Resolution of Dale Farm legal battle delayed again as appeals loom

A resolution to the legal battle over the Travellers site at Dale Farm in Essex is days and possibly weeks away, with Basildon Council admitting that there is a significant prospect of further appeals.

Mr Justice Ouseley said in the High Court yesterday that he did not expect to issue a judgment in the two judicial review cases until Tuesday (4 October) at the earliest.

The first case involves an examination of the proportionality of taking direct action on a housing matter under planning legislation, while the second centres on two planning applications for Traveller sites at different locations in the borough.

According to the BBC, counsel for Basildon argued before Mr Justice Ouseley that it would “send out the wrong signal” if residents of illegal sites were able to avoid eviction.

"If the court were to grant the relief sought it would send a signal to all in this country that they can move on to the green fields of this land and build their home in the knowledge that whatever steps the local planning authority may take, the courts will prevent enforcement,” Reuben Taylor said.

The Travellers’ barrister, Marc Willers, argued that his client, Mary Sheridan, should not be evicted in the absence of suitable alternative accommodation as this would be “disproportionate”.

It was also reported that the costs of the delays so far have reached £400,000, not including police costs.

Responding to the news that there would be no judgment in the judicial review cases until next Tuesday at the earliest, Basildon’s Leader Cllr Tony Ball said: “Once again we continue to grind slowly forward – we had hoped for a judgment on the two judicial reviews today but clearly the level of detailed consideration required meant that the court ran out of time.

“We are however very satisfied with the way our legal team has set out the council’s case, and we remain confident that we will get the result we require to let us get back to clearing the illegal Traveller settlement at Dale Farm. We will be back in court [on Friday] and again on Monday and the judge has indicated there will be a judgement by Tuesday at the earliest.”

Cllr Ball added: “Some may have thought dealing with these challenges would be a sprint; it has however turned out to be more of a middle-distance race. As I have said before, it has taken ten years so far, and we now know the vast majority of British people support us, and we can wait a few more days for justice to be done.”

A separate hearing before Mr Justice Edwards-Stuart is also due to take place on Monday.

In a position statement issued prior to the current round of hearings, Basildon insisted that in this case – which revolved around the actions the enforcement notices allowed the council to take – the judge had determined the majority of the claim in its favour.

“What remains to be determined on Monday are a number of technical issues involving the removal of fences, the exact definition of four caravans and whether we can enforce against buildings on two of the 54 plots – the remainder having already been conceded by the lawyers for the Travellers,” it said.

“These are technical points and it is hoped that they will be resolved at the hearing on Monday.”

But in the position statement Basildon admitted that – “bearing in mind the stakes” – it expected a further appeal to the Court of Appeal being lodged against the judgment in one or both of the judicial reviews, and acknowledged this could produce further delays.

Philip Hoult