"Inaccuracies" in the council's statements saw the judge find in favour of squatters who have been at site since June
Squatters can remain at a derelict adult learning centre in Staines after Surrey County Council lost a court case to have them removed.
The group, some of whom had previously lived at the Runnymede Eco Village, left the county court in Guildford victorious on Thursday (October 1) after what they said were ‘inaccuracies’ in the councils statements.
The council claimed they first became aware of the presence of the squatters at The Oast House, in Staines, on Thursday, September 17.
However, the self-named Four Seasons Community Cooperative group say they have been at the site since Saturday, June 13.
Speaking after the ruling, one squatter, called Mouse, said: “We are really glad the judge has listened to our side and accepted that we were there the whole time.
“We have had proceedings dropped in the past but never actually had a judge rule in our favour.
“There were a lot of inaccuracies in the council’s statement and I am glad she picked up on those.”
Circuit Judge Alison Raeside dismissed the Interim Possession Order for the property in Kingston Road.
She saw dated photographic evidence from the squatters supporting their time at the site and also evidence that officers failed to respond to internal alarms.
The council also failed to present written documents of inspections undertaken at the site.
Judge Raeside said: “The defendants appear to be straight forward and honest individuals and they know the law around squatting, they have to gain entry and keep in residency.
“They are fully aware that they need to show continuity of occupation and have done so with evidence.
“Doubt was cast on whether the defendant’s chain was put on the door and when, but shamefully there are no notes of the inspections by council.
“I accept that on June 13 one of the defendants took up occupancy and that there has been someone there ever since.
“I accept that a lock and chain was purchased and attached by the defendants.
“I find that the claimants ought to have known of the presence of the squatters and that is ignoring the fact that the first security alarm went off in June.”
Surrey County Council’s area facilities officer Ian Horgan claimed the council had only become aware of the squatters’ presence at the site on September 17 after he discovered a ‘loose chain’ he had not seen before wrapped around the entrance doors during a site inspection with a colleague two days previously.
“We inspected every room and every nook and cranny,” he said.
“We went all around the property checking for any damage and the only damage we found was water on the roof. There were no signs of any habitation whatsoever.”
Mr Horgan said council officers carried out site inspections quarterly at the Oast House, and the former brewery had been attended by either removal men, police or council staff on June 22, August 21, 24, 26 and September 8.
The judge ruled, however, these were times when they ought to have seen the squatters if the inspections had been as thorough as suggested.
Photographs provided by Daniel Baker, member of the Four Seasons Community Co-Operative, showed the squatters had secured the site with a new padlock on June 13.
Mr Baker told the court the council had failed to provide any documents to prove the site had been inspected and when he had first entered the property the alarm went off three times but ‘no one followed it up’.
“We all agreed to be locked in the building and all the time someone was in there,” he said. “The group agreed to remain in the stairwell by the doors. If they had checked every nook and cranny of the building they would have come across a person or belongings in the building.”
The squatters have a petition signed by more than 100 people and will submit this to the council in a bid to have the site named as a community asset and restored to its previous capacity as an Adult Learning Centre.
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