Judge rules against complete eviction at Dale Farm site

Travellers from the illegal Dale Farm site were victorious in the High Court today after a judge said that Basildon Council could not carry out a complete eviction on the site.

Judge Edwards-Stuart told the High Court that the council could not tear down hard standing and building structures which were built before the original enforcement notice served in 2002.

This would prevent the tearing down of several of the 51 illegal sites that bailiffs were intending to remove.

The judge said it was up to the travellers to prove when each structure on the site was built before Basildon Council could legally tear them down or not.

Judge Edwards-Stuart said: "It is a matter of principle the findings I have made do favour the residents to a substantial extent.

"The practical consequence may not be so rosy as they appear. It may be that you can keep the fence but not your home.

"There may be room in the framework we now have for some accommodation to be made between the parties and some resolution."

The travellers will make an oral application for judicial review of the enforcement notice on Thursday and it is understood that several other judicial review applications related to the eviction are also expected to be made.

The decision follows a temporary injunction won on planning grounds at the 11th hour by travellers last Monday. Basildon Council has been in a decade long legal battle with the travellers over the clearance of the site which is home to more than 84 families.

The site clearance, which was due to start last Monday, was expected to cost up to 18 million pounds. Bailiffs have been waiting at an adjacent camp next to the site to begin the eviction process.

The battle between the travellers and the council has attracted the support of activists and protesters from all over the world.

More than 100 supporters have been camping at Dale Farm in peaceful protest over the last week to prevent the eviction from taking place.