Labour say Wrexham is “swimming in unchartered waters regarding the question of lawful decision-making” after LDP vote

Non-adopting the Local Development Plan “could be viewed as an abdication of responsibility” by the Council Leader a senior opposition politician has claimed.

Last week Council Leader Mark Pritchard called for ‘a fresh start on a new Local Development Plan‘, with Plaid Cymru Group Leader saying they had ‘been proven correct‘.

Today Labour Group Leader Cllr Dana Davies has commented at length following the meeting that saw all but one of her group vote in favour of adoption the LDP, a vote that was lost when the majority of the Full Council decided not to adopt it.

You can read our full meeting report here: Wrexham Council throw out 2013 to 2028 Local Development Plan in tight vote ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​.

“Their Lead Member for Planning, Cllr Terry Evans, put forward an illegal amendment to the Chamber, which had it been accepted and voted on, would most likely have resulted in a Judicial Review – with individual Councillors being rightly challenged for their participation in maladministration.

“It is also important to note that the Independent and Conservative Administration, led by Cllr Mark Pritchard, and/or their Lead Member for Planning could have – at any point during the Examination in Public submission – chosen to bring a report before Council seeking a majority decision that would instruct Welsh Government to formally withdraw Wrexham’s LDP2 from the examination process.

“That opportunity was not pursued, and instead, some within the Administration chose to focus on inaction by only making public statements to the press in opposition of their own Local Development Plan.”

The comments echo points raised around an hour and three quarters into the meeting last week where Cllr Davies raised a point of order on Cllr Terry Evans’ amendment as it fully negated the initial recommendation.

At the time Cllr Davies expressed her deep legal concerns if it had been taken forward around ‘maladministration’ and told the meeting she would advise the Labour Group to walk out of the meeting if it was taken forward.

The Legal Officer intervened “I have carefully checked the amendment proposed and I have the legislation infront of me, it is specifically requesting intervention of the Welsh Assembly Government*, I can advise the meeting there is no provision for that in the legislation” adding, ‘intervention is not a legal position’, and that it was a straight adopt or not adopt vote.

Cllr Davies commented further today on the LDP vote outcome: “In 2012 the Council’s leadership were instructed to have a second go after the prior LDP1 submission was found to be ‘unsound’ at examination. LDP2 was found to be ‘sound’ and that is the fundamental difference that we are now faced with.

“LDP2 is far from perfect – what plan would be after nine years in the making? Much of the evidence is a snapshot-in-time, with the ‘rationale’ of that evidence-base being rigorously challenged and tested throughout the examination process.

“Councils’ work continues at pace following the adoption of an LDP. It does not stop, as the local need and priorities of an area can change during the lifespan of the Plan.

“That knowledge should not deter any elected representative from the fact that it is completely within their gift to improve it. Some would go further by saying that it is their statutory duty.

“The Local Development Plan is underpinned by numerous Council Strategies and Policies. There is an urgency in Wrexham to ensure our policies meet the needs of our residents and communities.

“We have housing waiting lists now in excess of 4473 and our Housing Strategy must prioritise council housing to negate the national collapse of the private rental sector.

“Local planning guidance is out of date and we need to develop Supplementary Planning Guidance that is fit for purpose. Urgent work that cannot be properly undertaken without a Plan in place, ensuring the guidance provides the additional detail to explain how specific local planning policy should be interpreted and implemented.

“The guidance can also include Place Plans, a mechanism for communities to be involved in the creation of new aspects of planning policy that can seek to influence decisions at a local level – a much welcomed and real opportunity for co-production.

“So where are we now? Unfortunately for the residents of Wrexham, development – and everything that goes with that, including any potential strategic infrastructure investment – is still now in limbo and we are definitely swimming in unchartered waters regarding the question of lawful decision-making. No doubt those questions will be answered sometime soon but at what cost to the taxpayers of Wrexham, who are continually battling rising costs as a result of the cost-of-living crisis?

“Kicking the can down the road to others when the political leadership in Administration – and led by Cllr Mark Pritchard – find the job too difficult to do could be viewed as an abdication of responsibility. Finger pointing at Officers who are rightly not responsible for the strategic direction of the Council but there to advise and implement the policies of the Administration could be considered a deflection tactic at best, but deflection against what…. ineptitude or incompetence?”