Regulatory Podcast Episode 5: All I want for Christmas is… Open Access?
December 23, 2025
The Six Pump Court Regulatory Podcast is back for a festive finale to 2025!
In this episode, host Doug Scott is joined by Jemima Lovatt to explore the protection of common land and open spaces, and why these shared landscapes sit at the intersection of environmental law, public access and private property rights.
With a nod to Rudolph’s need for somewhere to land, Doug and Jemima unpack the Supreme Court’s decision in Darwall v Dartmoor National Park Authority, examining what it means for wild camping, open-air recreation and the limits of landowners’ control. They discuss how regulators (mainly park authorities) should manage competing interests through byelaws and public law mechanisms, and the important role played by organisations such as the Open Spaces Society in protecting commons from incremental loss.
The episode also briefly looks ahead to the emerging idea of “rights of nature” and whether English law may be pushed to rethink how it values land held for collective benefit.
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Citations:
Supreme Court judgment — Darwall and another v Dartmoor National Park Authority [2025] UKSC 20 (PDF)
