St Giles Parish Church in Wrexham c Leon S on Unsplash

Wrexham County Council 'declined to carry out its legal duty' regarding the local plan, according to the judge. Credit: Leon S on Unsplash

Judge orders Wrexham to adopt twice-refused local plan

Describing the rejections of the local development plan as irrational, Justice Stephen Eyre KC said the council must reverse its decisions by mid-January.

In addition, Wrexham County Council must pay £100,000 in costs to the consortium of developers, led by SG Estates, who had taken the council to court over the issue, according to a report by The Leader.

The newspaper stated that no one attended the hearing yesterday to speak for the county council.

The Wrexham Local Development Plan 2013 – 2028 had already undergone multiple public consultations and passed inspection by the Welsh Government when councillors first rejected it in April.

The local plan provides the strategic framework for future development in the county, including where more than 8,000 homes can be built. Wrexham County Council’s last up-to-date plan expired in 2011.

The North Wales authority doubled down on its rejection in June, with Leader Cllr Mark Pritchard saying that he did not believe the local plan was sound. Objections over the local plan centred over a believed insufficient affordable housing provision and lack of infrastructure to provide for a large increase in housing.

Both decisions by the county council had been contrary to planning officer recommendation. In June, the county council’s legal team had weighed in as well, stating that in refusing the local plan the county council had acted unlawfully and was unlikely to win a judicial review.

It was a prescient warning, as the county council found on Wednesday.

“The council deliberately, in the face of legal advice and recommendation, declined to carry out its legal duty,” said Judge Eyre during the review, according to The Leader.

The judge also said that if the local plan was not adopted by mid-January 2024 then firmer action would be taken by the court.

Wrexham County Council provided the following statement after requests for comment about the judicial review: “In light of the information received today (29.11.23) we will be arranging an Extraordinary Council meeting to deal with the matter.”

Barristers’ chambers Francis Taylor Building represented SG Estates and the developer consortium during the review.

Your Comments

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What a disgraceful use of taxpayers money, heads should roll for this sort of pathetic behaviour

By Anonymous

Difficult to see how this impasse will be resolved without a change of personnel

By Jack Mary Ann

The councilors should pay out of there own money

By Anonymous

What happens when the NIMBYs start to get elected and make “decisions”

By Anonymous

Yet again Officer Recommendation – and seemingly legal advice – ignored by the Butcher, Baker and Candlestick Maker once again leaving the Tax Payer with an unnecessary bill. The system is not fit for purpose and must be changed – the self interest of Politicians motivated by the views of the nimby brigade is not the basis for deciding Local Plans and determining planning applications.

By David Sleath

Wrexham councillors should be embarrassed for wasting £100,000 of Tax payers money. Wrexham councillors should be made to sacrifice their 6% salary increase in April 2024 until the public funds have been repaid in full. Heads should roll

By Anonymous

Developers overriding elected representatives?

By Anonymous

UK neoliberal house builders don’t even care about building decent houses, so why would they care about protecting existing communities, infrastructure, the environment or anything else. All they care is there next dividend.

UK houses are diabolical compared to most on the continent, all lobbied for by the UK building industry over many decades.

This area cannot sustain another 8000 houses either human systems or natural systems.

By Anonymous

If you lost £100k through irrational decision making in the private sector you would be out of the door. It’s about time Local Authorities were ran like proper businesses, with credibility, passion and competence at the forefront of decision making. Lot’s of Local Authorities and local Councilors starting to look silly right now.

By John W

“Developers overriding elected representatives?” Perhaps you misread the article ” .. Judge Justice Eyre KC said the council must reverse its decisions by mid-January.”

By Rex

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