[Diggers350] Millionaire hedge fund managers Dartmoor wild camping row reaches Supreme Court
Tony Gosling
tony at cultureshop.org.uk
Tue Oct 8 13:41:54 BST 2024
Report on the weekend protest
Hundreds attend Dartmoor wild camping rally (get
on the campaigns below for direct updates)
https://www.bbc.co.uk/news/articles/cvgl5qzlqnlo
Hundreds of people have gathered on Dartmoor to
campaign for the right to wild camp.
In 2023, High Court judges ruled wild camping was
allowed on some privately-owned commons on the
moor but Dartmoor landowner Alexander Darwall is
appealing against the decision.
Mr Darwall is taking the case to the Supreme
Court on Tuesday where a final decision will be made.
Campaigner Lewis Winks said wild camping was "a
deeply educational gateway experience".
'Flimsy alternative'
Mr Winks, who is part of the Stars Are For
Everyone campaign, said one of the phases of the
court battle where landowners could give yearly
permission for wild camping was "a very flimsy alternative to a right".
He said: "If we were to replace rights with a
permissive scheme, in 50 years' time when my
daughter is taking her children to Dartmoor then
who knows what will be left of the right to wild camp.
"The rights lock in something which is historic
and something we've enjoyed here for generations."
About 450 people endured wet weather to attend
the event at Hound Tor, organisers said.........
www.righttoroam.org.uk/ https://www.cnp.org.uk/ (Stars are for Everyone)
Millionaire hedge fund managers Dartmoor wild
camping row reaches Supreme Court
https://www.independent.co.uk/news/uk/home-news/dartmoor-wild-camping-court-challenge-b2625665.html
Alexander Darwall, a hedge fund manager, is
challenging the Court of Appeal ruling
<https://www.independent.co.uk/author/callum-parke>Callum Parke 2 hours ago
People attend a protest against a court ruling to ban Wild Camp
Emacs!
People attend a protest against a court ruling to
ban Wild Camping on Dartmoor, Cornwood, January 21 2023 ( SWNS)
Morning Headlines
Two landowners are continuing their long-running
battle against people camping on Dartmoor today.
The
<https://www.independent.co.uk/topic/supreme-court>Supreme
Court is set to consider the right to wild camp
on <https://www.independent.co.uk/topic/dartmoor>the national park in Devon.
Alexander and Diana Darwall are challenging a
Court of Appeal ruling which said that members of
the public have the right to wild camp in the national park in Devon.
The couple keep cattle on Stall Moor, which forms
part of their more than 3,450-acre estate in the
southern part of Dartmoor, and claim that some
campers cause problems to livestock and the environment.
Their appeal to the UKs highest court is opposed
by the Dartmoor National Park Authority (DNPA),
which previously said that it would seek to
defend the publics right to access the national
park for open-air recreation while continuing
work to protect Dartmoors unique characteristics.
Dartmoor National Park, designated in 1951,
covers a 368-square mile area that features
commons areas of unenclosed privately owned
moorland where locals can put livestock.
Alexander Darwall landowner on dartmoor
Alexander Darwall landowner on dartmoor (Edison)
The case has already been through two lower
courts, with
<https://www.independent.co.uk/topic/high-court>High
Court judge Sir Julian Flaux ruling in January
last year that a nearly 40-year-old piece of
legislation did not give people the right to
pitch tents overnight on the Dartmoor Commons without landowners permission.
Campaigners argued that Sir Julians earlier
ruling went too far and could affect
bird-watching, fishing and other activities, and
labelled the judgment a huge step backward
which could affect a long-established precedent
of wild camping in the national park.
The DNPA later asked appeal judges to overturn
the High Courts decision, arguing Sir Julian had
the wrong interpretation of a 1985 law over
rights of access to the Dartmoor Commons.
In July 2023, the Court of Appeal ruled in the
DNPAs favour, finding that the law confers on
members of the public the right to rest or sleep
on the Dartmoor Commons, whether by day or night
and whether in a tent or otherwise as long as byelaws are followed.
Sir Geoffrey Vos, who heard the appeal with
<https://www.independent.co.uk/topic/lord>Lord
<https://www.independent.co.uk/topic/justice>Justice
Underhill and Lord Justice Newey, said the
critical question was whether wild camping
could be considered a form of open-air recreation, finding it was.
A crowd of protesters outside the Royal Courts of Justice, Lond
A crowd of protesters outside the Royal Courts of Justice, London (PA)
But in January this year, Mr and Mrs Darwall were
given the green light to take the case to the Supreme Court.
Ahead of the hearing, Mr Darwall, a hedge fund
manager, said: As someone born in Devon, I am
very fortunate and proud to have become the
custodian of part of this beautiful but fragile landscape.
No-one is suggesting restricting public access
to walk or ride in the national park. But the
extent of recreational activity is an important
issue if we want to preserve the open moor for the long term.
Sadly, many campers do not observe the leave no
trace principle. Campfires on dry ground are
dangerous. They also involve habitat destruction,
as people break or saw branches from trees and burn them.
In addition, campers often leave litter and
human excrement, which land managers are forced to clear up after them.
Dartmoor is not in good condition, as the 2023 Fursdon Review acknowledged.
The Dartmoor National Park Authority does not
have sufficient resources to police public activity across the national park.
A campfire on a windy summer night does
devastating damage if it spreads across dry peat moorland.
Dartmoors fragile landscape takes years to
regenerate after wildfires. It is vital that land
managers have the power to ask irresponsible and anti-social campers to move.
Lord Reed, Lord Sales, Lord Stephens, Lady Rose
and Lady Simler will hear the case on Tuesday,
with the hearing due to last one day scheduled to begin at 10:30am.
A judgment is expected at a later date.
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