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 a right to roam on foot or horseback for open-air recreation but does not include, expressly or by necessary implication, a right to camp overnight (wild camp) without the landowner's consent. There is no statutory or customary right to wild camp, and the context, legislative history, and statutory language do not support such a right. The claimants are entitled to declaratory relief confirming that camping requires landowner consent.

Parties
Claimant: Alexander Darwall; Claimant: Diana Darwall; Defendant: Dartmoor National Park Authority
Jurisdiction
England and Wales
Judgment Date
13 January 2023
Procedural Posture
Civil / Judgment After Trial
Outcome
Declaration granted for claimants
Legal Topics
Public Rights of Access, Commons, Wild Camping, Expropriation, Customary Rights, Declaratory Relief
Property Law Statutory Interpretation Public Rights of Access Commons Wild Camping Expropriation Customary Rights Declaratory Relief

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Parties

Alexander Darwall

Claimant

Diana Darwall

Claimant

Dartmoor National Park Authority

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Does section 10(1) of the Dartmoor Commons Act 1985 confer a public right to camp overnight on the Commons?
  2. 2 Is there a local custom of camping on the Commons with the force of law despite section 10(1)?
  3. 3 Should the court exercise its discretion to grant declaratory relief?

Ratio Decidendi

Section 10(1) of the Dartmoor Commons Act 1985 confers a right to roam on foot or horseback for open-air recreation but does not include, expressly or by necessary implication, a right to camp overnight (wild camp) without the landowner's consent. There is no statutory or customary right to wild camp, and the context, legislative history, and statutory language do not support such a right. The claimants are entitled to declaratory relief confirming that camping requires landowner consent.

Court Disposition

Declaration granted for claimants

Orders

  • It is declared that section 10(1) of the Dartmoor Commons Act 1985 does not confer on the public any right to pitch tents or otherwise make camp overnight on Dartmoor Commons without the landowner's consent.
  • Any such camping requires the consent of the landowner.