Jurisdiction(s):
United Kingdom

UK Supreme Court: wild camping within Dartmoor Commons Act 1985 s 10 access right; 'open-air recreation' construed broadly; Pepper v Hart inapplicable; Attorney General joinder flagged (England and Wales)

Published on: 21 May 2025

Published by a LexisNexis Planning expert

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Article summary

Background

This appeal examines the breadth of the public’s access rights over Dartmoor under DCA 1985, s 10(1). The court was asked to decide whether that provision gives members of the public permission to erect tents or otherwise camp overnight on the Dartmoor Commons (the Commons). Section 10(1) states, in effect, that, subject to the Act and observance of any rules, regulations or byelaws in force for the commons, the public enjoys a right of access to the commons on foot or on horseback for the purpose of outdoor recreation. The Dartmoor National Park (DNPA) was designated as a national park in 1951 under the National Parks and Access to the Countryside Act 1949 (NPACA 1949). Within DNPA there are areas of moorland that are privately owned, yet other local people hold rights to place their livestock there. The appellants, Mr and Mrs Darwall (the Darwalls), are farmers, landowners and commoners who have owned and lived at Blachford Manor on Dartmoor since 2013. The Darwalls’ land includes a section of land...

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