Local Development Plan finally adopted at third attempt as councillors boycott and walk out of meeting

Wrexham finally has a Local Development Plan in place after several years and three votes, however the adoption of the plan saw yet more extraordinary scenes in the Guildhall.

As predicted earlier 30% of councillors did not attend the meeting following the robust legal advice from council officers over the vote and some still uncertain what an abstention or vote against could mean in terms of future action.

The meeting opened with the Legal Officer reading out the report before councillors including the Judge direction and legal warnings saying ‘democracy is not above the law’.

Cllr Mike Morris moved the report saying elements of the plan did not sit comfortably with him, however pointed to the placement of the plan on deposit being the point of Guildhall democracy, and said the Judge direction was ‘clear an unequivocal’.

Cllr Dana Davies seconded the report, saying “This council, and we as elected members, are now accountable to the court” and asked for a recorded vote.

Mayor Andy Williams told members they had five minutes each to speak.

Cllr Rob Walsh opened the debate, “The LDP will be adopted there is nothing we can do about that. Court overruling democratic bodies is nothing new, even the President of the USA gets overruled by the Supreme Court. What is new, is we are being forced to vote against our beliefs.”

“We cannot have this situation where elected members are being forced to vote against their beliefs. It is very dangerous. I hope there is no witchhunt. We have to draw a line.”

Council Leader Mark Pritchard asked a question of the monitoring officer saying advice was offered verbally but refused in writing, “Before we take a vote we need to understand consequences of our actions

“Lots of things have been said on social media and out there, if we vote against this this afternoon are we going to jail? What is the consequences? What if we abstain what is the consequences? Democracy is at play here. ”

The council leader reiterated “fear” “intimidation” “threats” and “pressure” that councillors had relayed to him.

The Legal Officer replied that if there was a ‘yes’ vote to adopt the LDP “there is unlikely future court proceedings” as no contempt of court orders would take place.

The officer told the meeting if there was a ‘no’ vote ‘the case will undoubtably return to court’ with increased court and legal costs due to contempt of court.

They added, there was potential for the Judge to ‘hold to account individuals who vote no’ calling it ‘unknown territory’, noting there would ‘unlikely be action against those abstain and absent’.

Cllr Carrie Harper said “Here we are for a third time, being told to vote for a housing plan that most of us don’t support. There will be councillors who have stayed away from the meeting today because they’re afraid of the repercussions of voting against this plan given we’ve been threatened with prison.

“This is a plan that is set to make developers hundreds of millions. A plan that will eat up our green fields, coalesce villages, damage local identity and put pressure on our services and infrastructure. It’s a plan we know people locally don’t want but don’t you dare vote against it.

“This isn’t a free vote, councillors now effectively have a gun to their head. Because the formal legal advice we’ve had is that every councillor individually faces the threat of prison, a fine, the seizure of assets or ombudsman complaints if we dont vote for a plan most local people dont support.

“The Welsh Government legislation that underpins all of this, is literally criminalising the democratic process. It is fundamentally undemocratic.

“It’s an affront to democracy and it’s precisely why the Welsh Government should have stepped up when they were formally asked to intervene , after the first vote rejecting this plan. We all know the had the power to intervene all they way up to the time before adoption, they were asked to work with Cllrs locally to find a way forward but they have refused to do that.

“They have refused because they do not want to be accountable they know politically this is damaging to them.

“Welsh Government are in hiding over this.

“This isn’t a local plan. The housing numbers, which we know are wildly inaccurate, come from the Welsh Labour Government. ”

“This is Labour’s development plan and the developer’s development plan.”

Cllr Becca Martin, added: “We are elected by our residents to represent them, to work in their best interests. When they vote for us in those polls they are putting their trust in us as elected members to do this.

Here, today, under the threats we have received, we are effectively being forced to vote in a way that does not represent our residents and will be more detrimental than beneficial for them.

“This vote completely throws out political freedom and the door this will open, frankly, leads to a terrifying place. It is a sad day for democracy.”

Plaid Cymru group leader Marc Jones asked “Who benefits? The large housing developers.”

“We are losing green fields under concrete, lose playing fields under Tarmac”

“The Labour Government has ducked its responsibility on the LDP – it could and should have accepted the vote in April and entered into further negotiation to find a solution. It chose to hide behind the developers.

“There are some who will feel this is a victory, it’s a very hollow victory. The people of Wrexham will ultimately judge who the winners and losers are.

“And we’ll see very soon what impact this LDP will have what added pressures it will have. There are developments of hundreds of houses coming through.

“We won’t be a part of this undemocratic farce. As a group we’ve made our case consistently for the past decade on this issue. We voted against sending the plan to examination

“In 2020 we were misinformed about having a further opportunity to vote. Now we are told we have to vote a certain way or face sanctions.

“As a group, we’re not going to grace this vote with our presence. We are now going to leave and take our place where we belong – with the people of Wrexham”

The Plaid Cymru group walked out and went to the public gallery.

Wrexham’s Plaid Cymru group have walked out of the LDP meeting – and are now in the public gallery. “We are not going to grace this vote with our presence”. More later … ! pic.twitter.com/eBEb8naN4P

— Wrexham.com (@wrexham) December 20, 2023

An angry Cllr Dana Davies fired back saying, “I am losing my patence as we are here today because of an unlawful decision made back in April. It is about upholding the law.

“Elected members knowingly and intentionally voted unlawfully. That is why we are sat here today.”

Cllr Davies was critical of councillors who did not turn up, or walked out, saying “It is not about guns to their heads, it is about voting lawfully”.

“This isn’t Welsh Government legislation it is UK legislation.”

Picking up comments from Cllr Walsh about wider focus on local issues Cllr Davies said that councillors actions since April ‘should be held to account’.

Cllr Dana Davies also told the meeting that the Labour Group had taken formal barrister advice, at no cost to tax payers, for opinion on the LDP matter, to back up their position and suggested others could have done the same.

Cllr King echoed those points, pointing out that Wrexham Council ‘is a major law enforcement body, we have scores of laws that is our duty to enforce’ and therefore could not ‘pick and choose’ which to enforce’. Cllr King branded it a ‘shameful’ example to set young people to not adopt the LDP.

Cllr King spoke to the public gallery from his Zoom screen where Cllr Harper was stood, asking for a ‘proper examination’ of her claim ‘most’ people don’t support the LDP, “Does she mean at least 51% of population do not support this plan? She is good at populist phrases but this does need to be examined!”

Cllr Wynn said “My decision to support the acceptance of the LDP hasn’t changed. But, as a ward member I am impact by the Ruthin Road development. I think the Inspectors that approved the LDP as sound did so with a tongue in cheek.

“My hope is the LDP is accepted today, but the challenge and the fight does not finish there. It is up to us as members to challenge applications as they come in and hope we can collectively challenge developments that are contained inside it.”

Cllr Gary Brown said the LDP was a ‘flawed document’, “It is a bad day for democracy when people cite it is a bad day for democracy when we are here to make a lawful decision, when the principles of democracy are based in law’.

“I stood on a platform of tackling misinformation and antidemocratic practice. I felt conflicted in April, I voted against.

“In June I read the report, heard and listened to senior officers, took their advice and I changed my mind.”

In a warmly received speech Cllr Brown said it was standing for “courage, in the face of rubbish being touted about the process here today”.

Cllr Trevor Bates raised several questions, pointing out if the Judge had already decided the outcome “Do we need to vote?” branding it a ‘silly process’.

Cllr Bates stated he had ‘not had sight’ of documents he felt were required, “I have not had sight of the Judge’s ruling. I don’t actually know who took Wrexham Council to court”.

“It is turkeys voting for Christmas, a group of developers are ruling the county”.

Cllr Bates proposed a deferment until all documents and information had been circulated to councillors, and presumably made public.

Dana Davies tried to raise a point of order to explain, drowned out by applause for Cllr Bates comments, but then said “The court as part of judgement, the court instructed the council to call the meeting”

“I don’t understand how a deferment is not going to put us back in court at further cost to the taxpayer”

The Legal Officer pointed to her report to the councillors, “there is no point in deferring this matter” saying the court order had been received and the detail will come in the future, but essentially the substance remains the same.

No one backed Cllr Bates’ motion so it fell.

In further unusual scenes Conservative Group Leader Cllr Paul Roberts asked for a 5 minute recess to ‘discuss with his group’. The Mayor agreed and the meeting was paused for five minutes.

Cllr Mark Pritchard spoke about the ‘values’ of democratic process, pointing to the Standards on the walls of the Guildhall Chamber.

“They are the Standards of regiments and soldiers who gave up their lives for freedom of speech and democracy. That should stand for something.

“Is democracy under threat in Wrexham? Absolutely. In this chamber on two occasions we threw out the LDP. We asked the legal officer we were told we were not breaking the law. I dont think any of us has broken the law.

“The court case is a different discussion. We have taken officer advice, and we voted on those issues at that time.

“I don’t agree with Cllr Dana Davies that we have broken the law.

“I believe this will go through. I won’t support it. I will abstain. As an individual, no one should come in this chamber and be told how to vote, or intimidated or threats.

“If the LDP had been voted for, I would have respected that. There is a core of individuals driven this witchhunt, I will push back hard against it. All of us should value how everyone feels and votes on it.

“I hope everyone after this vote respects it and there are no repercussions.”

Cllr Wellens said “The democratic process is not what happens just in this chamber. It is interlinked with legislation, scrutinised at UK or Welsh Government level, with our democracy in the UK, we are actually under obligation to follow laws. They support our democracy.”

“Cllr Pritchard mentioned threats, pointing out consequences of actions is different from threatening”.

Cllr Mike Morris wrapped up the debate stating, “Whether we like it or not the law is above the democratic process. This is something we need to move on with”.

The vote was ‘recorded’, and the LDP was adopted with 26 votes in favour.

11 councillors abstained.

Zero councillors voted against it.

(For reference, at the two previous votes the LDP had been defeated 23 v 27 and 24 v 30).

A each councillor’s name was read out and their vote therefore made public:

Opponents to the plan now say Wrexham will see a range of planning applications come forward for thousands of houses, whereas some who supported the LDP adoption say now is the time for input on tweaking the plan to address concerns.

More reaction to this decision to adopt the LDP to come…

Top pic: The unusual view in the Guildhall with some councillors in the public gallery watching the debate after they walked out.