Basildon can clear vast majority of plots at Dale Farm, says High Court judge

Basildon Council has been given permission by a High Court judge to clear 49 out of 54 plots at Dale Farm, save for fences, walls and gates.

The effect of Mr Justice Edwards-Stuart’s ruling yesterday is that the local authority can clear everything on the site apart from:

• The authorised house (plot 28), which the authoritiy was not going to remove in any event
• Hard standing on all but the old scrap yard (plots 21, 22, 23, 52, 53 and 54)
• Three plots from which the council cannot clear the caravans but can remove the hard standing (plots 40, 50 and 51), and
• Two brick buildings (plots 8 and 33)

Mr Justice Edwards-Stuart said the Travellers had been entitled to bring the claim and so should be awarded costs on a restricted basis.

He ordered the council to pay one third of their legal costs, subject to detailed assessment.

The judge said: “The steps have to be taken, as unpleasant and upsetting as this will be for the residents; the enforcement must be carried out in a civilised and dignified manner.”

However, another High Court judge – Mr Justice Ouseley – is continuing to hear two separate judicial review challenges brought by the Travellers and so the injunction preventing the council from clearing the site remains in place.

These cases relate to an examination of the proportionality of taking direct action on a housing matter under planning legislation, and two planning applications for Traveller sites at different locations in the borough.

Basildon has previously admitted that it expects the Travellers to appeal should Mr Justice Ouseley rule against them, and so there could be further delays before clearance of the site begins.