LDP battle heads to Court of Appeal next month

Cllr Marc Jones is taking on Wrexham County Borough Council, the Welsh Ministers, BDW Trading, Bloor Homes, Redrow Homes, Harworth Estates, Russell Homes, Castle Green Homes and SG Estates in the Court Appeal over the Local Development Plan a new report has stated.

A general narrative update with the detail was circulated to councillors last month but is now public.

As we previously reported there had been a call to defer ‘any further planning decisions related to the LDP‘ pending the outcome of the court hearing.

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.

The extra information now public is that Wrexham Council have stated the two separate court proceedings in relation to the LDP as were commenced by Plaid Cymru group leader Cllr Marc Jones. The council add that action was “supported by Councillor Mark Pritchard” although does not detail what nature that support takes.

Previously it has been claimed that the court action could see Wrexham Council recoup £100k costs previously awarded against it, however in the now public update the council states they will be represented at the hearing with the curious situation meaning their barrister will presumably be arguing against a scenario that would make that happen.

The report is general in nature and covers a summary of the LDP situation (with no reference to the police investigation and outcome), however has extra information as below.

2.7 One claim is made under s113 of the Planning and Compulsory Purchase Act 2004 for an order quashing the LDP. The Defendants to the proceedings are Wrexham County Borough Council, the Welsh Ministers, BDW Trading, Bloor Homes, Redrow Homes, Harworth Estates, Russell Homes, Castle Green Homes and SG Estates. The claim is brought on the following grounds:
The LDP is outside the appropriate powers of the 2004 Act and/or
The interests of the Claimant (Marc Jones) have been substantially prejudiced by a failure to comply with a procedural requirement since Members were erroneously advised that they had a legal duty to adopt the LDP.
2.8 At the present time this claim is stayed (halted) waiting for the outcome of the second claim as set out below.
2.9 The second claim by Councillor Marc Jones is a challenge to the decision made by Mr Justice Eyre based on an argument that the legislation gives a local authority discretion not to adopt a LDP contrary to the recommendations of the Inspectors who have examined the plan.
3.0 Again throughout these proceedings the Council’s legal team has sought expert legal advice on process and complied with the filing of the required court documents to defend the claim.
3.1 The public court hearing of the second claim has been listed for Tuesday 15 October 2024 at the Court of Appeal, Royal Courts of Justice, London. The Council will be represented by a barrister at the hearing.
3.2 Councillor Marc Jones has sought a protective cost order in the court proceedings which means that there is a fixed cap on his liability for costs of £5000 and on the defendants of £35,000.

A previous separate court hearing had slammed councillors for basically taking up court time on the matter, with many believing the verdict from the Appeal court will be the final say in the matter.

Councillors have not been advised on what happens if the LDP is quashed, nor what the fallout could be if the legal action fails.