Daily Mail - Dartmoor wild camping impact

This is an isolated and specific case that involves the Dartmoor National Park. It is unlikely that this judgement handed down by the Court of Appeals will have any significant impact on property and land owners.

Unlike most privately owned land, Dartmoor is a large, open and natural space that is not enclosed in any way, which makes it a perfect hunting ground for wild campers. That is unlikely to be the case in almost every other privately owned property. Most landlords and property owners don't have an act of parliament determining who can access their land.

Much of Dartmoor's 'right of access' to pedestrians and campers is derived from its heritage and established use over decades, which is once again a very specific case for Dartmoor.

The Dartmoor judgement does not impact landowners or farmers generally. The Court of Appeal's decision was to answer a question of interpretation of section 10(1) of the Dartmoor Commons Act 1985. Most landowners do not have a piece of legislation governing their land. Here, the act said "the public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation" and the question was whether sleeping (whether in a tent or otherwise) was or was not open-air recreation. Sir Geoffrey Vos, Master of the Rolls, and head judge in the Court of Appeal, asked whether a person out for a walk who then lied down for a rest was still partaking in recreation. He thought they would be. Was there any real difference if they fell asleep? No. The Judge then said putting a sheet or tent in order to sleep was still 'undertaking an essential part of the recreation of a lengthy walk',