Jones (appellant) v Wrexham County Borough Council & ors (respondents)

Tuesday 15 - Wednesday 16 October 2024
Before The Senior President of Tribunals
Lord Justice Baker
Lord Justice Holgate
By Appellant’s Notice filed on the 31 January 2024, this is an appeal against the order dated 6 December 2023 of Mr Justice Eyre, sitting in the Planning Court, Cardiff.
This matter flows from the first respondent, Wrexham County Borough Council (“the Council”) considering and voting on whether they should adopt the Local Development Plan 2013-2028 (“the LDP”). The proposed plan was supported by a number of developers, and the recommendations were that it be accepted, with modification.
The council however twice rejected the LDP, notwithstanding advice that they were not able to do so on the second occasion.
Those decisions were subject to judicial review by the consortium of developers, and in the court below, Mr Justice Eyre found that the first respondent had no discretion but to adopt the LDP, granted the application and quashed the decision of the council, directing the council to reconsider the application and determine it in accordance with the court’s decision.
This appeal is now bought by Mr Marc Jones, who was a member of the council as constituted at the time and the Leader of the Plaid Cymru Group on the Council.