Dale Farm residents win further reprieve
Judge extends injunction to stop evictions at illegal Travellers' site, saying council not clear enough in its enforcement notices
Travellers at the Dale Farm site in Essex have won an extra few days' delay to a long-planned eviction after a high court judge ruled the local council had not been sufficiently clear in its enforcement notices.
Mr Justice Edwards-Stuart agreed with legal arguments put forward on behalf of the Travellers, who have lived at the site, only a section of which has planning permission, for a decade.
The judge said Basildon council, which has spent an estimated 18m on the eviction process so far, had not been sufficiently clear in its notices on whether these covered certain buildings and structures not specifically mentioned.
A further hearing was also necessary to decide whether the council's bailiffs were permitted to remove fences and gates, also not mentioned in the notices, and whether certain chalet-type structures were too big to be considered as caravans under the laws connected to such sites.
Basildon's argument that it could do "anything that is reasonably necessary" to evict the Travellers was "too wide", the judge said.
While he dismissed a number of arguments put forward on behalf of one resident, Patrick Egan, the judge ordered that the legally permissable issues be aired at a new hearing, probably next week.
There is a separate hearing on Thursday to hear an application by the Travellers for judicial review of the eviction.
While Monday's judgment might only end up delaying the inevitable for the Travellers, it is a psychological victory for them, and another blow for Basildon, which argues that each day's delay is hugely costly.
It is up to the Dale Farm residents to prove that certain structures on the site did exist when the council's enforcement notices were served from 2002-2004. If that can be done there could be further delay and cost for Basildon as these are re-drafted more precisely.
!On Su nday night the Travellers' supporters called on council representatives to "return to the negotiating table", saying that continuing the action will only see costs spiral even further out of control.
The campaign group Dale Farm Solidarity (DFS) said several high-profile figures had offered to mediate, including bishops Thomas McMahon and Stephen Cottrell, UN representatives and the local MEP Richard Howitt.
Kate O'Shea, from DFS, said: "We call on Tony Ball [the council leader] to return to the negotiation table.
"The situation at Dale Farm needs a sensible and common sense approach and we urge all parties to use this pause to find an amicable solution.
"The UN and two local bishops have offered to mediate any talks should this be required, and we urge Tony Ball to accept their offer."
The Gypsy Council echoed the calls, saying it had become clear during Friday's hearing that the site would not necessarily be returned to open countryside even if the eviction went ahead.
In a statement it said: "Pursuing this eviction would be a bad thing for both sides."
Comments