IRISH TRAVELLERS facing eviction in Essex in England have claimed victory in the latest round in a court battle with Basildon Borough Council.
A London high court ruled that a full court hearing would have to take place next week to decide whether enforcement notices issued by the council ordering the removal of some mobile homes, fencing and walls were properly drawn up.
Lawyers for the Dale Farm Travellers have argued the council is not entitled to remove some of the chalets on the illegally developed caravan site because they are too large to be regarded as caravans under legislation used by the council when preparing the eviction notices.
Equally, they have argued that bailiffs cannot dig up fencing and walls because neither was mentioned in the notices issued by the council between 2002 and 2004.
Describing yesterday’s decision as “another miracle”, one of the residents, Kathleen McCarthy, told journalists: “Every day is a blessing and we feel that at least our arguments are being listened to. One thing is certain: we will all stand together. Either we all go, or none of us go. We will not let the council divide us. We are still calling for the council to sit around the table and hold negotiations.”
In the royal courts of justice yesterday, Mr Justice Edwards-Stuart ruled that a full hearing should take place next Monday.
The latest delay has infuriated local settled residents, who have threatened to hold a march if the evictions do not start quickly.
A parallel legal action by the Travellers, seeking a judicial review of the council’s entire operation, will be held on Thursday.
“This result has come about mainly because the terms of the enforcement notices issued between 2002 and 2004 may not have been sufficiently precisely drawn, although the extent to which this may prove to be the case has yet to be finally determined,” said the judge.
The judge is to consult with lawyers from both sides to weed out “factual errors or slips”.
Divisions, however, emerged among the Travellers who had a meeting on the site on Sunday night. Some of them had realised that some of the 80 families on the site could be forced to move even if the legal action contesting the enforcement notices succeeds.
This is because it is clear the council’s paperwork is properly drawn up in the majority of cases.
Basildon council has argued that it has the right to carry out “a wholesale clearance”. However, the judge said there are questions over whether four chalets are too big to be regarded as caravans.
Equally, there is an issue over the council’s ability to enter two plots to remove mobile homes sited on them. Questions also exist over fences and walls surrounding all but three of the 51 plots.
Travellers must produce proof that some of the homes had been erected before, but not included in, the enforcement notices issued between 2002 and 2004. However, even if they win this battle, the council may be able to redraft the notices and issue them again. Such an action, however, if found to be necessary, will add considerably to costs, since large numbers of police, bailiffs and council workers are on standby.
