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Travellers whose bank holiday 'land grab' was stopped by residents have been blocked from continuing work after an injunction was extended at the High Court.
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injunction → see → Court
Sawbridgeworth, Hertfordshire, became the latest victim of a traveller bank holiday 'land grab' at the end of August when travellers arrived with huge lorries and started to put fences up and block roads.
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travellers → become → roads
However, hundreds of locals fought back and waged patrols and all-night blockades, which gave the council time to work behind the scenes.
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which → fight → scenes
Within 48 hours, their vans and diggers were driven out amid jubilant scenes from protesters after a High Court injunction was imposed to prevent work taking place on land off Sheering Mill Lane.
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work → drive → Lane
Today, barristers for the council asked for the injunction to be extended until a full trial of the legal claim.
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injunction → ask → claim
Michael Fry, for the local authority, said the case was 'one of those extraordinary and vanishingly rare cases' where the court should continue to give police the power to arrest those who breach the injunction.
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who → say → injunction
Mr Justice Lavender granted the extension and continued the power of arrest, stating: 'The evidence of the police is that it is only the power of arrest that has enabled planning control to be enforced in this case.
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control → grant → case
The injunction is against 'persons unknown carrying out, encouraging and/or facilitating development on, or with an intent to undertake development' on the land, and those 'occupying or intending to occupy' the land, as well as some named individuals.
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injunction → carry → individuals
Police cars arrived at the site in Sawbridgeworth at 12.30am on August bank holiday Monday, where diggers had begun work on the land
A concrete base had been laid on the site alongside fencing over the bank holiday weekend
Four heavy-duty diggers and a caravan parked in one of five plots of line created by fencing
No one appeared in court to oppose the ban being continued.
In written submissions, Mr Fry said that work began on the land in late August but a temporary stop notice was ignored.
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notice → arrive → August
An initial High Court injunction, which did not give police the power to arrest those who breached it, was also unsuccessful in halting the work.
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who → give → work
A second injunction granting the power of arrest was issued on August 30, which Mr Fry said had 'absolutely abated' work being carried out.
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Fry → grant → work
The barrister told the court that the authority did not know the identities of who had moved onto the land, but it 'assumed' that they 'are members of the gypsy and travelling community'.
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they → tell → community
He acknowledged that the council 'accepts that it cannot currently demonstrate a five-year supply of pitches' for travellers, but that it was 'seeking to address the shortfall' and there was some evidence that those previously on the site were of a 'wide range of ethnicities'.
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those → acknowledge → ethnicities
He also said that the fact that travellers 'require somewhere to live not on the roadside' did not 'excuse or permit the activities which have been undertaken' on the site, and that the injunction was 'necessary and proportionate'.
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injunction → say → site
The barrister also said that there had been breaches of planning rules on the land which 'have involved, and are likely to involve, conduct which was and would be a public nuisance' as part of 'a prospective change of use from open space to, it is presumed, residential caravan site'.
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it → say → site
The work carried out on the site included removing vegetation, installing drainage, erecting fencing and gates, and bringing 'caravans, mobile homes, plant and heavy machinery, including multiple excavators, dump trucks and a ground roller' onto the site.
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work → carry → site
Mr Fry said the injunction should be continued as 'the unauthorised works which were undertaken without planning permission have resulted in significant harms, significant local disruption and widespread concern'.
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which → say → harms
Granting an indefinite extension to the injunction, Judge Lavender said: 'I do not propose to give a very lengthy judgement because firstly I agree with the submissions made by Fry and agree with Justice Coppel that it is appropriate to grant power of arrest
'
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it → grant → arrest
And it is evidence from police that it is only the power of arrest that planning control has been able to be enforced in this case.'
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control → enforce → case
Along with an extension, four more names of suspected travellers were added as named defendants to the case.
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names → suspect → case
Andrew Cash, Mikey Cash, Freda Connors, and Evan McCarthy were all added as named defendants to the injunction.
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Cash → add → injunction
Mr Fry told the court he believed that the new defendants were from the Gypsy, Roma, and Traveller community.
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defendants → tell → community
I have emails suggesting that defendants are willing to defend and are from the Gypsy, Roma, and Traveller community.
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defendants → have → community
He added, 'I think it's likely they are of Gypsy, Roma, and Traveller heritage at least.'
Mr Fry also requested that the injunction remain in force against 'persons unknown', a legal mechanism used to enforce injunctions against unidentified defendants.
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injunction → add → defendants
Police officers at the site, standing near a caravan parked at the wildlife haven
The site was previously a wildlife-rich floodplain next to a rare chalk stream
'Service [of the injunction] on the land has been effective at drawing out defendants,' Fry said.
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Fry → stand → defendants
The injunction was also continued against two defendants who were named in the original document: Leonard Richards and Darren Glover.
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who → continue → document
The court heard that both men denied involvement in the scheme, with Glover apparently selling the land 18 months ago.
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Glover → hear → land
Richards, meanwhile, claimed that he still owned the land and that it had been trespassed on.
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it → claim → land
Local residents from Sawbridgeworth turned out to watch the high court hearing at the Royal Courts of Justice.
Eric Buckmaster from East Hertfordshire District Council welcomed the judgment.
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Buckmaster → turn → judgment
He said: 'We're pleased with the injunction and that the power of arrest has been retained.
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power → say → arrest
Earlier this year, a group of travellers dumped truckloads of hardcore onto the field in Willows Green, near Felsted, Essex, without consent and under the cover of darkness, over the May bank holiday weekend.
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group → dump → weekend
Enraged villagers have questioned why the illegal traveller site has been allowed to remain in place for months - while another just 17 miles away was cleared within hours.
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another → question → hours
Around 60 residents have now confronted Uttlesford District Council over the unauthorised site which has remained for four months - only to be told the travellers were not stopped because there had been no racism or threats of violence during the incursion.
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travellers → confront → incursion
Residents heard that Uttlesford District Council applied for a High Court injunction to stop the traveller site at Willows Green, but it had been ignored.
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it → hear → Green
By contrast, when East Herts Council's injunction for the site in Sawbridgeworth was ignored, it swiftly sought a second injunction which gave police greater powers to stop the illegal development.
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which → ignore → development
Councillors argued the situation in Sawbridgeworth was different because that protest had seen racism and threats of violence.
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protest → argue → violence
Councillor John Evans, who has responsibility for planning matters in the area, said: 'The judge was satisfied in Sawbridgeworth that there was a risk of potential physical harm to individuals and that included racial and stereotypical abuse and threats of violence.'
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that → have → violence
A statement issued on behalf of the residents of the traveller site at Willows Green said: 'There is currently a valid planning application under review and we believe the proper planning process should be allowed to take its course.
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process → issue → course
We fully understand the main road is public and open to everyone.
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road → understand → everyone
However, that does not mean the area inside the gates of our homes is public space.
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area → mean → homes
…and 3 more, not listed.
The Aporia
