BARNSLEY Council's gypsy policy has been described as 'outdated' and 'inadequate' by a High Court judge at a planning appeal this week.

The comments were made after Deputy Judge Roger Kaye QC rejected the council's challenge to a planning inspector's decision to grant permission for a travellers' site at Great Houghton.

Proposals to develop eight permanent caravan pitches in the former walled gardens at Burntwood Hall were originally turned down in December 2008.

But the Smith family, who live at Ings Road, Wombwell, were desperate to leave the site following severe flooding in 2007 and appealed against the decision and won.

At the hearing, Judge Kaye said that there were "very special circumstances" which justified what would otherwise be an inappropriate development in an area allocated as green belt.

He said: "The Smith family were asking, in effect, for permanent permission to move to the appeal site because of the anxiety and fears they felt in remaining on the Ings Road site."

BARNSLEY Council's gypsy policy has been described as 'outdated' and 'inadequate' by a High Court judge at a planning appeal this week. The comments were made after Deputy Judge Roger Kaye QC rejected the council's challenge to a planning inspector's decision to grant permission for a travellers' site at Great Houghton. Proposals to develop eight permanent caravan pitches in the former walled gardens at Burntwood Hall were originally turned down in December 2008. But the Smith family, who live at Ings Road, Wombwell, were desperate to leave the site following severe flooding in 2007 and appealed against the decision and won. At the hearing, Judge Kaye said that there were "very special circumstances" which justified what would otherwise be an inappropriate development in an area allocated as green belt. He said: "The Smith family were asking, in effect, for permanent permission to move to the appeal site because of the anxiety and fears they felt in remaining on the Ings Road site. "The planning inspector's decision was a careful, well reasoned and balanced judgement. I can detect no error in his approach or the manner and reasoning of his conclusions which were open to him on the material presented to him including his site visits." He said that the inspector had found that the council had only made 'limited progress' in addressing the unmet needs of sites for gypsies and that their existing planning was 'inadequate'. After the hearing Richard Smith said the family were relieved that the decision had gone their way. He said: "We were very worried about where we would go because there isn't a better site in Barnsley. We are ecstatic and just want to get the elderly members of the family moved over now. "I think the judge's assessment was fair, like us I don't think he was quite sure why it had come to court." Eight caravan pitches will be provided with a separate block containing a small utility room with sink, work surface and space for washing machine and bathroom. Mr Smith hopes to have the plot completed by May.

Full story in this week's Wombwell and Dearne editions