Still No Dale Farm Judgement.

Mr Justice Ouseley is taking his sweet time publishing the reasons behind his decision yesterday (12/11/10) to reject the Dale Farm residents applications for Judicial Review. With an appeal having to be lodged on Friday (14/10/11) to prevent an eviction on Monday (17/10/11) this is hugely obstructive. I can only assume that Mr Justice Ouseley is having some problem justifying his decision.

The eviction that Basildon Council intend to carry out at Dale Farm is what is legally termed enforcement action as defined by the Town and County Planning Act 1990. This allows councils or their agents (bailiffs) to enter, remove or destroy private property or remove people from that property who are otherwise legally entitled to be on that property. However under section 173(4) councils are only permitted to take enforcement action in order to (a) remedy a breach of planning legislation e.g demolish a building or (b) remedy damage to an amenity caused by a breach of planning legislation e.g unblock a storm drain.

In the case of Dale Farm (b) doesn't apply and the October 3rd judgement by Mr Justice Edwards-Stuart made it quite clear that Basildon Council is unable to change the land use of the site from residential by removing all the residents or return the site to a greenfield state by removing all the buildings. Therefore there is a very serious question as to whether Basildon Council have a lawful authority to carry out enforcement action against Dale Farm. By refusing a Judaical Review Mr Justice Ouseley is simply preventing this question from being asked. Given in his involvement in the eviction of the Hovesfield site which Basildon Council are now using an illegal waste dump this seems like a clear abuse of power.