Councillor’s Legal Victory Disrupts Wrexham Housing Plan

A strategy for developing thousands of residences is now uncertain following a decision by the Court of Appeal, which determined that councillors were not obligated to approve a local development plan. Wrexham councillors ultimately approved a Local Development Plan (LDP) in December, having been directed to adopt such a plan by a judge subsequent to a judicial review. This judicial review was initiated by developers after the LDP had been rejected on two prior occasions. However, on Friday, the Court of Appeal issued a ruling supporting Plaid Cymru councillor Marc Jones. The court dismissed the earlier judicial review and stated that councillors were not compelled to adopt an LDP. Mr. Jones achieved this victory after challenging six developers, the Welsh government, and Wrexham council. An LDP serves to delineate areas where authorities plan to develop land over a specified period, guided by Welsh government projections. The Local Development Plan for Wrexham, which includes a proposal for 3,100 new residences, was rejected in both April and June of 2023. Subsequently, six housing developers prevailed in a judicial review, contending that the council was required to adopt an LDP. Following this, the December vote occurred, preceded by legal counsel advising councillors that they could face imprisonment if they disregarded the judicial review’s decision. However, three appeals judges have now determined that councillors acted within the law when they voted against the LDP on two occasions. The court consequently dismissed the judicial review case brought by the six housing developers. Following the judgment, Mr. Jones characterized the ruling as “a landmark” and a “major breakthrough.” He stated, “The judgment, by the second highest court in Wales and England, is very clear.” He added, “Local councils in Wales do have a choice when it comes to adopting these plans.” According to Mr. Jones, Welsh government ministers are now obligated to respect the votes that opposed the adoption of the plan. He further commented, “They should also disregard the December 2023 vote.” Hugh Jones, Wrexham council’s strategic planning member, remarked: “This judgement has implications for the council in both legal and operational terms and these are currently being given careful consideration.” The Welsh government issued a statement saying: “We will consider the Court of Appeal’s judgment.”