Robert Simmons occupies the 0.3 hectare Green Belt site at Station Court, east of Knockholt Station in Halstead, as a six-pitch caravan site with his family.

Sevenoaks District Council ordered them off the land in June 2003 and Deputy PM John Prescott backed the council.

On Wednesday Mr Justice Newman ordered Mr Prescott to reconsider his decision.

Special circumstances

When Mr Simmons originally appealed against Sevenoaks Council's enforcement notice, the deputy prime minister set up a four-day planning inquiry which was held in February 2004.

The inspector recommended the appeal be allowed because of "very special circumstances" in Mr Simmons' favour.

These included the educational needs of his youngest child and the lack of caravan sites for Gypsies.

Mr Prescott rejected his inspector's assessment and dismissed the appeal in July 2004.

Mr Justice Newman said there was evidence Mr Simmons had looked for other sites and found them "too expensive".

There was also evidence of a lack of Gypsy sites in the whole county of Kent.