On legal ground? Just what is the deal on wild camping? And what does the future hold?
“To head out into the wilds with all you need in your backpack and to know that you can sleep where you choose without all the trappings of modern life we think we need, is the most incredibly exhilarating feeling.”
S poiler alert: in most of the UK, wild camping is illegal. That’s the usual (and perhaps surprising) rule of thumb when it comes to pitching tents anywhere other than dedicated campsites. Scotland is the glowing beacon of exception. Here there’s public access to all land (with a few limitations) for a range of activities – including camping. The Scottish Outdoor Access Code explains that where camping is lightweight, done in small numbers and only for two or three nights, you can camp wherever these access rights apply (although there are conditions attached – see www.outdooraccess-scotland. com). This provides some of the most generous and permissive access anywhere in the world, although it’s worth noting that it can be withdrawn under certain conditions such as during deer stalking or grouse shooting seasons. But in the rest of the UK, things are far less open.
In Northern Ireland access is restricted to land in public ownership and to which the public are invited to use, public rights of way (which are far fewer in NI), or where the public have the landowner’s permission. In England and Wales the Countryside and Rights of Way Act (CRoW) grants the public right of access to land mapped as ‘open country’ (mountain, moor, heath and down) or registered common land for uses such as walking, climbing and running. But camping is explicitly prohibited. The only exception is Dartmoor, although even here permission to camp is not universal and many areas are nocamp zones (see www.dartmoor.gov.uk/about-us/ who-we-are/byelaws for a list of exclusions).
The specifics of the law mean that to avoid committing trespass (a civil rather than criminal matter), permission is required from whoever owns the particular patch of moor, mountain or heath you wish to pitch on. But this can be problematic. Andy Strangeway is a campaigner and adventurer who in 2007 completed his goal of wild sleeping on Scotland’s 162 islands over 40 hectares. But it was during a subsequent challenge to sleep on the county tops of England and Wales that he encountered a problem. “Due to data protection, Natural England could not give me landowner contact details so I could seek such permissions,” Andy informed us. “I realised that the law could never legislate against a two-month old baby falling asleep in its father’s arms and so developed my thinking from there. As camping is stated to be in a tent, cabin or hut, I submitted the following statement to NE: ‘On public rights of way, I have a right to pass and repass, take rest and/or sleep so long as it is not in a tent.’ They did not disagree. As a result I slept on the summit of 49 out of the 52 county tops of England and Wales in my bivvy bag.”
Semantics aside, Andy’s experience highlights an established difficulty. Many of the areas in which we might choose to wild camp are maintained by National Park Authorities, but these NPAs are not necessarily the owners of the land. This can confuse matters when it comes to seeking permission. For example, the Lake District National Park has an extremely useful guide to wild camping on its website (www. lakedistrict.gov.uk/visiting/where-to-stay/wildcamping) where it states that, “wild camping is an unforgettable experience and the Lake District is certainly a stunningly beautiful part of the country to pitch your tent.” But the same page also explains that they, “do not have the power to allow camping on private land and do not permit camping on the land that we own.”
We raised this seemingly conflicting advice with Richard Leafe, chief executive of the Lake District National Park. “There’s a tradition of tolerance when it comes to wild camping in the Lakes,” Richard told us. “It’s a great way to enjoy the park and I’m personally a fan of it. The Authority doesn’t have the ability to unreservedly permit camping across the park, but we have an understanding within the relatively small number of landowners within the central Lake District that responsible wild camping by well-behaved members of the public should be tolerated on the proviso that it’s not to the detriment of other users or the environment.”
When asked if he had any interest in making wild camping ‘legal’ in a more official manner, Richard’s answer was unequivocal. “It’s not on my list of things to do. We don’t want to end up in a situation like that in Loch Lomond. We’d rather keep it tolerated than permitted and maintain the understanding that this tolerance can be withdrawn.”
Ah, yes – the Loch Lomond scenario. As stated, the right to wild camp in Scotland is enshrined in the Land Reform Act 2003 (LRA). Sadly for those who would use this privilege responsibly, the behaviour of a minority of disrespectful campers – such as littering, fire lighting and deliberate damage to the environment – led to an unfortunate outcome. As of March this year, a by-law was introduced making it necessary to acquire a paid-for permit from the Loch Lomond & The Trossachs National Park in order to camp in certain locations around the loch. This was met with outrage by proponents of unrestricted wild camping who argued that the restrictions flew in the face of the advances made by the LRA.
Phoebe Smith, author of Extreme Sleeps and a wild camping evangelist, is one of those aggrieved by what she considers a retrograde step in access rights. “The National Park are effectively criminalising wild campers who could now face a criminal record and hefty fine. As the nearest NP to Glasgow, it’s often the first place that inner city children go to experience the great outdoors. Now swathes of the most suitable wild camp spots are out of bounds. It’s a completely shortsighted and backward step and the start of a slippery slope at a time when England and Wales should be looking to Scotland as a leading light in access rights.”
The National Park claim they were left with little alternative. “(The Park) is visited by over four million people every year. The by-laws are needed because the sheer number of visitors to some of our most easily accessible loch shore areas, combined with damage from antisocial behaviour, is causing significant damage to both the environment and to the local communities.”
As it stands, the Camping Management Zones cover less than four per cent of the park and are only in effect between March and September. However, other sites around Scotland (such as Glen Etive) whose proximity to roads and wild scenery mean they are suffering from similar ailments will be following developments around Loch Lomond with interest.
Outside of Scotland, there’s still the issue of landowner permission. One of the largest landowners in the mountain areas of England and Wales is the National Trust, so what’s its take on wild camping? Gareth Field, outdoor activity licensing project manager, told us that, far from being opposed to it, the Trust not only tolerates responsible wild camping – but extols the virtues of the true wilderness experience.
“We value and love getting away from society, into the wild and camping. If done responsibly, wild camping is a fantastic experience – one that many National Trust staff enjoy regularly. The term ‘wild’ is key; for example, in the mountains, high above the fell wall where the campsite is selected to minimise impact upon the landscape or other people. We believe that camping in the valleys and lake shores is best done through dedicated campsites.”
It would seem that although they wish to stop short of providing carte blanche permission, both the Lake District National Park and the National Trust are tolerant of wild camping. With things looking up, we contacted Snowdonia National Park (SNP) to see if their approach was equally open-minded. Peter Rutherford, access officer at Snowdonia National Park Authority replied to our email: “The SNP’s stance is clear. There is no legislation that allows wild camping in England and Wales so therefore, unless permission is granted by landowners, this activity cannot take place.”
Given the difficulties in establishing who the landowner might be, would it prepared
Cover photograph: on Bristly Ridge, Tryfan beyond
Phoebe Smith makes the most of Scotland’s acceptance of wild campers in the Southern Uplands.