Tuesday, September 20, 2011

The Dale Farm injunction

With the bailiffs all set to go in a two-part appeal has had one part accepted. In essence the council failed to adequately inform the residents as to what would happen to each of them individually. It may seem this is legal rubbish, but it makes sense given the nature of the site.

If you own land there is nothing stopping you from allowing tents or caravans on it, up to a maximum (five if I recall), without any need for permission. However start building on it and that's a whole other matter.

So in this case consider three hypothetical plots - a caravan; a caravan on hardcore; a chalet. The caravan is, strictly speaking, legal. The one on the tarmac can be moved in order to demolish the tarmac, but the caravan itself is out of bounds. The chalet can be totally demolished.

What this injunction seems to be saying is that the owners of these three hypothetical plots have not been individually informed as to how this action applies to them and as such the removal/demolition cannot start.

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