Advertisement

Wild camping is on the rise in Britain – but is it legal?

Wild camping - Getty
Wild camping - Getty

On the surface, wild camping seems like the perfect staycation solution this summer. After months trapped at home, the appeal of vast open spaces has never been greater and pitching up a tent in the wilderness promises the ultimate socially distanced break. Not to mention it’s low-cost, in these economically fraught times.

However, the pursuit has never been more contentious. While there is no doubt a strong community of responsible campers, national parks have reported a record rise in damaging behaviour from unauthorised overnight visitors.

The National Trust has said that since the easing of lockdown it has seen a steep increase in what it calls “fly camping” – where visitors leave behind a deluge of rubbish and sometimes even tents.

“We are seeing a disposable festival mentality which we’ve not experienced at our places before.” said Ben McCarthy, head of nature conservation and restoration at the National Trust. He added: “Some campers are also lighting campfires, which can cause big problems, especially with the land still being very dry despite recent rainfall.”

Rob Rhodes, head of rangers at the National Trust echoed these concerns and emphasised the long-term damage being done. He said: “This unsociable behaviour by some is taking up so much time that it’s affecting not only the upkeep of our sites, but taking our staff away from vital conservation work and engaging with visitors.

“Leaving debris and litter behind can cause issues for wildlife, such as injuring animals and destroying habitats.”

The situation has no doubt been exacerbated by official camping sites reopening with limited capacity and pricey rates, which has potentially encouraged people to pitch up in prohibited locations.

The practice is so widespread that wild camping patrols have been launched by police across the country. In June, more than 200 people were caught wild camping in the Lake District, with 20 fined for having a party and others for lighting fires. In the New Forest, meanwhile, Forestry England reported having to extinguish campfires.

While no one condones ‘fly-camping’, is it fair that conscientious campers are tarred with the same brush? Making the situation more complex, setting up a tent in the wild remains a legally grey area.

Here we break down the laws around wild camping in Britain and share advice for those hoping to head out on a responsible remote camping trip.

Is wild camping illegal in the UK?

In the UK more than 90 per cent of land is owned by someone, be it an individual, a charity (such as the National Trust), or the Crown Estate, which itself owns a staggering 678,420 acres. This means any time you are rambling in an open field, it likely belongs to someone and, unless you are on a public footpath or land covered by right-to-roam laws, the owner can shoo you away.

In England, Wales and Northern Ireland, wild camping is generally not allowed, unless you have gained permission from the landowner. However, ignoring this is not a criminal offence, so you can't expect a fine or a court case if you are caught sleeping under canvas. But because you are trespassing, you must move on if you are asked to do so. It is, simply put, not allowed.

As is often the case with complex and sometimes contradictory British laws, there are some exceptions to the rule. For example, you can legally camp in certain parts of Dartmoor National Park thanks to a 1985 byelaw. To stay within the rules, you must carry your own equipment as part of your walk and only stay for a maximum of two nights. Large tents or groups camping together are not permitted. If planning a trip to Dartmoor, keep up to date with the map of where you can stay – a temporary ban on camping in the Bellever area has been put in place until September 2, after reports of widespread littering and campfires.

 - Getty
- Getty

What about Scotland?

It’s a different story in Scotland, where you can camp on most unenclosed land thanks to the Land Reform Act of 2003. Of course, there are some restrictions: you cannot set up camp on farmed land or golf courses, for example.

Wild campers in Scotland should follow the Scottish Outdoor Access Code, which is based on three principles: respecting the interests of others, caring for the environment and taking responsibility for your own actions. The code offers detailed advice for would-be campers and alerts them to any local rule changes. For example, since March 2017, camping in certain areas of Loch Lomond and The Trossachs National Park has been banned, unless it is within designated campsites or you have a camping permit.

Could the rules change?

There is a growing movement to legalise responsible wild camping. Prolific wild camper Phoebe Smith told Telegraph Travel last year that camping in the wilderness can help connect younger generations with nature. She said: “By making wild camping legal you can teach children how to do it properly, ingraining into them how our national parks and beautiful landscapes have value. Showing them the value when they are young means they’ll strive to protect it as they get older.”

Telegraph Travel’s Greg Dickinson has also extolled the pleasures of wild camping, writing: “For me – and many others – sleeping outdoors is a simple, uncomplicated, liberating pleasure, perhaps part of the same neurological architecture that enjoyed climbing trees and paddling in streams as a child.”

A pilot scheme was introduced in May that aimed to open up camping access in national parks. The website UK Wild Camp, partially funded by DEFRA, offered campers the chance to book £20 tent pitches in previously off-limits sites including the South Downs Way and the Lake District. However, the test scheme was dropped days after launching, with critics saying that, as they offered fixed sites, it was not wild camping. The organisation admitted that they “inadvertently kicked over a hornets' nest among the existing wild camping community.”

How can I be responsible when wild camping?

The number one rule for wild camping is to leave no trace of your stay. You want to cause as little disruption as possible to the local wildlife, so it is best to set up your camp late and leave early. Choosing a remote spot is also key, so you aren’t bothering fellow nature lovers or, indeed, potentially angry landowners. Remember to travel light, with a small tent that fits in your rucksack - this is not a glamping expedition. Lighting fires is off-limits and camping stoves should be carefully monitored so they don’t scorch the grass. When you go to the loo, be sure to dig a hole and go far away from any streams or lakes.