Forced eviction and planning enforcement: The Dale Farm gypsies

Home, R (2012) Forced eviction and planning enforcement: The Dale Farm gypsies. International Journal of Law in the Built Environment, 4(3), pp. 178-188. ISSN 1756-1450

Abstract

Forced eviction is a topic of growing importance globally, and the purpose of this article is to investigate a much-publicised recent case involving Gypsies and Travellers in the United Kingdom (not usually a country associated with such actions). After setting the context of planning enforcement law in the UK, Green Belt and other planning policies, and the status of Gypsies/Travellers as a disadvantaged minority group, the paper traces the history of the Dale Farm eviction over a 25-year period and analyses the legal arguments put to the High Court in unsuccessful attempts to defer and over-turn the eviction, against the context of internationally agreed guidelines. The research found that the judiciary gave full consideration to all aspects, in accordance with ECHR case law, and upheld the Green Belt and planning objections. The UK government was determined to proceed, resisting various offers of mediation, and the site was cleared even though no appropriate alternative accommodation was available, and notwithstanding that the occupiers owned their own plots. The case is a new development in a long-running history of forced eviction of Gypsies by local authorities, and is of interest in comparative study of treatment of Gypsies in other European countries, particularly in the context of the recent European Union Roma Inclusion Strategy.

Item Type: Article
Uncontrolled Keywords: forced eviction; green belt; gypsies in UK; planning enforcement; town and country planning; UK
Index terms: strategy, European Union, case law, minority, comparative study, local authority, United Kingdom, judiciary, enforcement, planning policy, mediation, eviction, history
Subjects: research design and methodology, architectural and construction history, physical geography and landforms, dispute resolution, legal systems, public policy, management, liability law, Geography, sociology, health safety and environment
Topics: Research Practice, Business Strategy, Stakeholder Management, Ethics, Legal Issues, Governance, Geographical Context, Health and Safety
Descriptive scope: 4 PCTA

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here