A High Court Judge yesterday (12 April) ruled as unlawful a
decision by Basildon District Council to bulldoze further yards
at Hovefield's Avenue, a Gypsy colony not far from Dale Farm,
Britain's largest Traveller's community which has been
under siege for the past four years.Mr Justice Ouseley said
the council's use of direct action powers against Hovefield -
part of plans to ethnically-cleanse 120 Gypsy families from the
district - were unlawful because it had failed to take into
account the possibility that property-owners could be successful
in obtaining planning permission on appeal.
"Central Government policy and previous appeal decisions were not
considered', Judge Ouseley ruled. "Without these, the decision
cannot be seen as proportional or lawful."
He criticised Basildon for ignoring the recommendations contained
in the latest UK Government circular on accommodation needs of
Traveller's. The contents of this circular, with its emphasis on provision
of suitable alternative land, were spelt out during the hearing by
Richard Drabble QC., representing Josie other Hovefield residents.
Tory leader Malcolm Buckley says Basildon intends to appeal against
the ruling. Meanwhile, the council have also applied for a High Court
injunction to prevent further removal of earth barriers surrounding
yards at Hovefield's, placed their by Constant & Co. to stop previously
evicted residents re-occupying their properties.
decision by Basildon District Council to bulldoze further yards
at Hovefield's Avenue, a Gypsy colony not far from Dale Farm,
Britain's largest Traveller's community which has been
under siege for the past four years.Mr Justice Ouseley said
the council's use of direct action powers against Hovefield -
part of plans to ethnically-
district -
account the possibility that property-
in obtaining planning permission on appeal.
"Central Government policy and previous appeal decisions were not
considered', Judge Ouseley ruled. "Without these, the decision
cannot be seen as proportional or lawful."
He criticised Basildon for ignoring the recommendations contained
in the latest UK Government circular on accommodation needs of
Traveller's. The contents of this circular, with its emphasis on provision
of suitable alternative land, were spelt out during the hearing by
Richard Drabble QC., representing Josie other Hovefield residents.
Tory leader Malcolm Buckley says Basildon intends to appeal against
the ruling. Meanwhile, the council have also applied for a High Court
injunction to prevent further removal of earth barriers surrounding
yards at Hovefield's, placed their by Constant & Co. to stop previously
evicted residents re-
Ustiben report
JUDGE RULES GYPSY EVICTION
UNLAWFUL (April 2006)
Grattan Puxon
JUDGE RULES GYPSY EVICTION
UNLAWFUL (April 2006)
Grattan Puxon