Stand with Dartmoor: The Fight for our Right to Roam
On 8th October, five judges met to make a decision that could forever change our relationship with one of England’s last wild spaces: Dartmoor National Park. For years, Dartmoor has been the only place in England where wild camping has been legal, a rare pocket of freedom in a landscape dominated by private land ownership. But now, that right is under threat once more. Their decision is pending.
What IS Allowed
Open Access Land: In England and Wales, the public has the right to access “open access land” for activities such as walking, running, wildlife watching, and climbing.
Public Rights of Way: Walkers can use public footpaths, bridleways, and byways that cross private land.
Coastal Access: An ongoing project in England aims to create a continuous walking route around the entire coast, enhancing public access to coastal areas.
Scottish Access Rights: In Scotland, the public has the right to access most land and inland water for recreational and educational purposes, provided they adhere to responsible behaviour.
What is NOT Allowed
Trespassing: Entering private land without permission, outside designated access areas or public rights of way, is generally considered trespassing. Contrary to some beliefs, trespassing is legally enforceable in the UK. Landowners can take legal action against trespassers, though in practice, this is often resolved through informal means or negotiated agreements.
Damaging Property: Visitors must not damage crops, livestock, or property. Responsible behaviour is essential to maintain good relations between the public and landowners.
Motorised Recreation: The right to roam does not extend to motorised vehicles on most access land. Motorised recreational activities typically require specific permissions.
Hunting or Fishing: These activities generally require separate permissions and are not covered under general access rights.
Commercial Activities: Using access rights for commercial purposes usually requires the landowner’s consent.
This battle is bigger than Dartmoor. It’s a clash between private interests and the public’s right to access and to enjoy nature. The case, which has landed in the Supreme Court, pits Dartmoor National Park Authority against a wealthy landowner, Alexander Darwall, who is seeking to revoke the public’s right to wild camp. Win or lose, it’s clear that we need stronger legal protections to safeguard our access to the countryside.
Why Dartmoor Matters
For generations, people have wandered freely across Dartmoor, pitching their tents and sleeping under the stars. Wild camping offers a rare opportunity to reconnect with nature, to experience its raw beauty, and to take a break from the relentless pace of modern life. For many, it’s not just a pastime but a lifeline – a moment of peace and clarity in an increasingly hectic world.
Key Right To Roam Legislation
Countryside and Rights of Way Act 2000 (England and Wales)
Commonly known as the “Right to Roam” law, this act granted the public the right to access certain types of uncultivated private land, including mountains, moors, heaths, and downs. It was a major victory for the Right to Roam movement.
Land Reform (Scotland) Act 2003: Scotland’s legislation is more comprehensive, providing a statutory right of responsible access to most land and inland water. This law reflects Scotland’s progressive approach to public access.
But in 2023, landowner Alexander Darwall, who purchased the 4,000-acre Blachford estate on Dartmoor in 2011, successfully argued in court that the right to wild camp never existed. His case claimed that camping wasn’t “recreation” as defined by law, and he won. A huge backlash followed, with thousands gathering in protest, and the National Park Authority successfully appealed, restoring the right to camp. Now, Darwall has escalated the fight to the Supreme Court, threatening to remove our right to wild camp on Dartmoor for good.
As illustrator Rosie Jewell, a former resident of the Blachford estate, poignantly reflected in one article: “Dartmoor is only a tiny sliver of England, and only a tiny portion of its visitors are campers. But in the process of tussling over whether sleeping in a tent counts as ‘recreation,’ Darwall has catalysed a much bigger, broader movement – one fighting for our ‘right to roam’ across the English countryside, including its rivers, woodlands and green belts.” (The Guardian March 2024)
If Darwall wins, it’s not just Dartmoor that’s at risk. The precedent set could limit access across the country, leaving the future of wild camping in the hands of landowners and costly ‘permissive’ arrangements. Darwell of course is just one of many individuals and entities that own Dartmoor.
A Crisis of Disconnection
Rosie’s childhood on the Blachford estate highlights the personal connection we can foster with the land when we’re allowed to roam freely. Before Darwall bought the estate, she had the freedom to explore every corner of the countryside surrounding her home, where she would ride horses, climb trees, and discover hidden corners of Dartmoor. It was a place of freedom, adventure, and growth.
Key Right To Roam Moments and Challenges
Dartmoor Wild Camping Case (2023)
A High Court ruling initially restricted wild camping rights in Dartmoor National Park. However, public outcry and subsequent legal action led to the overturning of this restriction, demonstrating the dynamic nature of land access rights.
Kinder Scout Mass Trespass (1932)
This historic act of civil disobedience, where ramblers deliberately trespassed on private land, is often cited as a crucial event in the campaign for public access in England. It highlighted the need for greater access rights and influenced future legislation.
Countryside Alliance Challenges
The Countryside Alliance has frequently contested aspects of access legislation, particularly concerning its impact on landowners and rural communities. These challenges underscore the ongoing debate between public access and private property rights.
Her story is a reminder of what is at stake. As she reflects, “We are in a crisis of disconnection and dispossession, but we and the land have so much to give each other if allowed the chance to connect.” The restrictions imposed by Darwall, which padlocked gates and fenced off areas that were once open to roam, mirror the experience many across England face, where only 8% of the countryside is accessible to the public.
With access to the land restricted, people are becoming increasingly detached from nature. Kids are spending less time outdoors, missing the chance to explore, take risks, and build a bond with the natural world. Without these opportunities, it’s no wonder many people feel disconnected from the environment and are less likely to protect it. As Rosie notes, “Why would we view our land and wildlife as worthy of protection if we don’t know and love them?”
The Right to Roam Movement in Dartmoor and Beyond
This case has shone a light on a much larger issue: the lack of public access to nature in England. While Scotland and other European countries have enshrined rights allowing the public to explore and enjoy natural spaces, in England, we’re forced to fight for every scrap of land we can access. Even if wild camping rights on Dartmoor are upheld, it’s not enough. We need a comprehensive Right to Roam Act that protects and extends our freedom to roam across all of England’s natural landscapes.
The Right to Roam movement is fighting for this very cause, advocating for a new law that would open up rivers, woodlands, and green spaces to the public, ensuring that future generations can explore, enjoy, and care for the land they live on.
Stay Informed:
Follow the latest updates from the Right to Roam campaign and learn more about how you can get involved in future actions to support greater access to nature.
The whims of a few landowners shouldn’t dictate our relationship with the land. The battle for Dartmoor is just one example of the broader fight to ensure that everyone has the freedom to roam, camp, and connect with nature. Whether Dartmoor wins or loses in the Supreme Court, this is a call to action for all of us. We need to demand better protection and greater access to the countryside we love.
Let’s ensure that wild camping – and our freedom to roam – remains a part of our future, not just a memory of the past.
#RightToRoam #WildCamping #Dartmoor #SupportDartmoor #LondonMountainFilmFestival
