Supreme Court decision opens the gates to overnight camping on Dartmoor

The Supreme Court has now handed down its judgment on the case Darwall and another v Dartmoor National Park Authority [2025] UKSC 20. Because it involved issues of wild camping and the public’s rights, the case has gained a great deal of media attention and public interest over the last couple of years. This subject can be emotive for many on both sides of the discussion, and when the case is stripped back to the basics, it turned on the plain meaning of the wording of section 10(1) of the Dartmoor Commons Act 1985 which sets out:

10(1)- Subject to the provisions of this act and compliance with all rules, regulations or byelaws relating to the commons and for the time being in force, the public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation;

The Supreme Court decided that the plain meaning of the words “open air recreation”, which was not defined in the act, included the right to set up a tent and to stay overnight. As the wording was determined by the court to be plain, there was less focus on additional contemporary testimony. This evidence was previously considered in the High Court in the earlier, now overturned judgment, where it found that the intention of Parliament at the time was not to allow wild camping.

Whilst this case will be cause for celebration for wild campers, for some who call Dartmoor home, there will be concerns as to what this will mean for them. Clarity on this case from the Supreme Court may lead to problems that locals already experience increasing. These include issues around littering, noise, BBQs, human waste and the potential impact on the delicate environment.

Many people who support the right to wild camp would say the majority of wild campers behave respectfully. This is no doubt true, but it ignores the cumulative impact on fauna and flora, as well as the impact of the badly behaved minority on those that live and work there.

In a statement, landowners Alexander and Diana Darwall said:

The court did recognise the potential problems inherent in allowing unfettered wild camping. The judgement contained the following salient note regarding the Dartmoor National Park Authority’s responsibility, which will become increasingly relevant if the numbers of future wild campers increases pressure:

Whilst there are restrictions on the landowners' property rights, there is in return DNPA's power to prevent, and enforce against, problematic camping by virtue of its ability to make and enforce byelaws and to publish notices. Furthermore, there is in return the involvement of DNPA in controlling and managing the access of the public by engaging wardens to help prevent breaches of the byelaws and support enforcement. Accordingly, the legislation puts in place the means for public regulation of use of the Commons which is in practice likely to be more effective in protecting the land than attempts by private persons to challenge such use through themselves having to confront people on their land and then bring a claim in private law.

We hope that Dartmoor National Park Authority will continue to collaborate closely with access users, local residents, farmers and landowners to maintain what is a delicate balance between environmental protection, the rights of landowners and the tranquillity that makes Dartmoor such a unique and desirable place. At the CLA, we will also continue to assist wherever we can.

In a statement from the Dartmoor National Park Authority: