A GIPSY who was prevented from living in a caravan on his own land has won his appeal against the decision.

Robert Smith moved into a static caravan on land in Snipe Lane, Darlington, last year even though councillors had rejected his planning application.

Yesterday, an independent planning inspector ruled in his favour and overturned the decision, enabling him to live on the land.

The inspector also made a separate award to Mr Smith for the costs of the appeal process.

Mr Smith had previously lived on a settee with his daughter and her family in a semi-detached home in Claremont Road, Darlington, for nine years after being forced from traditional gipsy camps in the town.

Last April, he submitted his planning application for the site in Snipe Lane, off the busy A66, to build a mobile chalet and amenity blocks.

Councillors rejected his proposal because of highways safety and countryside impact.

However, Mr Smith moved onto the land and appealed against the decision. A public inquiry was held last month.

Planning inspector Wenda Fabian ruled in his favour following the inquiry and a site visit. The appeal focused on five key points, including the appearance of the site, its location and access via the A66, highways issues, the need for gipsy facilities and provision of alternative gipsy sites.

In her report, Mrs Fabian said there was unmet need for gipsy sites, that the application would not harm the character and appearance of the countryside and would not impair highway safety.

Mrs Fabian concluded: "Taken all in all, there is clear acknowledged unmet need in the area for additional gipsy pitches, there are no identified suitable alternative sites, little prospect of additional provision in the short and medium term via site allocations and the proposal for single gipsy pitch meets each of the criteria set out in policy."

Andrew Moss, from Mr Smith's solicitors, said he had yet to speak to his client, but added he was pleased that permission had now been granted.

He did not know at this stage how much costs Darlington Borough Council must pay Mr Smith. A separate decision will bemade at a later date.