Wild camping returns to Dartmoor in court victory

Despite the popularity of bikepacking and backpacking, wild camping is illegal in almost all of the UK. For years, Dartmoor, a national park in South West England, was the only place where we could pitch a tent legally without the landowners' permission.

In January 2023, though, and to the dismay of outdoor enthusiasts across the UK, the High Court revoked the rights of wild campers. The verdict fell in the favour of private landowner and millionaire Alexander Darwall, who successfully argued that the Dartmoor Commons Act 1985 did not include the right to camp, thereby removing the last place in England where wild camping was legal.

Now, thanks to a vocal campaign and a successful challenge at the Court of Appeal, the highest court in England and Wales, wild camping in Dartmoor is legal again. The January ruling was challenged by Dartmoor National Park Authority (DNPA) and the Open Spaces Society (OSS) and, after weeks of evidence, it was successfully appealed on July 31.

In court, the debate focused on the definition of ‘open-air recreation’ – were people still engaged in ‘open-air recreation’ if they were asleep, or if they pitched a tent or used a sleeping bag? After hearing the evidence, Judge Sir Geoffrey Vos ruled: “In my judgement, on its true construction, section 10(1) of the Dartmoor Commons Act 1985 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."

It was cause for celebration for the Right To Roam campaign, which issued the following statement: “VICTORY! Wild camping rights restored on Dartmoor!

"We're delighted to announce that the right to wild camp on Dartmoor has been restored as of a historic court decision today, overturning the previous ban on wild camping which took place this January.

"We're phenomenally grateful to all of you who have campaigned tirelessly for this historic decision, taking action on Dartmoor and across the country for our right to wild camp.

"Dartmoor is just 0.2% of land in England, and we are still banned from 92% of the English countryside. But this is a HUGELY important precedent and shows the growing momentum for a national Right to Roam just like Scotland has.

"Make no mistake, this is just the start of reclaiming our Right to Roam. Onwards and upwards!"

Kate Ashbrook, general secretary of the OSS, said: "This is an excellent outcome, we are relieved that the judges ruled unanimously and conclusively that open-air recreation includes backpack camping on the commons. 

"We were delighted to be invited to intervene in support of the DNPA, and we are deeply grateful to our counsel from FTB Chambers who acted pro bono, and to our solicitors Richard Buxton.”