Developers to be taken to Supreme Court by Swindon Council over Symmetry Park issue

SWINDON Council is taking a developer to the Supreme Court over an issue with its New Eastern Villages project.

It is all because the council wants the main access roads through Symmetry Park to be a public highway.

It has been a long-running issue between the council and the landowners – on this occasion DB Symmetry.

At the moment there is no date for any hearing, but it is likely to be towards of the middle of the year.

The New Eastern Villages will consist of 8,000 homes, new schools, employment spaces and community and leisure facilities.

It will be located to the east of the A419 and is estimated to span 724 hectares, with its eastern boundary reaching the point at which the River Cole meets the A420.

Councillor Gary Sumner, who is deputy leader of Swindon Borough Council and cabinet member for strategic infrastructure, transport & planning, said: “While both parties are actively working together to come to a mutually acceptable solution, because of the highly technical nature of the issue involved this is still ongoing.

“In simple terms the courts have been asked to consider how a local planning authority can require dedication of land as public highway through legal agreements associated with new development.

“It is clear that the courts have a diverse understanding of the issues involved here.

The council were successful at the high court but were not successful in the Court of Appeal.

'This is a necessary step'

Coun Sumner added: “The Supreme Court has agreed that there is an arguable issue here and have agreed to consider the technical issues again.

“The matter is important to the Council as it sees the main access roads through Symmetry Park being public highway as important to the New Eastern Villages project.

“Given ongoing discussion with the landowners of these roads the Council is confident, notwithstanding the court action, that a solution can be achieved to deliver this.

“Pursuing the legal route will, of course, incur a cost for the council but given the importance of the New Eastern Villages project to housing delivery for Swindon this is a necessary step.

“If the Council is successful it will be able to seek costs from the other side but hopefully the ongoing discussion will avoid this.”

Tritax Symmetry has been contacted for comment.

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• swindon borough council