THE borough council has lost a legal battle that could damage its New Eastern Villages expansion plans for 8,000 houses.

Court of Appeal judges have come down in favour of the developer of the new Symmetry Park business estate in a dispute over public access to a spine road running through the middle of the site opposite Gablecross Police Station.

The council claimed a condition of planning permission for the road was that it would be a “fully functioning highway” meaning anyone could use it.

But DB Symmetry wants to keep the road private for the staff working onsite and said the words did not mean public access.

A planning appeal found in favour of the company, but the council took the matter to the High Court last year and won.

But DB Symmetry appealed against that decision and now three Court of Appeal Judges have found in the company’s favour, saying it was not made explicit the road must be open to the public.

Following the judgement the council said having the road open to the public is important to the New Eastern Villages as access between the new houses and Swindon.

Gary Sumner, the cabinet member for strategic infrastructure, transport and planning said the authority is considering a final appeal to the highest court in the country.

“We are very disappointed with this decision," he told the Adver. "The court considered the arguments of both parties and took a very different view to the High Court.

“The council is considering its position on the judgement, which includes the potential to apply to the Supreme Court.

"Access through Symmetry Park and access to the employment opportunities it delivers are important to the New Eastern Villages development, providing local jobs for local people.

“However, this important project for Swindon will continue, delivering much needed housing, employment opportunities and infrastructure.”

The park off the A420, is where Amazon is having a huge new warehouse built as part of a £400m investment.

Tritax Symmetry, the new name for the developer of the park since a recent merger between DB Symmetry and Tritax, declined to comment on the ruling.