An informal hearing held to consider the appeal by an extended gypsy family wanting to establish a permanent site near Bickington, has heard their legal representative say: 'There is a right to live within one's cultures and traditions.'

Brian Cox was speaking on behalf of appellant Maurice Isaacs, a Devon Romany gypsy, who bought the parcel of land on at Bridgemill Cross on the Ashburton Road in 2002 with a view to positioning five mobile homes there for his family.

Mr Isaacs said: 'I had wanted to buy the piece of land 12 years ago, only I had a heart attack and had to pull out. The land coming to me now shows that God and fate meant me to have it.'

Nick Davies, area planning officer for Teignbridge council, said planning permission has been refused for the site on the grounds that it contravened planning guidelines regarding rural development and sustainability.

He said: 'The site is well outside Newton Abbot, and permission for a barn conversion opposite has also been turned down on Monday.

'It's remote enough that anyone wanting a pint of milk or whatever will jump in the car.'

He added: 'The caravans on this site are very readily visible and it's not the form of development you expect to find in the countryside.'

Maggie Smith, of the Romany Gypsy Council, told the hearing of the difficulties facing gypsies and that there was a recognised need for further provision of sites across the county.

'No one is catering for the young generation of Romany gypsies, let alone the Irish gypsies and the new age travellers,' she said. 'The situation is far bigger than you think.'

Mr Burden heard that because Mr Isaacs was registered disabled, and in order to provide a stable location to meet his son's educational needs, that the normal planning guidelines should be interpreted in favour of the gypsies.

Mr Cox referred to the county council's Wellbeing Forum Report, which highlighted the need for gypsy families to have a stable base if their health and education needs were to be met.

'I would entirely accept that this application wouldn't be accepted if this site was not for gypsy use,' said Mr Cox, but added: 'While this is open countryside the granting of this permission would help to meet the concerns of this report.'

Mr Burden undertook a site visit and will announce his decision in the spring.