Dartmoor was one of the few areas in England where wild camping was lawfully permitted. Photo: Dartmoor NPA

A Dartmoor landowner has won a High Court case which challenged the right to wild camp in the national park.

Sir Julian Flaux, Chancellor of the High Court, upheld Alexander Darwall and his wife Diana’s contention that the legal definition of open-air recreation did not include camping.

The hedge-fund manager, who has owned the Blachford Estate and Stall Moor, north of Ivybridge, since 2013, argued that the Dartmoor Commons Act 1985 did not give the public the right to camp without the landowner’s permission.

The ruling means anyone wanting to wild camp in the Dartmoor national park must now obtain permission first. Previously, parts of the park were the only place in England where wild camping without the owner’s consent was lawfully permitted.

The judge 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, he said, adding that some campers on the couple’s estate had caused problems with livestock and the environment.

Dartmoor National Park Authority had defended the right to wild camp, stating that campers followed a code of conduct, backpacking their gear onto the moors and staying for a maximum of two nights.

The authority said: “We’re disappointed with the result of the wild camping legal challenge. We’ll consider our position before deciding if to appeal and also discuss with landowners. We maintain wild camping is key part of open-air recreation, a way to enjoy Dartmoor.”

It immediately altered its website advice, stating: “The High Court declared on 13 January that 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 the Dartmoor Commons.

“Therefore, Dartmoor National Park Authority encourages anyone who is planning to wild camp to seek the consent of the landowner.

“Please note that DNPA is not allowed to share contact details of individual landowners on Dartmoor.”

The Stars are for Everyone group, which has campaigned to keep the right to wild camp, said it was reeling from the decision. It is planning a protest on Saturday.

The Duke of Edinburgh’s Award said following the ruling: “We’re deeply disappointed by today’s decision. The pandemic’s aftershocks and a once-in-a-lifetime cost of living crisis are taking a harmful toll on young people’s mental health.

“Now’s the time to protect and extend their right to explore the outdoors, not limit it further. Getting outdoors brings vital physical and mental health benefits. We’re liaising with Dartmoor National Park Authority and hope to ensure young people who explore our countryside for their DofE won’t lose out on a unique thrill of solitude, independence and adventure that wild camping brings.”

As part of the expedition section of the award, young participants must undertake self-sufficient journeys, including overnight camping.

The largest landowner in Dartmoor national park is the Duchy of Cornwall, headed by the Prince of Wales.

The Ramblers, the campaigning charity, said: “This decision is a huge step backward for the right of everyone to access nature.

“We support the long established precedent of wild camping across Dartmoor Commons and we’ll fight with Dartmoor National Park Authority to defend our rights of access and overturn this result.”

Caroline Lucas, the Green Party MP for Brighton Pavilion, said it was a devastating verdict. “The right to wild camp in England and Wales has been stolen from us. Access to nature and green space has so many benefits for our health, wellbeing and economy. The fight to defend the right to roam must go on.”

In Scotland, the Land Reform (Scotland) Act 2003 affords the public the right to responsible wild camping. No such legal right exists in the rest of the UK unless the landowner’s permission is obtained, though wild camping on fells and mountains is tolerated in many areas such as the English Lake District.

Candidates in the Mountain Leader award, a qualification for leading walks in the mountains of the British Isles, must complete expeditions that include wild camping as part of their training and assessment.

• Bob Smith is a qualified Mountain Leader and a Duke of Edinburgh’s Award co-ordinator