The wait is almost over. Tomorrow, Right to Roam campaigners will learn whether their battle to protect the last wild camping space in England has been successful.
On Wednesday (May 21), the Supreme Court in London will announce its decision about whether the public’s long-cherished right to wild camp on parts of Dartmoor will be protected or permanently lost because of an action brought by a wealthy landowner.
The court case, which has galvanised a national debate about public access to wild areas right across England and Wales, has been running since 2022, when hedge fund manager Alexander Darwall launched a legal challenge to remove people’s right to camp wild on the moor.
Darwall purchased 4,000-acres of Dartmoor in 2011 and uses it to offer exclusive hunting experiences and holiday rentals.
Wild camping is permitted almost everywhere in Scotland, but currently Dartmoor is the only place in the entirety of England and Wales where people can legally camp for free, so long as they arrive by foot or in the saddle.
It’s a right that campaigners say has been enjoyed responsibly by hikers, bikepackers, families, youth groups, star gazers and others for decades.
The case rests on whether or not wild camping can be considered a recreational pursuit, which would mean it’s covered and permitted under the Dartmoor Commons Act 1985. Darwall’s legal team have argued that it isn’t a recreational activity (because it’s not specifically mentioned in the wording of the law) and is therefore illegal.
The High Court found in favour of Darwall in January 2023, a decision that provoked a spirited response from the outdoor community, who took to the moor in their thousands to protest.
A challenge at the Court of Appeal, spearheaded by the Dartmoor National Park Authority (who are tasked with looking after the moor, and are in favour of wild camping), overturned the original decision in July 2023 and ruled in favour of wild campers.
However, Darwall was granted permission to contest the appeal through the Supreme Court, an action that led to another mass gathering on Dartmoor in October 2024, when people – plus organisations such as The BMC – met at Hound Tor to call for more public access to wild areas.
“We obviously hope the Supreme Court will agree with the Court of Appeal judges,” Lewis Winks from Right to Roam told Advnture. “The bylaws that cover Dartmoor are clear: we have the right to wild camp on the moor. But whether we win or lose this case, we want the government to introduce legislation to protect and improve access rights across the whole country.”
“We’ve spent almost three years fighting a legal and moral battle over the right to sleep out in the open in one small area. But this case has highlighted a wider issue and presented the government with a compelling reason to improve access to all wild areas of England and Wales, not just Dartmoor. Which ever way the decision goes on Wednesday, we need to move the conversation on – to fight for much better access to wild places for people who don’t have a national park on their doorstep.
“There are micro enclosures all over the country, where places the public have a long-standing right to explore and enjoy on foot are being surrounded by private land, so access is removed. This affects everyone, from birdwatchers to wild swimmers, and it needs to be challenged.”
Having been back and forth through the High Court, the decision by the Supreme Court will be the definitive ruling on the case. And the stakes are high, not just for current wild campers and future generations, but also for the Dartmoor National Park Authority.
“If Darwall wins, the cost to the Dartmoor National Park Authority will be around £400,000,” Winks told us. “They’re a government body, which has already been stripped to the bone by cuts. Just imagine how that money could have been put to positive use, if they hadn’t needed to fight this case.”
The Dartmoor Preservation Association has raised more than £130,000 through its Save Dartmoor Backpack Camping Appeal, to help support the Park Authority fight for people’s right to wild camp. If the Supreme Court rules against Darwall, then that money has been pledged to support educational projects around the National Park.
Just two weeks ago, the famous Ten Tors Challenge took place on Dartmoor, with 2,400 teenagers tracing routes of between 35 and 55 miles, and overnighting on the moor. “It’s experiences like this that teach people how to behave properly in the outdoors,” argues Winks. “It would be a massive backward step if such opportunities were taken away.”
Darwall and his lawyers have attempted to portray wild campers as a threat to the environment, but this is a charge refuted by the Park Authority and robustly denied by outdoor campaigners. “We’re told time and time again that wild campers cause damage, but actually the complete opposite is true,” Winks says. “Wild campers leave no trace. Even better, they report and challenge bad behaviour in wild spaces, and can be a huge force for good in the countryside.
“Recently, a wild camper on Dartmoor reported seeing smoke, and when we visited, we discovered an illegal swaling site, where the landowner had been burning scrub in an area of shallow peat, well beyond where it’s permitted to do so. Dartmoor is an environment that is in trouble, but it’s not wild campers who are to blame.”
As wild campers and outdoor enthusiasts nervously await the outcome of the case, Winks presents a stoically positive viewpoint. “Whatever happens, we will be out on Dartmoor on Bank Holiday Monday [May 26], either in celebration or defiance.”
A gathering to call for improved access to wild areas in England and Wales is being planned and will take place on a yet-undisclosed part of Dartmoor on Monday May 26 – keep an eye on Right to Roam’s social media for more information.
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