Travellers can stay on Dale Farm for now

(REUTERS)

Residents today won a temporary reprieve in their long-running battle to stay on the UK's biggest illegal travellers' site.

A judge ruled that residents of Dale Farm near Basildon in Essex were entitled to an extension of an injunction stopping their evictions until the courts have ruled on the legality of their proposed removal.

The ruling was a blow to Basildon Council, which is also facing other legal action that could prolong yet further its 10-year battle to clear the site, expected to cost some £18 million.

Travellers have more litigation in the pipeline which could further delay evictions.

They plan to seek a judicial review on the grounds that eviction is "disproportionate" under human rights laws.

Last night the travellers' supporters called on Basildon Council representatives to "return to the negotiating table", saying that continuing the action will only see costs spiral even further out of control.

Campaign group Dale Farm Solidarity said several high-profile figures had offered to mediate, including bishops Thomas McMahon and Stephen Cottrell, UN representatives and local MEP Richard Howitt.

Kate O'Shea, from Dale Farm Solidarity, said: "We call on Tony Ball (council leader) to return to the negotiation table.

"The situation at Dale Farm needs a sensible and common sense approach and we urge all parties to use this pause to find an amicable solution.

"The UN and two local bishops have offered to mediate any talks should this be required, and we urge Tony Ball to accept their offer."

The Gypsy Council echoed the calls, saying it had become clear during Friday's hearing that the site would not necessarily be returned to open countryside even if the eviction went ahead.

A statement said: "Pursuing this eviction would be a bad thing for both sides."

Reacting to the news, resident Kathleen McCarthy said: "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."

Speaking outside the site with her one-year-old grand-daughter Ms McCarthy described the ruling as "another miracle".

She added: "We are still calling for the council to sit around the table and hold negotiations.

"It is costing the council money and there is still going to be a traveller site.

"An eviction will take place because we're not just going to get in our caravans and go.

"We will resist the clearance and some of us could stay legally forever.

"This is in God's hands and who knows where it will end."

There were loud cheers when she spoke about the possibility of council leader Tony Ball resigning.

Ms McCarthy added: "We have no quarrels with the settled community. If they want to protest against us they can.

"We want to stay for another 30 years. We want to do what is legal and right."

Today's application for an extension of the injunction was brought by resident Patrick Egan, owner of three plots on the Green Belt site. He was acting on behalf of the Dale Farm Residents' Association.

The case arose out of a number of enforcement notices issued by Basildon Council against the occupiers of 53 out of 54 plots between March 2002 and December 2004.

They required the removal of hardcore or hard standings, the end of residential use and subsequent re-seeding of the land, though not for every plot.

The judge said the residents had been told that, since they had taken no steps to carry out the work themselves, the council would do so starting last Monday (September 19).

There was no dispute that the notices were valid, but he had granted the travellers an injunction stopping the council coming on to the site pending today's ruling.

The judge said the travellers feared that the council planned to demolish the hard standings for their pitches, apart from six plots and a section of road known as Beauty Drive.

They said they were also facing the removal of all buildings, walls, fences and gates "whether or not such extensive measures are justified by the terms of the enforcement notices".

The travellers accused the council of refusing to explain on a plot-by-plot basis exactly what it proposed to do.

They contended that the wholesale removal of hard standings, fixed caravans and demolition of certain buildings and other fixed structures such as walls, fences and gates, went beyond the scope of the enforcement notices.

The judge said the council argued it was entitled to carry out "a wholesale clearance" of nearly all the plots.

But he ruled the case raised issues in relation to two plots as to whether buildings on the land were caught by the enforcement orders.

There were also triable issues for all except three of the pitches as to whether walls, fences and gates erected on them were liable to removal.

The High Court would also have to decide whether "chalets" made up of twin-unit caravans on another four pitches fell within the definition of caravan, despite their dimensions, and could legally be removed.

The judge said it had always been accepted by the council that it could not remove caravans sited on four particular plots under the notices because there was no requirement in the relevant enforcement notices for their removal.

The judge said he would hear full argument on the issues raised next Monday. He directed that no hardcore, fences or gates should be taken up at the site until that hearing had taken place.

He also ordered that no caravans at all should be removed from the site until an application for judicial review being brought by the travellers in parallel proceedings which start on Thursday this week have been decided.

Basildon Council leader Tony Ball said after the hearing: "What we have seen today is the wheels of justice grinding slowly forward.

"But it has been a good day for Basildon residents. My reading of today, and the message I would give to them, is that we are getting there."

He added: "By the end of Thursday, I hope we will be able to clear the majority of the plots."

Candy Sheridan, vice chair of the Gypsy Council, said: "Justice continues to be served. I think that is the most important thing. All this has been about enforcement and the fear of enforcement.

"Tony Ball has always wanted the site cleared. He is not getting total site clearance. There will always be a gypsy site at Dale Farm. It may not be as big as it is now but at the end of the day he doesn't get site clearance."

Mr Egan said: "These people just want somewhere to live."

He added: "At the end of the day we have got nowhere to go."

PA