Swindon Borough Council has hired lawyers to advise it as it looks into whether new houses being built on the town's old speedway venue break planning rules.

Housebuilder Taylor Wimpey has begun building and marketing homes it has permission to construct near Abbey Stadium in Blunsdon St Andrew.

But there has been widespread concern, from local MP Justin Tomlinson, parish and borough councillors and  members of the public that the stadium has not been completed and opened – and that was a condition of the permission to build the new houses.

A playpark for children, which has been built, but is still fenced off, is also part of the conditions.

The borough council said some weeks ago it was looking into the matters and it has now confirmed it is taking legal advice.

Leader of Swindon Borough Council, Councillor Jim Robbins, said: “I am working closely with the planning team who are investigating the work that has been undertaken around the Abbey Stadium to ensure it complies with all the conditions that were agreed as part of the various planning permissions.

“That investigation is ongoing, but we are also seeking legal advice where we suspect the planning requirements may not have been met and we will take action, if appropriate.”

Previously Cllr Robbins told members of the council that the authority would need a “very strong case” if it were to contemplate action against the building firm:

“It needs careful looking at, it’s a complex situation, with five planning permissions for the site.

“We need to make sure we know which permission Taylor Wimpey think they’re working to, and which we think they should be working to.

“Developers have deeper pockets and more expensive lawyers than cash-strapped councils, so we really need a strong case to defend if we do find enforcement action is necessary.”

Taylor Wimpey has said that under the Section 106 agreement attached to the outline consent, an independent contract administrator was appointed to certify the planning obligations and that this administrator confirmed to the council in July 2023 that the obligations had been met. 

"These have been duly certified by an independent contract administrator under the terms of the Section 106 agreement.”

The S106 agreement states that seven schedules must be complied with, the first of which relates to 10 milestones that need to have been completed, including stadium buildings, but does not go into specific detail on what constitutes the 'completed' stadium buildings.