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Judicial review launched against Dartmoor commons council in overgrazing claim

A legal campaign group has issued proceedings against Dartmoor Commons Council in a judicial review claim that argues the council has failed to curb overgrazing by sheep, breaching its duty to protect the moor's habitat.

Campaigners at Wild Justice claim the commons council has not managed livestock levels, contributing to a decline in heath and bog conditions.

Dartmoor National Park covers 95,000 hectares, with 46,000 hectares of moorland, 36,000 hectares of which is registered common land.

There are 92 registered commons on Dartmoor and 54 commons owners who grant rights for "commoners" to pasture sheep, cattle and ponies.

The 1985 Act provides that the commons council must maintain the commons and promote proper standards of livestock husbandry, including the assessment of the number of animals that should be permitted to graze.

However, in its application to the High Court, Wild Justice says the organisation has not fulfilled its legal responsibilities for the following reasons:

  1. Breach of the DCA 1985 – section 5(1)(a)(ii) DCA 1985 expressly requires DCC to make regulations "to ensure that the commons are not overstocked". DCC chose to make regulations enabling it to issue limitation notices as a means of controlling stock numbers. However, DCC has not issued any limitation notices in at least the last 10 years, in breach of its statutory duties. Under section 4(1) DCA 1985, DCC is also required "to have regard to the conservation and enhancement of the natural beauty of the commons". As DCC has failed in the past 10 years to even consider whether to issue limitation notices for this purpose, it has plainly failed to discharge this obligation, Wild Justice claims.
  2. Breach of the Wildlife and Countryside Act 1981 (WCA 1981) – under section 28(G) WCA 1981, DCC is under a duty to take reasonable steps to further the conservation and enhancement of the flora, fauna, geological or physiographical features of the parts of the commons that overlap with the Dartmoor SSSIs. As DCC has been unable to provide any documentation to show that it has considered this requirement, Wild Justice considers that it has failed to fulfil this duty.
  3. Breach of Regulation 9(3) of the Habitats and Species Regulations 2017 (Habitats Regulations) – Reg 9(3) of the Habitats Regulations requires DCC to have regard to the requirements of the Habitats Directives when exercising its functions. This includes taking appropriate steps to avoid the deterioration of habitats and species for which an SAC has been designated. Even though there is a large overlap between the commons and the Dartmoor SAC, DCC has been unable to show that it has done anything to discharge this duty – in fact by failing to consider whether to issue limitation notices to control overstocking, DCC has in effect actively avoided taking any such steps.
  4. DCC acting outside the DCA 1985 – the minutes of the DCC contain almost no consideration of DCC's statutory duties under the DCA 1985. Instead, they reveal that DCC was "established to represent the commoners". "Representing the commoners" is not within DCC's statutory remit.

In a statement, Wild Justice said: "DCC was set up with the duty and the powers to protect and enhance Dartmoor's environment. The fact that all are agreed that Dartmoor is not in a good state shows that things need to change, starting with DCC's reluctance to use the powers that parliament gave it."

Wild Justice is represented by Carol Day and Ricardo Gama in the environment team at law firm Leigh Day. Solicitor Carol Day said: "Our client is concerned about the parlous state of the Dartmoor commons and hopes this judicial review will clarify how DCC should be exercising its statutory duties to protect and enhance these nationally and internationally important habitats."

A spokesperson for Dartmoor Commons Council meanwhile said the council has been implementing recommendations made in a 2023 report named the Fursdon Review, which concerned land management on Dartmoor.

"The spokesperson said: "Dartmoor Commoners' Council and its members obviously take the welfare of the common very seriously. Dartmoor Commoners' Council actively participated in the Fursdon Report and are focused on the recommendations made by that report and engagement with the Land Use Management Group once established."

Wild Justice claims that the Fursdon Review's recommendations are "inadequate".

Adam Carey