Dale Farm Eviction Decision Delayed By High Court Until Monday

Dale Farm

First Posted: 23/09/11 18:05 BST Updated: 23/09/11 18:12 BST

A High Court judgement on the eviction of travellers from Dale Farm in Essex has been delayed until Monday afternoon following a hearing at the London court.

Justice Edwards-Stuart told the High Court on Friday afternoon that the eviction would go ahead, but it had to be done in a way which treated the travellers with "dignity".

"The ultimate eviction which is, in many cases, going to happen must be carried out, in so far as possible, with people knowing exactly what is going on, what is going to happen and in a way which causes minimum alarm to children and others," he said.

"It can't be used as yet another springboard for delay."

The Dale Farm travellers won a last-minute reprieve on Monday when an injunction was granted to delay the eviction, originally scheduled for that day, after the court asked to hear arguments from both sides on precisely which plots could be removed by the council.

Speaking outside the High Court on Friday, Tony Ball, the leader of Basildon Council, said he did not mind having to wait a "few more days" to begin the operation.

"I am immensely proud with the way our council puts the council position, and after ten years if it means just a few more days then its worth it," he said.

"I am clear as i said this morning that the public the travellers and the council need a resolution to this."

However ongoing delays are mounting the cost of the operation, which was already estimated at £18million.

Justice Edwards-Stuart had said the measures due to be taken by the council "may go further" than the terms of the enforcement notices and needed to be considered by the court.

In July the council won the right to remove the travellers from the former scrapyard following a decade long planning dispute.

But the legal battle between the council and the travellers could go on for much longer after it emerged that at least two further applications for judicial review are now planned planned to prevent the eviction.

Many residents on the site had pledged to resist their eviction. In anticipation of the arrival of bailiffs at the start of this week travellers and protestors created rudimentary fortifications inside the camp, barricading themselves in alongside supporters.

While the 86 traveller families own the land, the council said 51 plots had been built on without planning permission.

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A High Court judgement on the eviction of travellers from Dale Farm in Essex has been delayed until Monday afternoon following a hearing at the London court. Justice Edwards-Stuart told the High Co...
A High Court judgement on the eviction of travellers from Dale Farm in Essex has been delayed until Monday afternoon following a hearing at the London court. Justice Edwards-Stuart told the High Co...
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Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
10:17 AM on 09/24/2011
hope that the Judge on Monday realises that the Travellers' are planning further Judical Reviews, and he rules that the eviction can proceed, but that the "illegal site" must remain dormant pending the out come of further legal proceedings.
09:23 AM on 09/24/2011
Does anyone actually read the articles they comment on. SO many negative comments about how they should "get the trash out of there, etc. " And at the very bottom it says:

"While the 86 traveller families own the land, the council said 51 plots had been built on without planning permission."

SO these people actually OWN the land. The problem is they didn't get planning permission.
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10:00 AM on 09/24/2011
"...SO these people actually OWN the land. The problem is they didn't get planning permission..."

This is so. But it doesn't detract from the fact that they've been told for the last *10 years* that they have to vacate the site. Their failure to do so has resulted in the current situation.
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floodberg
Attorney (ret.)
04:21 PM on 09/24/2011
No, there are probably more folks who don't own the land who built on the part where there are no planning permissions.  There are important reasons for those permissions; 1) they pay council tax based on the homes, 2) the homes meet baseline safety provisions (proper load bearing on walls, adequate heating, no jury-rigged electrical and water connections), and 3) they are then listed for a certain no. of occupants (eg, overcrowding.)  Letting someone build and giving retroactive permissions is difficult, as things needing correction frequently aren't.   Moreover, planning permissions are used to estimate residency and allow councils to plan for increase in children, health care, etc.; without it, budget planning is just guesswork. I'm sure this council is having a difficult time trying to get adequate services like NHS, and planning for increases in students (which are unpredictable.)  If a homeowner in that area wanted to treble the size of his house, he'd have to go through it or they'd probably stop work on it quickly; they do that on Dale Farm new builds and all the residents will go crazy. There are just too many unauthorized builds and it's too dense, and the unauthorized aren't applying for permissions (because then there'd be council tax.)
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Yorksgal
'Conservative Christian' is a complete oxymoron.
03:24 AM on 09/24/2011
Good luck on Monday trying to get this trash out of there.

They knew they were breaking the law, and, as if often the case with these "travelers" had no intention at all with complying with any law.

Hopefully, no police officers, bailiffs, etc. get hurt.
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floodberg
Attorney (ret.)
04:14 PM on 09/24/2011
Yorksgal, I have a sneaking suspicion that if there's an actual eviction, they'll all just move to the illegal site near Luton; and if there's violence, it will be from the 'activists' who are showing 'solidarity' and maybe the teenage 'travelers.'  I think the older travelers would rather leave without any violence, because that will just make it worse for them in UK and trigger legislation like the Irish.
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floodberg
Attorney (ret.)
11:25 PM on 09/23/2011
Generousity

The estimated price tag to UK citizens for bailiffs, police, removal equipment to stand around, and including legal talent on both sides for multiple appeals and legal challenges is £1 Mn a day.
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Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
06:38 PM on 09/23/2011
I think and hope a resolution of this long running sags, I beleive the judge will rule in favour of Bassildon Council, the Travellers' have not honoured their obligation under the terms of the Injunction granted last Monday they have put back barriers they were ordered to remove, they have increased the population on the "illegal site".
06:25 PM on 09/23/2011
Does traveller mean squatter in England? Per the internet they are Irish.
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Esther21072011
I'm one of the 53% that pays taxes
07:32 PM on 09/23/2011
Not all are Irish. Many are of Roma descent. They move in wherever they can in Europe -particularly England - and proceed to claim the land/home/whatever - and all benefits. Some folks have returned from extended stays abroad to find them in their homes and the British gov't has told them that they can not be evicted - that the 'squatter' now owns the home.
08:18 PM on 09/23/2011
Thank you - I am stunned. Thank God I did not buy a cottage in England I would be flipping out right now.
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MarcEdward
likes all cats more than most people
12:15 AM on 09/24/2011
Are they like the Roma from the wonderful film "Snatch"?
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01:26 AM on 09/24/2011
No. Travellers or 'Irish' travellers in the case of Dale Farm are just one of the itinerant groups that (theoretically) wander around the UK -- Irish Travellers, British Gypsies, Eastern European Roma, New Age Travellers.

Squatters, on the other hand, are simply people of any origin who take over unoccupied property in order to live rent-free until the owner gets a court order to remove them.
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05:24 PM on 09/23/2011
They don't want to leave? Burn them out. All laws need to be followed, not just the ones you agree with.
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Esther21072011
I'm one of the 53% that pays taxes
07:32 PM on 09/23/2011
Britain is too PC for that.