Is wild camping in England legal or illegal? (Poll)

[horizon]

it is up to you whether you choose to define it narrowly (restricted to criminal law) or broadly (including civil law).

Bicycler: thank you for your post, most of which I agree with. The only thing I take issue with is the above - I didn't define it - I simply read it and am still waiting for those people who believe it to be illegal to say how narrowly they are defining it.

It really shouldn't matter, as so much depends on circumstance and appearance. So why this rush to call illegal?

[pete75]

The litter laws do not extend to private property without access to it.

http://www.legislation.gov.uk/ukpga/1990/43/section/87

(3)This section does not apply to a place which is “open to the air” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment.

Fly tipping and waste are too general terms to actually say they are wholly illegal.

It is illegal to dump controlled waste on private property, it is illegal to dump commercial waste on private property but it is only illegal to dump private household waste on somebody else's private property if it contaminates the environment or public heath. It then becomes an offence (for the landowner) if the landowner doesnt clear it up.

CNEA 2005

What you're saying then is that anyone is legally entitled to dump non contaminating private household waste in your garden......

As to the original question taking the normal definition of illegal as being something prohibited by criminal law wild camping is only illegal in certain places where it is a criminal offence to trespass or where a local bylaw has been made to prohibit it.

[beardy]

The litter laws do not extend to private property without access to it.

http://www.legislation.gov.uk/ukpga/1990/43/section/87

(3)This section does not apply to a place which is “open to the air” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment.

Fly tipping and waste are too general terms to actually say they are wholly illegal.

It is illegal to dump controlled waste on private property, it is illegal to dump commercial waste on private property but it is only illegal to dump private household waste on somebody else's private property if it contaminates the environment or public heath. It then becomes an offence (for the landowner) if the landowner doesnt clear it up.

CNEA 2005

What you're saying then is that anyone is legally entitled to dump non contaminating private household waste in your garden......

As to the original question taking the normal definition of illegal as being something prohibited by criminal law wild camping is only illegal in certain places where it is a criminal offence to trespass or where a local bylaw has been made to prohibit it.

No, I am saying no such thing. I am just saying that it isnt a criminal offence.
You are not legally entitled to walk up my path to my door, I can stand at the gate and stop you, by force if needed. However if you do walk up my path and knock on my door without any prior invitation to do so, you have broken no law.
Unfortunately the same goes for leaving litter in my garden.

[pete75]

The litter laws do not extend to private property without access to it.

http://www.legislation.gov.uk/ukpga/1990/43/section/87

(3)This section does not apply to a place which is “open to the air” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment.

Fly tipping and waste are too general terms to actually say they are wholly illegal.

It is illegal to dump controlled waste on private property, it is illegal to dump commercial waste on private property but it is only illegal to dump private household waste on somebody else's private property if it contaminates the environment or public heath. It then becomes an offence (for the landowner) if the landowner doesnt clear it up.

CNEA 2005

What you're saying then is that anyone is legally entitled to dump non contaminating private household waste in your garden......

As to the original question taking the normal definition of illegal as being something prohibited by criminal law wild camping is only illegal in certain places where it is a criminal offence to trespass or where a local bylaw has been made to prohibit it.

No, I am saying no such thing. I am just saying that it isnt a criminal offence.
You are not legally entitled to walk up my path to my door, I can stand at the gate and stop you, by force if needed. However if you do walk up my path and knock on my door without any prior invitation to do so, you have broken no law.
Unfortunately the same goes for leaving litter in my garden.

I think you're confusing littering and fly tipping - according to this there is a difference and fly tipping is always illegal and if anyone should know it's the Keep Britain Tidy organisation.... http://kb.keepbritaintidy.org/flytippin ... flylaw.pdf

[beardy]

I agree that I am unsure of what exactly constitutes waste but if you read that leaflet which you link to and in particular the laws which underpin it, s33, s34 and s59, you will see that it is just as illegal to dump this waste on your own land as it is on somebody else's.

So it is the actual nature of this waste rather than the act of trespassing on another's property which makes it an illegal act.

[horizon]

A quick update on the voting which is now improving to about one third in terms of those who think it is legal.

[NATURAL ANKLING]

Hi,
I am not up to date with the posts.
I was always led to believe that you could not just camp anywhere as all land is owned by someone.
But a lot of it is covered by Highway law and local Bylaws.
The Crow Act? probably changes all that.

I wont worry about it much, and I would imagine apart from directly owned private land nosey parkers probably don't know much.
If your are not doing something which affects others in a bad way / contaminating a water course etc then no one with exception of the police could or has the right to remove you except ask if they own the land, and remember that trespass exit is shortest route to a public path / highway where practicable.

In the past young and naïve I was, I allowed balling older people to boss me around if they thought they were right and or in authority.
But don't .....you should not have to receive some rant / a shotgun faced in your nose by anyone, even if you naively stray off the path.

Always ask for ID from the niggle unless its pc plod otherwise who are they.

[Farawayvisions]

In an extract from my guide to Wild camping, I describe it as follows.

Wild camping is essentially sleeping on somebody’s land, therefore permission should be sought before setting up camp in England and Wales. Scotland is the exception (though there are some exclusion zones) and in England, Dartmoor welcomes responsible wild campers.
I’ve never managed to find any signs telling me who owns what and where, so have never bothered asking permission. I live by the, ‘It’s easier to ask for forgiveness than ask for permission’ rule. If a landowner ever asks me to leave, I will do as he/she wishes.

http://www.farawayvisions.com/wild-camping-beginners-guide/

[beardy]

I do prefer to camp on community owned land rather than individual's land.
Much less of a personal trespass or insult.
The whole basis of assumed illegality is an assumption that the land owner doesnt want you there.
Other bits of land are there for public use and in the absence of any sign forbidding camping (of which there are plenty) you are merely using it in an unusual way.

My favourite is Church property because I know that they are claiming it is God's house (and they often have taps, benches and mown grass) and from everything I have read their God is supposed to like me (even though I dont believe in him).
If they throw me off it would re-affirm some of my views about hypercritical church goers, as it is I have actually been nicely received.

I also like village halls and their fields, I do my share in maintaining our local one and would not mind if I found a tent up there in a secluded corner early one morning. You have to leave such places very early as they are popular early morning toilet spots for dog owners.

[horizon]

In an extract from my guide to Wild camping, I describe it as follows.

Wild camping is essentially sleeping on somebody’s land, therefore permission should be sought before setting up camp in England and Wales. Scotland is the exception (though there are some exclusion zones) and in England, Dartmoor welcomes responsible wild campers.
I’ve never managed to find any signs telling me who owns what and where, so have never bothered asking permission. I live by the, ‘It’s easier to ask for forgiveness than ask for permission’ rule. If a landowner ever asks me to leave, I will do as he/she wishes.

http://www.farawayvisions.com/wild-camping-beginners-guide/

Did you vote in the poll?

[Farawayvisions]

Did you vote in the poll?

Yes I did.

[hamish]

It isnt even illegal to dump waste on private land!
The Police will not* investigate because it is a civil matter on private land, like other forms of trespass all you can do is sue for the damage caused and try and prevent it if you are in a position to try and do so.

The party doing the dumping isnt going to appear in a criminal court or get a criminal prosecution just for the dumping.

*they may do so if there are additional concerns.

It can be illegal under the Environmental Permitting Regs (and before them the Waste Management Licencing Regs) to deposit waste on land - the police do not take action because the enforcing authorities in England are the Environment Agency or the relevant Local Authority (council).

[leftpoole]

Hello!
If you are 'allowed' to sit on a Picnic rug eating lunch, drinking champagne and generally have a relaxed day, it is legal.
If you are on the same spot at night, overnight it is legal.
If you choose to cover yourself against the cold, it is legal.
If you put up a dwelling (tent) it is tolerated the one time.
This is how I view it.
Regards,
John

[mikey951r]

I have on occassion camped on playing fields or in the corner of a park on the basis that the council are unlikley to be around to move me on in the evening. Recently I started wondering about camping on the road verges. Let me explain further. Not close to the road nor on busy roads but on quiet country roads. For instance the verges in the lanes where I live near Newark are very wide, in some cases 4 or even 5 metres back to the hedge line. They also frequently have trees on them. My theory is for a one night camp the verge could be easily utilised. A person could be protected from any road users by choosing a place where a tree would stop anyone from accidentally hitting them or on the inside of bend close to the hedge line. I assume that the verges are owned by the council highways department and therefore I would be very surprised if anyone would ever actually be bothered or would actually get round to moving me on. In our area we frequently see travellers utilising the wider verges especially on the old roman roads where they are up to 10 metres wide. Indeed it could be on the basis that the verges are part of the highway that they're allowed to use them. Any thoughts?

[leftpoole]

I have camped on 'verges' in the past. I also camped on a large roundabout in France one time!
John