The council's solicitor warned councillors on Tuesday night they could not refuse the Broome Manor application without good planning reasons.
The application, for a new double-decker driving range, new visitor facilities, an adventure golf course, and eight all-weather football pitches, had been recommended by officers for approval, but councillors disagreed and chose to refuse planning permission.
A planning inspector, who would have the final say in an appeal, does not have to win a vote. And they would judge the merits of an application only by planning laws.
And if elected councillors on a planning committee like Swindon Borough Council’s choose to vote against a proposal that a planning officer has recommended for approval they need to be sure they do so on very strong planning reasons – otherwise they could be inviting an appeal to the planning inspector which will be expensive and time-consuming even if their decision is not overturned.
It is clear that planning and legal officers at Swindon Borough Council feel any appeal launched by Twigmarket – and boss Jeremy Sturgess has said one will be lodged - would win and at the council’s expense.
He told the members they had to the power to reject the company’s plans in order to protect the nine-hole course” as it is currently configured but said: “We would almost certainly lose any appeal and because the reasons for refusal are not strong enough [and the council] would be liable for the appellant’s costs as well.”
As the company has already put forward two options for keeping the nine-hole course and still build pitches members were told that refusal to keep the current lay-out was not a strong planning reason – but they voted to do so anyway.
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