Alexander Darwall & Anor v Dartmoor National Park Authority

Alexander Darwall & Anor v Dartmoor National Park Authority

Section 10(1) of the Dartmoor Commons Act 1985 confers on the public a right of access to the commons on foot or horseback for the purpose of open-air recreation, which includes wild camping (camping overnight in a tent), provided that the activity is conducted in accordance with applicable byelaws and statutory restrictions. The words 'open-air recreation' are clear and unambiguous and encompass wild camping as a form of recreation.

Parties
Claimant/respondent: Alexander Darwall; Claimant/respondent: Diana Darwall; Defendant/appellant: Dartmoor National Park Authority; Intervener: Open Spaces Society
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Right to Roam, Wild Camping, Commons, Interpretation of Dartmoor Commons Act 1985, Byelaws, Property Rights
Land Law Statutory Interpretation Public Access Rights Right to Roam Wild Camping Commons Interpretation of Dartmoor Commons Act 1985 Byelaws +1 more

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Parties

Alexander Darwall

Claimant/respondent

Diana Darwall

Claimant/respondent

Dartmoor National Park Authority

Defendant/appellant

Open Spaces Society

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 10(1) of the Dartmoor Commons Act 1985 confers a right to wild camp (camp overnight) on Dartmoor Commons without landowner permission
  2. 2 Proper interpretation of 'open-air recreation' in the context of public access rights

Ratio Decidendi

Section 10(1) of the Dartmoor Commons Act 1985 confers on the public a right of access to the commons on foot or horseback for the purpose of open-air recreation, which includes wild camping (camping overnight in a tent), provided that the activity is conducted in accordance with applicable byelaws and statutory restrictions. The words 'open-air recreation' are clear and unambiguous and encompass wild camping as a form of recreation.

Court Disposition

Appeal allowed

Orders

  • Declaration to be made that section 10(1) of the Dartmoor Commons Act 1985 confers a right to wild camp, subject to compliance with byelaws and statutory restrictions. Written submissions invited on the precise form of the declaration.