. They are challenging the interpretation of a 1985 law which, they argued, was misapplied.
The legislation in question is the Dartmoor Commons Act 1985, which allows “the public … a right of access to the commons on foot and on horseback for the purpose of open-air recreation.”
This a long-held custom of giving walkers and horse riders open access to the land. Since then, the Act has been interpreted as allowing people to camp on the land without the landowners’ permission.
Lawyers for the Darwalls argued it was an over-interpretation as wild camping does not count as “open-air recreation”. They were being challenged by the Dartmoor National Park Authority, which has a statuary responsibility for the land and contended that wild camping should be allowed.
In a ruling handed down by Lord Stephens, the judges clarified the interpretation and said “as a matter of ordinary language, camping is a form of open-air recreation”.
The Act, he says, gives members of the public, “who have entered the commons on foot or on horseback” the right to camp. The reference to “on foot or on horseback”, he said, “describes the means by which the public have the right to gain access to the commons,” and does not limit the scope of what “open-air recreation” means.
The case has flip-flopped though the courts. In January last year, the Darwalls won in the High Court ([2023] EWHC 35 (Ch); [2023] PLSCS 11). But wild camping didn’t stay banned for long. In July, the Court of Appeal disagreed and overturned the decision ([2023] EWCA Civ 927; [2023] EGLR 33).
The Darwalls, the judge said, “are at pains to state they are not motivated to stop all camping on the Dartmoor commons but as stewards of the land they need to be able to manage it properly and regulate access to prevent the risk of fire and damage”.
Even so, this judgment doesn’t mean that wild camping will allowed on the commons for all eternity.
The ruling said the Dartmoor National Park Authority has the power under the 1985 act to make bylaws to control camping if they thought it appropriate.
Dartmoor National Park Authority v Darwall and another (Supreme Court) 21 May 2025
