Dale Farm pensioner seeking appeal against plans to evict her from new home - Essex

From Inside Housing

A pensioner uprooted from the Dale Farm Travellers’ site two years ago is back in court.

Mary Flynn, 73, and Nora Sheridan were evicted from the Dale Farm Estate in October 2011 - following a protracted legal battle with Basildon District Council.

She and a group of other Travellers later moved their caravans onto an access road in Oak Lane, Basildon.

Oak Lane is an authorised site with permission for 34 pitches, but Mrs Flynn and the others were hit with an enforcement notice for camping on the access road.

Around eight caravans are currently believed to be illegally pitched on the site.

The residents association submitted an appeal against the enforcement notice wanting more time to comply, that is until Basildon meets its obligations and somewhere else is available for them to move to

But the Planning Inspectorate (PINS) said there was no right to appeal

Mrs Flynn & Ms Sheridan launched a judicial review of this decision arguing that the refusal to hold a hearing on the preliminary issue of whether or not they could appeal, was unlawful

At the heart of the case is whether those on the access road have an interest in the land and were relevant occupiers for the purposes of the right to appeal.

The case reached London’s High Court on Tuesday

The case was adjourned by Mr Justice Foskett until an unscheduled date before Christmas to provide more court time.

Jonathan Moffett, for Communities Secretary, Eric Pickles, opposed the adjournment, noting that Mrs Flynn had first lodged her case a year ago.

‘It is a matter of concern that, the more time drags by, the more, by default, the claimants are succeeding in what they’re looking for,’ he told the judge.

Speaking outside court, the Claimants barrister Mr Cottle said: ‘An awful lot of money has been spent evicting these people from Dale Farm, but some have moved just down the road because there are no other pitches available.’