Can I camp on the Dartmoor commons?

With the Salt Path released last weekend, many might be planning a coastal path walk or wild camp so this Supreme Court judgment is well timed (Darwall and another (Appellants) v Dartmoor National Park Authority (Respondent) UKSC/2023/0126). It  considered whether the public’s right of access extended to the right to pitch tents or camp overnight on the Dartmoor Commons under section 10(1) of the Dartmoor Commons Act 1985. The claim was brought by the owners of an estate on Dartmoor who were concerned about the potential impact of camping on the Commons near their estate.

The Courts reviewed section 10(1) of the Dartmoor Commons Act, which sets out that the public have the right to access the commons on foot or horseback for the purpose of open-air recreation. Initially, the High Court held that section 10(1) does not give the public the right to camp on the Commons. However, the Court of Appeal argued that ‘open-air recreation’ included wild camping. The Supreme Court continued this reasoning and argued that, as a matter of ordinary language, and looking at Parliament’s language under section 193(1) (when discussing ‘air and exercise’) of the Law of Property Act 1925, open-air recreation includes camping. LJ Sales and LJ Stephens provided some ‘obvious’ examples of open-air recreation, which included having a picnic, bird-watching, sketching the landscape, flying a kite, walking the dog, or a game of kick-the-can.

The Court specified that section 10 confers a right to access the Commons for open-air recreation, provided the public enter the Commons on foot or by horseback. The words ‘on foot or on horseback’, only refer to the means by which the Commons are accessed, and these words do not qualify what counts as ‘open-air recreation’. The  judgment also establishes that wild camping by individuals who have entered the Commons on foot or on horseback is a matter of entitlement. The Court held that the public should be able to look at the scheme of public regulation (in this instance the National Parks and Access to Countryside Act 1949, under which Dartmoor National Park was designated) and know what they are and are not entitled to. 

If you want to discuss this or any other matters relating to common land do get in contact with me using [email protected] or 0117 939 2223