Statement and evidence from Barry & Vale FoE to 17-18th Oct. CPO Inquiry
includes as Annex The Billybanks is our home printed in Golwg and Radical Wales
also statements from the local MEP (Labour) and Amnesty on the Dale Farm evictions
Though the Vale Council applied for further time to prepare their case, they have still not (of 30 Sept) ascertained the needs of the traveller families living on the site, nor made any offer of alternative accommodation to settled residents there with no alternative site or housing in prospect. We submit the Council have not paid due regard to their Housing Act obligations.
The lack of progress on this matter means the Council will not be in a position to deliver the site “’with vacant possession” for the Crest Nicolson development, which we understand is a condition in the contract between the parties. The Council will therefore not be able to demonstrate a compelling case in the public interest for the acquisition of the Order Land and interests/rights affected by the Order.
Rather than negotiating settlements in the normal way, it appears that as over the previous CPO (where they withdrew a few days before the inquiry was due to start) the Council is mis-using the legal process as a way to put pressure on the residents (see Annex).
We shall call as witness for our case one of the traveller residents.
We also consider that Mr. William Roberts should be given a settlement based on ‘equivalent reinstatement’ as condition of any CPO. This could be equivalent housing in the new development, as the VoG Council promised to residents at the outset (1999-2003) or funds to buy an equivalent dwelling in upper Penarth.
We would therefore ask the inquiry is adjourned, in order to allow the Council time to offer the traveller-residents alternative accommodation appropriate to their needs, and time to reach an appropriate settlement with Mr Roberts. Unless the Council can show urgency and that they can accomplish these more quickly, we suggest a delay till January is appropriate.
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Council Failure to plan for pitches for gypsy travellers in the Vale of Glamorgan
Previously this Council’s officers proclaimed a “no tolerance” policy. The claimed no need for traveller pitches in the Vale of Glamorgan for the Unitary Development Plan inquiry in 1999, which was shown untrue by evidence from the Cardiff Gypsy Liaison Group. Of course, travellers were using and continued to use unauthorised sites within the Vale, demonstrating the need in fact. Under pressure from WAG to meet their obligations to provide sites under the Housing Act, both permanent and transit sites, the Council did in July 2009 accept a report jointly commissioned with Cardiff that specified they would allocate sites within the LDP. That action is on hold as the LDP has been repeatedly deferred. The Council wrote earlier this year to LDP-site proposers, asking if they’d nominate their sites as suitable for gypsy-travellers, but that of course was not serious. The Council itself owns sites that might be suitable, but has not publicly nominated any.
In 2009 the Council applied for an eviction Order, but this failed. We attach a press article (Annex) that tells this story, to which our witness will attest. They then put pressure on the traveller families to move and gave them names of two sites. These appeared to be very rural camp sites, appropriate for summer camping and not at all for the needs of the local traveller community and families. The Council did not pursue the matter, nor did they come to any agreement with the travellers. The Council have in effect, we submit, permitted them to stay on the present site for now two years.
Council officials have turned up on site, most recently in April, asked about intentions and for names, but made little progress. They did not ascertain the numbers and needs of the traveller families living on the site, nor determine whether they have alternative site or housing in prospect, nor make any offer of alternative accommodation to settled residents there. These said they would consider alternative sites suggested or offered by the council, but since then the Council came up with none.
The highly publicised Dale Farm case highlights the need for this Council to properly meet its obligations to provide sites within the Vale in general, as well as for these particular residents.
Like the Vale Council being neighbour to Cardiff (where pitches have long been provided), the Leader of Castle Point council, neighbour to Basildon, refuses point blank to meet their legal obligation; their head of planning, Bill Dick stated: "The council in general has always said we don't want [Travellers] at all."
Amnesty International says Basildon Council has not engaged in genuine consultation consistent with international human rights standards on options for alternative culturally adequate housing for those affected.
The MEP for Essex, Richard Howitt, spoke (10 Sept.) of an issue of fundamental rights of concern to us all.
“I’m proud to say the Labour councillors on Basildon Council oppose this eviction. I’m a former chair of planning in Essex. I know about planning. I know how Tory Essex authorities fail to designate enough pitches for legal Travellers sites, and try to push the responsibility on to someone else.
…the Homes and Communities Agency have told me (I quote): ‘We are willing to place any of our land in Basildon at the Council’s designation as a Gypsy and Traveller site(s)…We are willing to identify and invest capital to establish the pitches on such land…’
…upholding the law… cannot mean cherry-picking which laws will be upheld, and which not. Their rights are not just for Traveller families to have a home, and for their children to have an education. But for their culture to be respected. To be able to live according to the Traveller lifestyle.
And that is part of the law too. Human Rights law. And is upheld by the European Court let me finish by saying that as a Member of the European Parliament I am deeply ashamed that action here in this community is bringing international opprobrium against our country. That Britain’s international reputation for tolerance, fairness and justice is being damaged at what may happen next. “
Leader of the Opposition Ed Miliband declared the travellers should be offered suitable alternative accommodation before any eviction starts.
The UN have sent investigating teams and become involved on the basis of human rights obligations. Ms Raquel Rolnik the UN's special rapporteur on housing, and Rita Izak, the UN's independent expert on minority issues, have called on government ministers to provide "adequate alternative housing for 86 Irish traveller families faced with forced eviction from Dale Farm, Essex, before the end of August".
"We urge the UK authorities to halt the evictions process and to pursue negotiations with the residents until an acceptable agreement for relocation is reached in full conformity with international human rights obligations," said Ms Rolnik. [http://www.bbc.co.uk/news/uk-england-essex-14431494]
Cases in the High Court BBC 29 Sept. http://www.bbc.co.uk/news/uk-england-essex-15104735
traveller Mary Sheridan’s counsel at the High Court, Marc Willers, argued
… unjust to evict her when no suitable alternative accommodation was available… there is no alternative, suitable accommodation at this point in time. It would be disproportionate to be forced to leave in the absence of such accommodation."Further claims for judicial review raised several other legal issues under human rights legislation and planning law: eviction would have
# serious consequences for children living on the site and their schooling, and those with medical conditions.# violates the travellers' rights under Article 8 of the European Convention on Human Rights
Other Cases put at the High Court argue
- Basildon Council should have used other methods to resolve the issue including negotiating with the residents for a new site. For example, documents filed in court will show they even went so far as to refuse an offer of free land for alternative sites from the Homes and Communities Agency [1].
- The enforcement is disproportionate – neighbours of Dale Farm have been granted retrospective planning permission for homes built as illegal developments [2].
- Basildon Council disregarded the requirement to provide 62 pitches [3]. [notes & references at http://dalefarm.wordpress.com/]
We submit that identical or very similar arguments apply also in the present case.
Article 8 provides that everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The Billybanks is a large council estate in Penarth that has been abandoned for 9 years. It has been voted the ugliest unique eyesore in Wales as well as having won awards for architecture. In its time it’s been known to have its fair share of shady characters and dodgy deals as well as a vibrant and bustling community. The dilapidated buildings are covered in the rubbish from fly tippers but are also smothered by thriving wild plants with flowers and berries. It has been the location for several films and many photographic projects as well as being regularly frequented by graffiti artists, dog walkers and boy racers. And it’s where we currently live.
The Billybanks housed around a 1000 people for several generations until the council decided to redevelop it in 1998 and had it largely emptied by 2002. They realised the potential money in the incredible views of Cardiff and wanted to build a range of luxury flats, despite inevitably causing the displacement of hundreds of families. Apart from a handful of residents who refused to be bullied out of their homes the Billybanks lay uninhabited until August 2009 when a group of friends parked on one of the roads with their vans, trucks and caravans.
The initial reaction to our arrival was mixed. The local paper, the Penarth Times, read ”Travellers not welcome” and quotes from neighbours such as
”The travellers haven’t caused any trouble as yet, but I do worry that they will increase in numbers and then you just don’t know what will happen”. The Billybanks housed around a 1000 people for several generations until the council decided to redevelop it in 1998 and had it largely emptied by 2002. They realised the potential money in the incredible views of Cardiff and wanted to build a range of luxury flats, despite inevitably causing the displacement of hundreds of families. Apart from a handful of residents who refused to be bullied out of their homes the Billybanks lay uninhabited until August 2009 when a group of friends parked on one of the roads with their vans, trucks and caravans.
The initial reaction to our arrival was mixed. The local paper, the Penarth Times, read ”Travellers not welcome” and quotes from neighbours such as
It was not long before we were given eviction papers by the council including an attempt to ban us from staying in our vehicles anywhere in the county. This was obviously extremely disproportionate and not strictly within the councils power to enforce. We went to court and pointed out their misuse of the law and lack of justification for their actions and called for a judicial review. The case was postponed and a month later the council conceded and we have been enjoying living there ever since.
From our perspective, most of the people we met were friendly and welcoming and a month later the same paper quoting a local read:
From our perspective, most of the people we met were friendly and welcoming and a month later the same paper quoting a local read:
“(The Travellers)... have been no nuisance since arriving in August and have kept the site tidy...Indeed; their presence seems to deter vandalism.”
The local fire brigade told us they love us living here because they used to attend weekly fires in the buildings and since we’ve arrived they’ve been here less than a handful of times.
The Billybanks has an incredible sense of history and community. Everyone you meet has a different story to tell you about their time living or visiting here. One ex-resident made a film about the Billybanks where she says
The Billybanks has an incredible sense of history and community. Everyone you meet has a different story to tell you about their time living or visiting here. One ex-resident made a film about the Billybanks where she says
“We had nothing in those days, no money, nothing, we were totally skint but they were the happiest days of my life. Such a happy time, everything was open planned and everyone knew each other...there was a massive sense of community which you don’t see anymore.”
Many tell of the notorious DIY bonfire night parties where all the residents got together and watched the fireworks go off all over the city. Others describe exploring the huge rows of buildings after they had been emptied to find clothes still on washing lines and toys scattered in the gardens.
Many local people are disgusted at the councils £100m ‘Penarth Heights’ development scheme and have called for redevelopment of the old flats or the building of affordable housing. Despite the years of debate and lack of a development contract due to the credit crunch the project is going ahead and half the estate is currently being developed, with a supposed 20% social housing. One resident and his family still live in the Billybanks, refusing to leave until they’re offered one of the new builds arguing that they bought their house because they want to live there and local people can’t afford to live in the council’s new development. The council have threatened compulsory purchase several times but cancelled court at the last minute in a clear attempt to intimidate them out of their home.
It has been called the ugliest eyesore in Wales yet the council plan to flatten the woodland that surrounds the estate and build cubed, beige, wood-clad flats and houses. The area was known by many as the ‘heart and soul of Penarth’, yet how much community and soul will remain in the new ‘luxury’ housing project?
We who have squatted and live at the Billybanks enjoy being part of the community that remains, are proud to inhabit somewhere that the council have abandoned for 7 years and plan to stay here as long as we can. The government are currently proposing to criminalise squatting and make serious changes to traveller law that would make it virtually impossible for people to make use of or live in empty spaces like this. The Billybanks is just one example of the government prioritising profits over people as they evict households, leave buildings disused, make it harder for people to get housing benefit and attempt to make you a criminal if you start your own autonomous community on abandoned land.
One person filming at the Billybanks asked
“What is it that makes such a vile disgusting place so beautiful to look at?” Many local people are disgusted at the councils £100m ‘Penarth Heights’ development scheme and have called for redevelopment of the old flats or the building of affordable housing. Despite the years of debate and lack of a development contract due to the credit crunch the project is going ahead and half the estate is currently being developed, with a supposed 20% social housing. One resident and his family still live in the Billybanks, refusing to leave until they’re offered one of the new builds arguing that they bought their house because they want to live there and local people can’t afford to live in the council’s new development. The council have threatened compulsory purchase several times but cancelled court at the last minute in a clear attempt to intimidate them out of their home.
It has been called the ugliest eyesore in Wales yet the council plan to flatten the woodland that surrounds the estate and build cubed, beige, wood-clad flats and houses. The area was known by many as the ‘heart and soul of Penarth’, yet how much community and soul will remain in the new ‘luxury’ housing project?
We who have squatted and live at the Billybanks enjoy being part of the community that remains, are proud to inhabit somewhere that the council have abandoned for 7 years and plan to stay here as long as we can. The government are currently proposing to criminalise squatting and make serious changes to traveller law that would make it virtually impossible for people to make use of or live in empty spaces like this. The Billybanks is just one example of the government prioritising profits over people as they evict households, leave buildings disused, make it harder for people to get housing benefit and attempt to make you a criminal if you start your own autonomous community on abandoned land.
One person filming at the Billybanks asked
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