The High Court in London quashed a decision by deputy prime minister John Prescott to grant planning permission for the site at Bletchenden Road.

James Baker had been given approval to site three mobile homes and two caravans at Quarter Paddocks.

The court was told a planning inspector failed to take into account the site's Low Weald Special Landscape status.

Not adequately screened

Mr Prescott accepted the decision to grant permission last September could not stand, the court was told on Thursday.

Another planning inspector will now have to consider the matter.

Judge Mr Justice Sullivan ordered Mr Prescott to pay the legal costs of Maidstone Borough Council, which launched the court challenge.

The council had refused to grant permission, ruling that the site was not adequately screened and there was no evidence the occupants, who moved onto the site in October 2003, were Gypsies in the eyes of the law.

The inspector allowed the family's appeal because of their "basic human needs" for a secure base from which to obtain healthcare and education for their children.