SWINDON Council will have a fight on its hands if it continues with plans to build a tunnel under the M4.

The Campaign to Protect Rural England was angered by the proposal which was announced at last week's full council meeting.

And the CPRE says the only way it can challenge the council, which has included the scheme as part of its plans for the Front Garden Development, is to hold a judicial review.

At the meeting Charmian Spickernell, vice chairman of the Wiltshire Branch, asked if councillors would wait for the outcome of an independent planning report before signing the legal agreement for the tunnel.

Mrs Spickernell said: "They say the road is adopted in the Front Garden plans but it is not and they are refusing to acknowledge this. The council isn't giving the plans time to be processed."

The council has already approved the £4 million tunnel, which will form a link from Croft Road, in Old Town, to Hay Lane, south of junction 16, as part of the Front Garden Development.

Mrs Spickernell said: "There was enormous public pressure on them but it's been suppressed by the council's PR, saying the issue is all over.

"They are steamrolling ahead with the decision and the CPRE is going all guns blazing to see the development benefit the town."

The CPRE is not opposed to development but Mrs Spickernell said originally the relief road would cross the Great Western Way to help traffic relief in Kingshill and Old Town.

Mrs Spickernell said: "Suddenly, with the planning application for the Front Garden, the proposed Croft Road to Hay Lane Link appeared for the first time.

She added: "If the council refuses to listen, we have no other course of action other than having a judicial review."

Gavin Calthrop, a spokesman for Swindon Council said: "During the course of the Local Plan Inquiry the inspector will be examining the Local Transport Plan aspect of the Local Plan.

"The link road is part of this plan but the item was considered on January 20, 2004 as part of the planning application.

"This application went through a rigorous process of consultation and statutory planning processes.

"It was approved by the council's planning committee and then referred to the Secretary of State, as all such large scale developments are.

"His decision was that the planning committee could determine the application so the approval stood.

"So, while the link road may be the subject of objections as part of the Local Plan inquiry, the planning decision cannot be overturned."

Lyndsay Scanlan