The Court of Appeal (Pill, Lloyd and Moses LJJ) today unanimously reversed the decision of Collins J. at [2008] EWHC 987 (Admin) and upheld the decision by Basildon DC to take steps to execute long-outstanding enforcement notices against the occupiers of the travellers’ site at Dale Farm, Cray’s Hill, Basildon, probably the largest such site in the UK.

Following numerous planning and enforcement decisions against the site, all of which had upheld the Council’s judgment that this was an inappropriate location of a site (in the green belt amongst other reasons), the Council sought to take direct action to secure compliance with the notices and the law. Finally, it resolved on 13 December 2007 to take direct action under s. 178 of the Town and Country Planning Act 1990.

Collins J. quashed the decision in May 2008 on the grounds that an unduly narrow approach had been taken to the issue of “need” (which is highly controversial given the 475% increase in unlawfully sited caravans in Basildon since 2000) and that duties under the Housing Act had not properly been considered.

The Court of Appeal allowed Basildon’s appeal on the grounds that a homelessness procedure was instituted in 2005 and the Council accepted the need to deal with the effects of eviction under the Housing Act, that individual circumstances were properly considered at a closed session, with the benefit of a detailed statement of each occupier's circumstances, that the controversial issue of need for sites had been properly considered and that, in conclusion, it had not been unlawful for the Council to resolve to use section 178 powers.

Permission to appeal has been sought by the travellers.

David Elvin QC and Reuben Taylor represented Basildon District Council.

For more information on this case click here.

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