[Diggers350] Dartmoor wild camping, limited agreement reached

Tue Jan 24 19:35:33 GMT 2023

 Dartmoor wild camping agreement reached

https://www.bbc.co.uk/news/science-environment-64333066

Dartmoor protest with man holding up signImage source, Martin Hampton
Image caption,
There has been furious opposition to the loss of a wild camping tradition on Dartmoor
By Claire Marshall
BBC Rural Affairs Correspondent

Landowners have agreed to let people "wild camp" on most of Dartmoor without permission, days after the High Court placed restrictions on the practice.

Last week the court ruled the long-held tradition of wild camping had no basis in law, after a case brought by a landowner.

There is now an agreement between Dartmoor National Park Authority (DNPA) and most Devon moor landowners.

Landowners who have signed up will be paid an unknown sum by the park.

Right to roam campaigners called it a "stitched up deal."

Dartmoor was the only area of England and Wales where under a local law there had been an assumed right to wild camp without the landowner's permission.

However a High Court judge ruled last week that this was legally wrong and permission was needed.

The case had been brought by Alexander Darwall and his wife Diana, who have owned the 4,000 acres (16 sq km) on southern Dartmoor since 2013.

According to Dartmoor National Park, the agreement between landowners will come into force at 17:00 when it publishes a new map on its website. It does not create a right to wild camp - it is a private arrangement and will last for twelve months.

The amount landowners will be paid will be met by the DNP. The sum has not yet been agreed, and the right to wild camp could be revoked at any time.

It's understood that the Darwalls could allow access to part of their estate.

The popular Ten Tors hiking event and wild camping as part of 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."

The agreement is based on campers having a minimal impact on the natural environment - a principle known as 'leave no trace'.
Tent on dartmoor
Image source, Getty Images
Image caption,
Wild camping on Dartmoor must "leave no trace" under the agreement

Dr Kevin Bishop, chief executive of DNPA, 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."

However Guy Shrubsole from the Right to Roam campaign called it a "stitched-up deal".

"The public have just had their right to wild camp summarily snatched from them by a wealthy landowner - now we're expected to be grateful to landowners who grant us permission to wild camp, and pay for the privilege.

"It's a ransom note from landowners… we will not accept any attempts to make people pay to wild camp, and call on MPs to back a new Right to Roam Act to defend and extend public access to nature."

He said a protest march on the moor planned for Saturday would still go ahead. There has been widespread opposition to the court ruling on social media.

Dr Bishop emphasised that the DNPA is still considering appealing Friday's high court decision. At a two-day hearing last December, lawyers for the Darwalls argued that a byelaw in the which enshrined a historic custom of open access "to all the commons on foot and on horseback for the purposes of open-air recreation", excluded wild camping.

The judge, Sir Julian Flaux, Chancellor of the High Court, agreed. He said the act did 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."
Dartmoor pony
Image source, Jack Brennan
Image caption,
The symbol of Dartmoor is its ponies, which can roam free

The Duchy of Cornwall, which owns by far the largest portion of the moor at 67,000 acres (270 sq km), is one of the landowners to have agreed. A spokesperson said: "We recognise the many benefits associated with being able to enjoy the natural beauty of Dartmoor, including through wild camping.

"We are pleased to have found a way forward quickly and in partnership with the Dartmoor National Park Authority and other landowners to ensure that this short-duration, back-pack style camping can continue to be enjoyed on Duchy land."

     On Thursday, 19 January 2023, 23:21:36 GMT, Lucy Wyatt <lucywyatt57 at gmail.com> wrote:  

 Interesting that the Park Authority didn't support the ruling.They normally try and stop everything.And what about all those yomping SAS guys? Don't they train on the moor?Maybe that will become part of the training - only sleep there 'under cover' in secret so the owners don't find out...I can't see how they can patrol a 3,000 acre estate anyway.
Lucy
On Wed, 18 Jan 2023 at 00:31, Tony Gosling <tony at cultureshop.org.uk> wrote:

The Right to Roam campaign launching “a ferociouscampaign to fight for our right to sleep under the stars” and called forpeople to join a march on Mr Darwall’s land later this month.

Dartmoor wild camping ruling ‘huge stepbackward’
https://tlio.org.uk/horrified-a-catastrophe-inconceivable-dartmoor-wild-camping-judgement-a-huge-step-backward/

BBC: Decision To Ban Wild Camping on Dartmoor a'Catastrophe' says Headmaster. Landowner: 'Inconceivable'
https://www.youtube.com/watch?v=Aod1liDDrlg

Farmers Alexander and Diana Darwall brought asuccessful legal challenge over wildcamping.
TomPilgrim - Friday 13 January 2023 16:40

https://www.independent.co.uk/news/uk/crime/dartmoor-high-court-alex-sobel-ramblers-labour-b2261746.html

Farmers Alexander and Diana Darwall brought a successful legal challengeover wild camping (Ben Birchall/PA)

A High Courtruling that people do not have a right to wild camp inDartmoorNational Park without landowners’ permission has been called a “huge stepbackward”, as disappointed campaigners vowed to “go to war” and challengethe decision.

Farmers Alexander and Diana Darwall brought a successful legal challengeover wild camping, claiming some campers cause problems to livestock andthe environment.

Mr and Mrs Darwall, who keep cattle on Stall Moor, which forms part oftheir more-than 3,450-acre estate in the southern part of Dartmoor,secured a finding from a judge that a 1985 law that regulates access tomoorland does not provide a right to wild camp.

The Dartmoor National Park Authority (DNPA), which defended the HighCourt claim, said it was “really disappointed” by Sir Julian Flaux’sruling and would be considering whether to appeal.

The RamblersAssociation, a walking charity now known as the Ramblers, tweeted: “Thisdecision is a huge step backward for the right of everyone to accessnature.

It said it supported the “long-established precedent” of wild camping onDartmoor and said it would fight to “defend our rights of access &overturn this result”.

The charity later said it was concerned the legal case “could be the thinend of the wedge for people’s rights to explore nature”.

“Access to nature helps everyone stay connected to the environment andpassionate about protecting it for future generations,” itadded.

The Right to Roam campaign tweeted that the judge’s ruling was “anabsolute outrage” and that it now “goes to war”.

It said it was launching “a ferocious campaign to fight for our right tosleep under the stars” and called for people to join a march on MrDarwall’s land later this month.

Emma Linford, an outdoor education professional with 20 years experience,and part of The Stars are for Everyone campaign, told the PA news agencythat she felt “rage about the rights of privilege and entitlement of howone person can remove such an important right for so many”.

Ms Linford, who has led skills training on Dartmoor, added that “Wildcamping is not an occupation, it is transitory, it is recreation.Recreation that connects, inspires, develops rounded humanbeings.”

The Dartmoor Preservation Association, an independent organisationinterested in the moor’s ecology, said on Twitter that the judgment was“a great let-down for all who love Dartmoor”.

It added: “This is just the latest in a historical assault on publicrights of access to the countryside – at a time when we desperately needmore, not less time in nature.”

Also on Twitter, MPAlex Sobel,Labour’s shadow minister for environment, said: “Our National Parksshould be open to all and access to Dartmoor is integral tothat.

“Labour willexpand the right to roam as part of our programme forGovernment.

“Our natural spaces are here for us all to share for biodiversity,wellbeing and equity.”

Ruth Marvel, chief executive of The Duke of Edinburgh’s Award scheme,said: “We are extremely disappointed by today’s decision.

“This generation of young people are grappling with the aftershocks of adevastating pandemic and a once-in-a-lifetime cost-of-living crisis,which are taking a harmful toll on their mental health.

“Now is the time to protect and extend their right to explore the greatoutdoors and get off the beaten track, with all the vital mental andphysical benefits that brings, not limit it further.

She said the scheme was liaising with the DNPA and hoped to “ensure thatyoung people who explore our countryside for their DofE won’t lose out onthe unique thrill of solitude, independence and adventure that wildcamping brings”.

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