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Showing posts with label Property. Show all posts
Showing posts with label Property. Show all posts

Wednesday, 7 September 2011

Shopkeeper Florist Raid Case: Ministers Plan Overhaul Of Self Defence Laws

Pressure is mounting on the government to speed up new legislation on self defence clarifying the law on self-defence in England in the wake of cases such as those of shopkeeper Cecil Coley












72-year-old shopkeeper Cecil Coley.












Police officers guard a house in Salford after a suspected burglar was stabbed to death during a break-in.












Police officers at the murder scene on Ethel Avenue in Salford.

Ministers are planning to clarify the law on self-defence in England, after a string of cases where home owners have faced prosecution for defending their property.

The arrest of Mr Coley, 72, on suspicion of murder following the death of Gary Mullings, 30, who had broken into his shop in Old Trafford placed the issue back in the national media spotlight.

Last month’s stabbing came just days after the Crown Prosecution Service decided no charges should be brought against householder Peter Flanagan, 59, who was arrested on suspicion of murder after the fatal stabbing of a burglar.

John Bennell, 27, was attacked after he broke into his home in, Pendlebury, Salford, in June.

The incident occurred just a few miles from Mr Coley's store in Old Trafford, Manchester.

The incidents led to calls for the Government to speed up new legislation clarifying the law on self-defence in England.

Kenneth Clarke, the Justice Secretary, had earlier said that householders who used “whatever force necessary” against intruders would not be committing a criminal offence .

David Cameron has also promised that the new Justice Bill would "put beyond doubt that home owners and small shopkeepers who use reasonable force to defend themselves or their properties will not be prosecuted".

Under the current law, home owners who use “reasonable force” – which is no more than is absolutely necessary – to protect themselves against intruders should not be prosecuted.

In late June Mr Clarke spelt out the sort of action that would be permitted under the new regime.

He made clear that it would remain illegal to pursue intruders to attack them or to shoot them as they fled.

Speaking about a person’s right to self-defence in their homes, Mr Clarke said there was "constant doubt" about the issue and the proposed legislation would make this "much clearer".

The Justice Secretary said: "It's quite obvious that people are entitled to use whatever force is necessary to protect themselves and their homes.

"If an old lady finds she has got an 18 year-old burgling her house and she picks up a kitchen knife and sticks it in him, she has not committed a criminal offence and we will make that clear.

“We will make it quite clear you can hit the burglar with the poker if he's in the house and you have a perfect defence when you do so."

He added: “We all know what we mean when we say a person has an absolute right to defend themselves and their home and reasonable force.

"Nobody should prosecute and nobody should ever convict anybody who takes those steps."

Labour said the law was "already clear" and the remarks were a "smokescreen" to hide confusion over sentencing changes.

London Council Ordered To Disclose Details Of Empty Properties

A judge has ordered a council to make public a list of empty homes after a squatting campaigner challenged its refusal to reveal the list under the Freedom of Information (FOI) Act.









Camden Council argued that disclosing the list could lead to organised crime in and around the properties.

However, the judge said any concerns were outweighed by the public interest in returning empty properties to use.

Camden has 28 days to comply with the FOI request.

The ruling was a victory for Yiannis Voyias of the Advisory Service for Squatters.

Mr Voyias argued that making the list public would "rejuvenate the empty homes debate" and put pressure on the government to tackle empty property.

He said academic researchers, homelessness charities - and even English Heritage - would benefit from disclosure of the number and location of unoccupied homes.

Camden's lawyers argued the disclosure of the list would compromise "the prevention or detection of crime".
'Not illegal'

Local police, who are backing the council's stance, said there was a link between squatting and crimes, including vandalism, running crack houses and threatening behaviour.

Camden also pointed out that, after a list of long-term empty homes in Lambeth was made public, the number of squatted properties in that borough almost doubled.

Under the ruling Camden will have to release information on all empty council owned properties and on private properties owned by a non-individuals that it knows to be unoccupied.

Judge Fiona Henderson accepted that disclosure of the list was likely to have "a negative impact on the prevention of crime".

But she said there was a lack of evidence that squatters were the source of more anti-social behaviour than rent-paying tenants.

She also emphasised the fact that squatting "is not illegal".

In a statement, Camden said it was considering its legal options.

Tuesday, 30 August 2011

The Travellers Of Dale Farm Face Judgment Day

There is anger and resentment on both sides as the bailiffs prepare to make their move at Europe’s largest gipsy site.

Down a narrow lane and beyond the pile of old tyres and barbed-wire-wrapped scaffolding that marks the entrance to Dale Farm, a knot of men in T-shirts are standing shaking their heads and gesticulating.








Close by, a dozen or so women, hair raked back in ponytails, toddlers at their brightly painted toes, are clustered around a silver Mondeo. All are listening intently to a local radio station that is also blaring out of almost every caravan, car and chalet on each pot-holed track of this ramshackle site, the largest traveller site in Europe, near the village of Crays Hill in Essex.

“I’m very angry,” one woman shouts, face screwed up and emotions unchecked. “Why is that lady on the radio putting out all that c--p about us? I have three children. Where am I going to go?”

The immediate source of provocation is Radio Essex, which is running a phone-in on the 10-year battle between Basildon council and the travellers who have been living here illegally since 2001.

Understandably, the travellers don’t take too kindly to the locals ringing in to say they should “go back to Ireland”, and calling them, “a bunch of people who are trying to avoid paying tax and ignoring the rules of the land’’. But the real tension is caused by the knowledge that, for many of those who have made their homes here, time is running out. Tomorrow, a 28-day notice issued by Basildon council requiring them to vacate the site will expire. Judges at the High Court will hear a plea for a last-minute injunction against eviction. If this fails – it follows a tortuous process involving a tumult of appeals and judicial reviews, pronouncements from Amnesty International and the UN, and a BBC documentary (entitled, inevitably, My Big Fat Gypsy Eviction) – the bailiffs will finally be free to move in to restore this land to green belt.

What will happen when they do?

The answer is keenly anticipated by all those who have ever had an unwanted, and illegal, gipsy or traveller camp on their doorstep, as well as anyone who lives near a temptingly empty field. Travellers have a track record of invading and colonising such spots – often over public holidays when council offices are closed – and of bringing in mechanical diggers and laying concrete bases for their mobile homes in a matter of hours and then exploiting the impossible slowness of bureaucratic procedures to stay.

The facts are these. There has been an authorised traveller site, with permission for 34 pitches, here since the mid-Nineties. Ten years ago, a six-acre plot – Dale Farm – next to this site was bought by two English gipsies who subdivided it into plots and sold them on to other travellers. Today Dale Farm resembles a small derelict estate, with tarmac and gravel tracks, brick walls, railings topped with barbed wire, caravans, chalets and gateposts sporting elaborate finials. Around 240 people live here but Dale Farm does not have, and has never had, planning permission for any of its 51 pitches.

The travellers claim that, although the land is green belt, it was never a prized beauty spot. “It wasn’t all babbling brooks and big oak trees when we moved here,” says Bridget McCarthy. “It was a broken down scrapyard.” (The council confirms that a corner of the land had been used, without permission, as a scrapyard since the Sixties).

“How long did it take us to clear it?” continues Bridget. “Three weeks,” shouts someone else in the group jostling around me.

It’s certainly true that the camp is tucked away, out of sight of most of its neighbours. Of those who live on Oak Road, which backs on to it, only one has made vocal complaints. Three other families I speak to shrug and say that they don’t notice it’s there, but two others shake their heads and refuse to comment. Their reticence may have something to do with the fact that the one local who has made a very public fuss has received death threats. “If we go, he goes,” some travellers told film-maker Richard Parry.

But that’s not to say the presence of Dale Farm hasn’t made an impact. The local primary, Crays Hill, is now almost exclusively a travellers’ school; 107 of the 110 registered pupils are from the travelling community. They don’t always turn up for class – the Ofsted report cites “significantly below average attendance levels” – and tend to lag behind their peers academically. Local parents have felt pressured into bussing their children out of the area to other schools.

The proximity of Dale Farm has also wiped tens of thousands of pounds off property prices. On a nearby street, where houses are worth £500,000 to £600,000, one resident estimates that the value of his house has dropped by “around £100,000’’.

He says: ''My wife and I would have moved by now otherwise, but we can’t, unless we take a hit and move into somewhere smaller.” Another neighbour said: “The council reclassified all our council tax bands because of it; mine went down from a G to an F.” But property prices and the eyesore on their doorstep isn’t what really antagonises the locals. What most upsets them is a deep sense of injustice.

“It’s people who flout the law of the land when it should apply equally to everyone,” says Terry, who lives nearby with his wife Pam. His words echo those of David Cameron who spoke of, “the sense of unfairness that one law applies to everybody else and, on too many occasions, another law applies to travellers.” Others tell me that they feel that letting those on Dale Farm get away with it, will, “open the floodgates to who knows what’’.

Overturning what has happened here is proving expensive: the council have had to set aside £8 million to clear the site, but there is a strong feeling this is necessary to ensure that the law is upheld both now and in the future.

Basildon council is keen to stress that, “This is a planning row.” That’s not quite how they see things over on Dale Farm. One woman tells me she has been so stressed that she smashed all her windows.

What, of your own home? “Yes, every single one of them,” says Margaret Flynn, a 29-year-old mother of three who lives in an immaculate caravan. She predicts that any clearance will bring a death: “Every time talk of an eviction starts, someone dies.”

Candy Sheridan, a member of the Gipsy Council and a Liberal Democrat councillor in north Norfolk where she now lives, is a more reasoned voice. “This is political,” she insists, “Councillors always say no to us [when we ask for planning permission], it doesn’t matter what it is, or what party they’re from. They always vote against us because they want to be re-elected.”

Candy was born on a site in Bristol and says she has lived “up and down the M4 and all over England’’. Her parents were Irish travellers who came to London in 1958. ''The difference between them and me is that I went to school. And back then they made us do speech therapy, so I have no trace of my Irish accent,” she smiles wryly, and adds that it means she makes more headway on the phone when trying to sort out a planning application or a viewing of some land on someone else’s behalf.

She feels travellers are misunderstood. “It’s not a level playing field for us,” she says. She talks about the strong sense of community that is under threat at Dale Farm. Travellers look after each other, she says. Levels of adult literacy are low, so a few must read and write for the rest. Inter-marriage means the camp is, in every sense, a huge extended family – there are a lot of McCarthys and Sheridans – so children, the elderly and the sick are well cared for. This might explain why there is so much nervousness about being split up and sent to live in “bricks-and-mortar” council flats. Ironically, there are some elements of Mr Cameron’s Big Society to be seen in action here.

The trouble is that there isn’t the same consideration for the rights and wishes of those who aren’t travellers. A wily few of the travelling community have become adept at exploiting legislation that’s intended to protect those who’ve been hard done by, and where they lead the others follow. What will happen next week? There is fighting talk from some travellers who are threatening to fill ditches with petrol.

On Friday evening I took a call from a man who said he was phoning on behalf of Candy Sheridan. He told me the travellers had examined the emergency contingency plans put in place by surrounding counties to deal with any possible fallout from the Dale Farm clearance and that Suffolk seemed to have one of the best deals.

“If everyone at Dale Farm got in their caravans and drove towards Suffolk,” he told me, “I think they would find a field waiting for them.” Suffolk, you have been warned.

Parents Paying £77,000 'Premium' For Homes Near Top State Schools

Parents are paying ‘premiums’ of on average £77,000 to buy homes near leading state schools, research out today suggests.
















Pricey: Catchment area of the Henrietta Barnett school (pictured) has homes with an average price of £655,429.

Property prices within sought-after catchment areas are 35 per cent higher than in the rest of the UK, with an average asking price of £298,378.

The most expensive catchment area of a state school in Britain’s top ten surrounds all-girls grammar Henrietta Barnett, in Barnet, north-west London, where the average house price is £655,429.

The premiums have soared from an average of £20,000 in just four years.

And rent in the catchment areas of the top 50 state schools – at an average of £944 a month – is 7.8 per cent higher than in the rest of the country. For the catchment areas of six of them, rental prices are as high as £1,500 a month.

But the premiums are still cheaper than most private school fees, which can top £30,000 a year.

The research is likely to reignite the bitter row over school ‘selection by mortgage’ rather than ability.

The phenomenon has prompted some councils to adopt controversial lotteries – effectively picking names from a hat – to give children from poorer homes an equal chance of getting a place at a top school.











The research, from property website PrimeLocation.com, is based on average asking prices in July this year and GCSE results taken from 2010.

It shows a handful of the top schools are in areas with typical house prices more than twice the national average of £221,110.

These include St Olave’s and St Saviour’s Grammar in Orpington, Kent, ranked second in the UK, where house prices average £592,471. Notably, house prices in the area around the top-rated Bishop Wordsworth’s Grammar, in Salisbury, are just below the average for leading schools at £286,112.

Nigel Lewis, property analyst at PrimeLocation.com, says: ‘For many years now the challenges of the catchment area-based lottery for state schools have vexed millions of parents across the UK – and our research highlights how much it can cost to get your child into the ideal school.’

n The first 24 ‘free schools’ are to receive £130million between them from the Government to cover their start-up costs this year.

Among those getting state backing is the Maharishi School, in Ormskirk, Lancashire, where children as young as four will be given meditation classes.