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Travellers lose eviction appeal bid
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22 January 2009
Three judges reversed a ruling by a High Court judge who quashed a decision by Basildon District Council to take direct action to force compliance with enforcement notices over the land in Billericay, Essex.
Lord Justice Pill said the High Court judge, Mr Justice Collins, was "in error" to find that consideration had not been given to the individual families.
The appeal judge said the council's decision to clear the sites was lawfully taken.
The council voted to bring in enforcement notices to remove more than 1,000 people in May 2005 because there was no planning permission for their caravans.
Some of the families living at Dale Farm first settled there in the 1960s and permission was granted for 40 families.
But over the years more travellers have settled at the site without permission and also on nearby Five Acres Farm.
Lord Justice Pill said there was a problem for traveller families caused by the limited areas where they may lawfully park.
He said in each case the Secretary of State for Communities and Local Government had upheld the enforcement notice and refused permission.
Since 1990 the total number of gypsy and traveller caravans had increased nationally by 44%, he said. In the Basildon District, the increase was over 475% and the area now housed 40% of Essex's traveller families.
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