Call to defer ‘any further planning decisions related to the LDP’ as permission to appeal granted

Planning in Wrexham could be thrown up in the air yet again as a ‘permission to appeal’ has been granted over the Local Development Plan adoption argument.

As readers will have been long following, the LDP has been a thorny issue with multiple fraught votes again the plan in the Guildhall chamber. A consortium of developers challenged that result, with BDW Trading Ltd, Bloor Homes Ltd, Redrow Homes Ltd, Harworth Estates Investment Ltd, Russell Homes UK Limited, Castle Green Homes Limited and SG Estates Limited winning  a court order instructing adoption. The final adoption of the LDP was via a minority vote of councillors after a boycott and walk-out.

Now the case to challenge that council vote to adopt the LDP has taken “a very significant step forward”, according to councillors opposed to the plan.

A decision from Rt. Hon. Lord Justice Lewison has been made public, and states, “I am satisfied that, for the reasons stated in the Grounds of Appeal (and amplified by the skeleton argument) the proposed appeal (a) has a real prospect of success and (b) raises an important point of principle”.

He states later noting that it appears Wrexham Council didn’t appear in court to argue the case previously, “Bearing in mind that the appeal raises an important point of principle (which may also have a bearing on Mr Jones’ parallel challenge to the Council’s decision to adopt the LDP), I consider that it is desirable for the point to be decided by this court, particularly since the point was not subject to adversarial argument before the judge.”

The councillors, who say they are funding the legal challenge through a crowdfunder appeal, say they “…represent the majority of Wrexham elected representatives who opposed the Local Development Plan (LDP)”

“The judge’s ruling on allowing the case to go forward represents a very significant development. It recognises that there is a significant public interest in councillors being forced, upon threat of imprisonment or fines, to adopt a plan that they had voted against twice because they believed it was not in the best interests of the people they represent. Equally important is his statement that he believes we have a real prospect of success.”

The councillors added: “This is the people’s democratic representatives taking on unelected powerful interests. It has not been done lightly – it comes at significant personal risk and cost. There have been attempts to silence us with police and Ombudsman investigations as well as threats in the council chamber about jail.

“We hope that the legal action can take place as quickly as possible because there’s a real risk that developers will aim to rush through planning applications on key strategic sites that amount to an extra 3,200 homes that would be built on two super-estates either side of Wrexham – on the Ruthin Road and on the Cefn Road. It also impacts on protecting green wedges between communities.”

Significantly the councillors are calling for planning decisions to be paused pending the outcome of their legal challenge, with the councillors saying they are “…taking legal advice on whether the council should defer any further planning decisions related to the LDP in light of the Court of Appeal ruling”.

“Legal action is an expensive, but necessary, business. The implications of losing this action are profound for people’s democratic rights and the outcome of the court decision is being monitored closely by other campaigners throughout Wales and England. If anyone is willing to help us to fight this important legal battle, please contribute to our crowdfunder here“.

Top pic: The LDP plan showing some large areas of housing allocations in orange.