GIPSIES that have set up a caravan site off the Wyre Piddle bypass could stay there for up to ten months after a judge refused to reinstate a Wychavon District Council injunction.

Council solicitors say the decision, taken at Birmingham County Court on Monday, could send out the wrong message.

The injunction was taken out on September 19 amid reports that hard core and an electricity supply was being set up in a field adjacent to Duffledown Farm.

Six days later nine families moved on to the land, owned by another gipsy and a planning application was submitted.

Ian Marshall, head of legal services at Wychavon said: "The council is very disappointed by the judge's decision because this is a very flagrant breach of a court injunction.

"We feel that it sends out completely the wrong message.

"We moved very quickly to get the injunction but these travellers were able to ride roughshod over that and we are very annoyed about it."

The council was not granted leave to appeal against the decision but the judge did impose several stringent conditions on the gipsies.

"No more families or vehicles can move on to the site, any building or engineering work on the site is prohibited, and the hardcore must be removed within 28 days.

Under the judgement the gipsies must speedily progress their planning application and in the event of refusal, promptly lodge an appeal.

But Mr Marshall said it could take between eight to 10 months before a final decision is reached.

The gipsies' agent Brian Cox said: "There is a major problem finding gipsy sites in this country. In Wychavon they have tried to make provisions but the fact remains there are still difficulties. On this particular site there are about 20 children and so if they do not have somewhere to occupy, they will suffer health wise and they will not be educated - that was one of the concerns of the judge.

"This site is next to a factory and a landfill site so it is as good as any other site I have seen."