Only walking or horseriding is allowed on Dartmoor under a nearly 40-year-old piece of legislation, lawyers for two landowners have told the Supreme Court.
Alexander and Diana Darwall are challenging a Court of Appeal ruling which said members of the public have the right to wild camp in the national park in Devon.
Their appeal to the UK鈥檚 highest court is opposed by the Dartmoor National Park Authority (DNPA), which previously said it would seek 鈥渢o defend the public鈥檚 right to access the national park for open-air recreation鈥 while continuing work to 鈥減rotect Dartmoor鈥檚 unique characteristics鈥.
Dartmoor National Park, designated in 1951, covers a 368-square mile area that features 鈥渃ommons鈥 鈥 areas of unenclosed privately owned moorland where locals can put livestock.
The Dartmoor Commons Act 1985 says 鈥渢he public shall have the right of access to the commons on foot and on horseback for the purpose of
open-air recreation鈥.
He continued: 鈥淭he words 鈥榦pen-air recreation鈥 are used in a different part of the sentence and with a different grammatical function: not describing what public had a right to do on Dartmoor but, rather, describing the purpose for which the public might exercise its right to walk and ride on Dartmoor.鈥
However, barristers for the DNPA said the phrase 鈥渙n foot鈥 means 鈥渢he access to the commons should be pedestrian and not vehicular鈥.
Richard Honey KC said in written submissions: 鈥淚t does not mean that persons must be standing up at all times… A construction which would prevent someone exercising the (access) right from sitting, kneeling or lying down would be absurd.鈥
Mr Morshead continued that the Darwalls are 鈥渘ot motivated by a desire to stop camping on Dartmoor鈥, but 鈥渃oncerns arise from their responsibilities as stewards of the land in their ownership and over which they have commoners鈥 rights: concerns about the damage that wild camping can cause and, in particular, about the significant risk of fire associated with it鈥.
However, the DNPA called the suggestion that erecting a tent damages land and vegetation 鈥渁bsurd鈥.
In written submissions, Mr Honey said: 鈥淭he suggestion that merely erecting a tent for backpack or wild camping damages the land and vegetation is absurd.
鈥淓recting a tent for backpack or wild camping for a night or two would do no such damage.鈥
But in July that year, the Court of Appeal overturned this decision, finding the law 鈥渃onfers 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鈥 as long as byelaws are followed.
Campaigners from Right to Roam and The Stars are for Everyone played music and danced while some held banners outside the court during the hearing.
Caroline Voaden, MP for South Devon, said access to nature is a 鈥渇undamental necessity for all of us鈥.
She said: 鈥淚n a country where poor mental health has become one of the crises of our times, it is more vital than ever that people can have access to this land. We absolutely must protect this right 鈥 and I hope extend it to other wild open spaces and national parks across the country so more people can experience the thrill of wild camping.
鈥淭he land belongs to all of us. The stars are for everyone. It鈥檚 a tragedy that this must be tested, yet again, in the courtroom.鈥
The hearing before Lords Reed, Sales and Stephens, as well as Lady Rose and Lady Simler, concluded on Tuesday, with a judgment expected in writing at a later date.