Timeline of the Dartmoor wild camping debate

Why does the Dartmoor wild camp ban matter?

The crux of the matter is that, if the ruling from the High Court proceeds as is, a precedence will then be set for a permission-based system on the moor. This means that all visitors and wild campers will have to refer to maps to pre-plan a camp, apply for permission, and rely on the whim of landowners, instead of having the certainty and freedom to explore Dartmoor in the way they may have wished.

Once a precedence for a permission-based system has been set, it’s then easily expanded to other activities, which would threaten the freedom for climbers to access crags, swimmers in river pools, kayakers getting to river put-ins, and other recreational activities having to apply for permission from landowners instead of freely being able to turn up and engage with the outdoors when they choose.

Dr Cath Flitcroft, Acting Head of Access, Environment, and Conservation, for the BMC, said; “We want to see a rights-based, not a permission-based, system on Dartmoor.

Timeline of the wild camping debate

Agreement reached following Dartmoor wild camping discussions

By BMC Senior Policy & Campaigns Officer Dr. Catherine Flitcroft, 19/01/2023

The BMC's Policy & Campaigns Officer Dr. Cath Flitcroft, reports on the latest news on the banning of wild camping on Dartmoor.

In January 2023, a ruling from the High Court dealt a blow to wilderness and adventure lovers in the UK. Wild camping is to be banned in Dartmoor. However, the National Park have now reached an agreement that will enable people to continue wild camping in parts of Dartmoor National Park.

The Dartmoor Commons Owners’ Association and the National Park Authority met yesterday (18 January 2023) to discuss how wild camping on the Dartmoor Commons might be facilitated going forward. Agreement was reached in principle on the following:
•    Landowners will grant permission to the Authority to allow the public to wild camp through a permissive agreement.
•    This new system will provide clear guidance on what constitutes wild camping based on the principle of ‘leave no trace’.
•    Areas where the public can wild camp without seeking individual permission from landowners will be communicated via an interactive map on Dartmoor National Park Authority’s website in the coming days.

Anyone planning to wild camp now or in the future must refer to the interactive map and follow all ‘leave no trace’ principles.

Whilst the agreement is completed, wild camping (including Ten Tors and The Duke of Edinburgh Award) is permitted with immediate effect.

John Howell, Chair of Dartmoor Commons Owners’ Association, said: “We recognise the importance of people being able to enjoy the natural beauty of Dartmoor, including through wild camping, and the benefits that this can bring."

Dr Kevin Bishop, Chief Executive of Dartmoor National Park Authority, said:  “We have all worked quickly and collectively to ensure clarity is provided. Our thanks go to those involved in the discussions who have engaged in this process so positively and proactively. We’re committed to working together to continue all our good work that helps keep Dartmoor special for everyone.”

All present at the meeting were clear that there is no place for illegal fly camping on Dartmoor. ‘Fly camping’, which often involves large groups with barbecues or open fires, should not be confused with true wild camping and will continue to be prohibited.

Whilst the BMC welcomes this announcement, we believe that wild camping should encompass the freedom to choose where to camp, when to camp, without any regulations, to be self-sufficient and to do so in a discreet and responsible manner.  Referring to maps to pre-plan a camp, applying for permission, and relying on the whim of landowners doesn’t give visitors the certainty and freedom to explore Dartmoor in the way they may have wished.  We hope Dartmoor National Park Authority wins leave to appeal and that we can establish that there is a clear right to wild camp on all of Dartmoor’s wild places.

Rest assured that the BMC, along with the other groups we are working with, including the National Park, Open Spaces Society, Ramblers, Right to Roam, Under The Stars and others, are fully and actively opposed to any restrictions on wild camping on Dartmoor. We see it as a fundamental threat to the freedom to enjoy wild spaces in this country, and the many benefits that this brings, at a time when the need is greater than ever.

Landowner extinguishes the right to wild camp on Dartmoor

By BMC Senior Policy & Campaigns Officer Dr. Catherine Flitcroft, 13/01/2023

The High Court ruled that wild camping on Dartmoor (the only place where it is legal in England and Wales) could only happen with explicit consent from the landowner.

In autumn 2021, Dartmoor National Park Authority (DNPA) consulted the public on amendments it proposed to make to the Dartmoor byelaws relating to access land on Dartmoor which were adopted in 1985 and are therefore over 30 years old. However, the current landowners of an area of moorland sought a court declaration arguing that “members of the public are not entitled … to pitch tents or otherwise occupy Stall Moor overnight” except with their consent.

The case was taken to the High Court in December to decide whether the byelaws, as set out in the Dartmoor Commons Act 1985, allow for camping on Dartmoor. The act says “the public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation” as long as they do not cause damage.

Arguing for the landowner, Timothy Morshead KC said the law did not mention camping and camping was not included, but Timothy Leader, arguing for the national park, said the law was purposely written to be as wide as possible to include all kinds of recreational activities.

Sadly, the High Court have today approved the judgement of the landowners stating that ‘the claimants are entitled to the declaration they seek that, on its true construction, section 10(1) of the 1985 Act does not confer on the public any right to pitch tents or otherwise make camp overnight on Dartmoor Commons. Any such camping requires the consent of the landowner’.

The announcement today is a huge blow for the BMC and the outdoor community. This decision is a huge step backward for the right of everyone to access nature and we will continue to support the long-established precedent of wild camping across the Dartmoor Commons. The BMC will support the national park, help defend our rights of access, and work alongside other like-minded organisations to try to overturn this result.

Legal challenge threatening wild camping on Dartmoor

By BMC Senior Policy & Campaigns Officer Dr. Catherine Flitcroft, 13/12/2022
A legal case questioning the basis of Dartmoor National Park Authority’s bylaws, which allow for responsible wild camping opens today in the high court and could determine the future enjoyment of wild camping in the Dartmoor National Park.

The landowners of Stall Moor, 2,784 acres of registered common land, claim there is no legal right to camp on Dartmoor, as the Dartmoor Commons Act, which gives the Park Authority the power to make bylaws, does not allow for camping without a landowner’s consent.

Dartmoor National Park however, have defended the public’s right to enjoy wild camping as it is a right that has been enjoyed for many years.  Section 10 of the Dartmoor Commons Act gives the public right to access the moor for the purposes of ‘outdoor recreation’ which the Park believes includes responsible, wild camping, following the leave no trace principles.

The British Mountaineering Council, Ramblers and Open Space Society support the continuation of the long-established precedent of public access for wild camping across the Dartmoor Commons. Any loss of access would be a significant retrograde step and we are grateful to Dartmoor National Park Authority for their efforts in opposing the legal challenge made against them and will continue to support them in defending the right to wild camp.

Law of Trespass could change

By BMC Senior Policy & Campaigns Officer Dr. Catherine Flitcroft, 18/01/2021

Along with several other organisations, the BMC has written to the Home Office, Ministry of Justice and DEFRA to share our grave concerns about the Government’s proposals to make trespass a criminal, instead of a civil, offence. This could have the potential to change how people access and enjoy the countryside and green spaces.

Originally referred to in the Government's manifesto where it was stated that they ‘will make intentional trespass a criminal offence’, it is our view that this is an extreme, illiberal and unnecessary attack on ancient freedoms. The potential threat of criminalising trespass would put many genuine visitors to the countryside and beyond at risk of offending and deter many from exercising their legal rights. This is especially important against a backdrop of significant efforts to encourage people to be more active in the outdoors and in light of the Covid-19 pandemic.

READ: 'Forgive Us Our Trespasses' - Ed Douglas calls for the government to think again

The BMC responded to the Home Office consultation in March 2020: ‘Strengthening police powers to tackle unauthorised encampments’ and today unite with several other organisations including The Ramblers, CPRE, Friends of the Earth, British Canoeing and the Open Spaces Society to reinforce our objections to any measures that would deter people from accessing the countryside. The joint letter sent today comes ahead of the publication of the Police Powers and Protections Bill which will affect England and Wales.

Here is a summary of our main concerns:

•            The Government's manifesto stated ‘we will make intentional trespass a criminal offence’. It is our view that this an extreme, illiberal and unnecessary attack on ancient freedoms that would have a negative effect on how people can access and enjoy the countryside and green spaces.  Such a move would be out of touch with the public mood, particularly as more people are visiting the countryside and green spaces due to Covid-19.  A petition ‘Don’t criminalise trespass’ on the UK Government and Parliament website gained 134,928 signatures, showing the level of public opposition.

•            An unintended consequence of changes to legislation, if framed insufficiently tightly, may be to give landowners the chance to criminalise harmless and often accidental trespass. This should not apply for instance, to walkers who stray off a public right of way or to those who cross private land to pass an obstruction.  It would send a signal that the countryside is not accessible to all, but a place of complex rules and regulations where those partaking in recreational activities such as walking, cycling, climbing or canoeing in the countryside may be at risk of committing a crime.

•            Proposals would also threaten ‘wild’ camping, responsible and short-term ‘van camping’ or rest stops on long journeys (which should be encouraged in preventing accidents) by individuals or small groups, and risk criminalising other informal activities.

•            The creation, implementation and enforcement of new powers is likely to be a costly exercise for the public purse, with uncertain outcomes of monitoring and enforcement.  Government priority should instead be to make our countryside and green spaces easy and accessible for all. Promoting outdoor recreation and access to the outdoors is essential in tackling physical inactivity and the mental health crisis as well as helping to raise awareness of the value of our natural environment.

The BMC will continue to work in partnership with other organisations to ensure our access rights are not eroded.  You can also help by writing to your MP.

READ MORE: Is it time to extend our right to roam? Guy Shrubsole explores

Unauthorised encampments and trespass

By BMC Senior Policy & Campaigns Officer Dr. Catherine Flitcroft, 21/02/2020

There are concerns that government are considering moves to turn trespass from a civil offence to a criminal one. In a public consultation that is currently out for comment, it has been suggested that police powers could be strengthened to force people to move on from unauthorised encampments. The BMC is concerned however, that there could be unintentional consequences of the proposals around issues such as wild camping.

The BMC, with a membership of over 85,000, is the representative body for climbers, hill walkers and mountaineers in England and Wales. All of our activities typify the concept of quiet enjoyment of the countryside and bring significant benefits to users, local communities and society in general.

Opportunities for recreation and tourism have enormous potential to deliver not only rural growth but a range of benefits, including improvements to public health, well-being and an increase in public understanding of the environment.  Access to the countryside on foot for quiet, informal recreation should be a basic right to be enjoyed by all.  The BMC will object to any new legislation or powers that could potentially threaten this.  In particular, the move to criminalise trespass, which would be a concerning change in the law.

Read full article here.

BMC statement: Wild camping backlash

By BMC Senior Policy & Campaigns Officer Dr. Catherine Flitcroft, 04/06/2019

The launch of a new wild camping website with support from Defra (UK Department for Environment, Food and Rural Affairs) and two National Parks allowing anyone to ‘book a spot’ in a remote area for a fee and experience ‘wild camping’ was seen in late May 2019. The idea has been met with anger and negativity from across the outdoor community and the website content has since been removed.

The BMC believes that wild camping should encompass the freedom to choose where to camp, without any regulations, to be self-sufficient and to do so in a discreet and responsible manner, in wild places away from civilisation. In Scotland this is permitted under the Scottish Outdoor Access Code, but in England and Wales it is not considered legal unless the permission of the landowner is obtained. However, there are some parts of England where wild camping is either legal (e.g. Dartmoor) or generally accepted (the Lake District), and many people wild camp discreetly in our hills and mountains, following a strict 'leave no trace' ethic. This appears to function well in practice.  In the BMC’s opinion, asking for payment in return for ‘exclusive rights’ to camp in a specified area is not wild camping.

The BMC is disappointed not to have been consulted over the Defra backed pilot scheme or to have been included in discussions with the group responsible for the website as they developed their ideas and thinking. We are keen to meet with the group responsible to find common ground and discuss a way forward.