LDP set for Judicial Review as councillors vote not to adopt it for a second time

Wrexham councillors have again voted not to adopt the Local Development Plan, with a stronger vote against this time around.

The development plan would formally allocate land across Wrexham where it is likely several thousand new houses could be built along with preferred sites across the county borough for retail and employment developments. ‌ ​‌‌‌‌​​

As we have long documented several issues with the plan have been raised, however it has been declared ‘sound’ by the appointed Inspector.

In April councillors voted not to adopt the plan 23 v 27, a move that has triggered a threat of a full Judicial Review. Due to that, today’s meeting saw a full re-run of the vote, however with a warning that the legal threat exists and associated problems that then creates for the council.

In an uncomfortably hot Guildhall chamber Mayor Andy Williams laid the law down, pointing to his 5 minute speech rule and asked councillors to “please respect each other” with no ‘personal attacks’, and to “think about what you say before you say it to avoid offending others”. Mayor Williams also noted that votes on the Zoom screen for councillors joining virtually would be counted first ‘so we don’t lose any votes’ – an issue that has been bubbling away for several months.

The Council’s Legal Officer opened the debate giving councillors a long narrative of how Wrexham Council arrived at a re-run of the LDP vote, including noting it had been declared ‘sound’, all information that was presented to councillors in the reports before them.

A new piece of information was claims that the meeting was ‘is premature and why don’t we wait for the outcome of those judicial review proceedings’, although no reference was made in public to who was making those claims and with what basis. The Legal Officer told councillors “there are strict time limits to comply with in relation to the proceedings I must act to minimise the legal costs for the council as far as possible.”

Another extra piece of information, saying, “The law is set out the Council must adopt the LDP within eight weeks of receipt unless otherwise agreed in writing by Welsh Ministers. Let’s be absolutely clear this afternoon. The Welsh Ministers have not agreed otherwise in writing. The clear message from the minister in their letter received last week was the Council must adopt the LDP.”

Chief Executive Ian Bancroft told councillors it was not a re-run of the LDP decision, but “a decision based on the additional advice provided to you about the judicial review, the independent legal advice, and the potential associated costs implications. ”

The Legal Officer also clarified some questions on the all councillor email list, “No councillor is going to prison or getting a criminal conviction resulting from voting no this afternoon, as it is actually a civil case.”

Cllr Morris moved the adoption of the LDP, and in his speech noted that ‘individual surcharges’ to councillors had been removed from law, but councillors could face the prospect of Ombudsman sanction if they “wilfully disregarded” advice. Cllr Phil Wynn seconded the adoption of the LDP, noting his concern of cost implications of a judicial review, and wanted to act like a city with ‘controlled’ development.

Cllr Stella Matthews said, “I cannot put this council in an impossible position, into a difficult legal position with the incurred costs. The advice from the legal officer is clear. I trust members will respect this and uphold the rule of law, and protect this council.”

Cllr Marc Jones said, “The legal officer has reinforced the idea this is a democratic vote, that we can choose. Thank you to Cllr Morris for stating 2018 was the time to make a stand, people will be aware that Plaid Cymru has been making a standard since 2012.”

“We have a role as councillors to challenge and call out poor decisions and that includes when we believe that the law is an ass. Laws can be changed, because they are not fit for purpose. I would say we have a duty to challenge this particular law, because it’s not working for the people of Wrexham”

Cllr Jones made a wider point on local democracy questioning if he would encourage people to stand for council again if the LDP was adopted, “Democracy is being challenged so blatantly by people with very deep pockets.”

Cllr Harper picked on the comment about councillors told they would not go to prison, calling it an ‘amazing statement’. Cllr Harper noted the the ‘wrong’ and ‘inaccurate’ population predictions that was part of the evidence base of the LDP, saying Welsh Government ‘were dodging accountability’ adding, “fundamentally it is undemocratic to force thousands of houses on Wrexham against the wishes of local people, and the majority of their elected representatives.”

Cllr Rob Walsh made a plea to lawmakers and wanted process changed, “We should not be put in this position again. We had a vote in April. If we acted unlawfully this plan should be imposed on us. We are being effectively told we could be in breech of the code of conduct if we vote against it. It sets a dangerous precedent if councillors have to vote a certain way.”

Cllr Robert Ian Williams opened calling himself a ‘strong unionist’, added he agreed with Plaid Cymru, “I am 100% with them. Marc Jones and Carrie Harper spoke eloquently. This plan will be injurious to our town. We are being told we can have a democratic vote, but if I voted against I am going to put the council in an invidious position.” He added, to applause, that ‘the director of Redrow will not dictate to me’ saying it was about democracy instead.

Cllr Dana Davies opened her speech stating Welsh Government was unable to ‘pull’ the plan from the council. Cllr Davies branded the vote before councillors as ‘the most serious challenge since the council was formed’.

Cllr Davies pointed the unlawful decision v democracy debate, adding she agreed with democratic processes being upheld, “You are applying the principles of democracy, of which the key principle of democracy is to uphold the law.”

As Labour Group leader she added they had “made a collective decision to place a whip on ourselves due to seriousness” of the question before them, adding “we are not hiding from this difficult and serious decision. We will not cast our vote unlawfully.”

Cllr Paul Rogers pointed out his unique view on the debate as he was not a councillor last time it came to the chamber due to suspension, and he could see the pressure on councillors, adding he felt it was an attempt to “railroad through this disastrous plan” that would “have a devastating impact upon our city”.

Cllr Hugh Jones pointed to the Future Wales 2040 plan from Welsh Government, which states a plan for around 16,000 new houses across North Wales with 53% affordable homes, with Cllr Jones contrasting that with 8,000 assigned for Wrexham in the LDP before them. Cllr Jones said “We are defending the Welsh Government’s own plan” , “This plan is not fit for purpose, it is not consistent with the current legislation of Welsh Government.”

A slightly garbled Cllr Malcolm King told councillors, “You should have done something about this in 2018, rather than putting forward a plan you don’t like.”

Cllr King referred to changing bad laws points previously made, saying “Changing laws like slavery is honourable, but breaking them is a different thing and has consequences” later adding how can we maintain our position as law enforcers, when breaking the law when we dont like it”.

Council Leader Mark Pritchard pointed back to 2018’s decision, “A lot has been said when we put it on deposit that we supported it – no one said we supported the plan. We supported it going out to examination.”

“There is democracy and there is the law. We must respect them both. It is like game of Monpoloy, ‘you go to jail’. There is no policeman out there to take us away in handcuffs. We are doing nothing wrong.

“It is a local development plan. It is not a Cardiff plan, it is not a developers plan, it is our plan. We vote on it.”

“We should never have to come into this chamber and feel intimidated. Were we told there could be a Judicial Review? Yes. We were told there was a cost? Yes. We knew all that.”

To applause he added, “Democracy overrides everything. Democracy is the most important thing. Use your vote for the people you represent.

Cllr Bryan Apsley “This plan was known to have a lot of weakness in 2018, we could have pulled the plan anytime before the report came out. We did not. Democracy allowed 52 councillors to speak at the public examination meetings. Basically the attendances were abysmal, and little sign of protest”, adding he had been at meetings with a ‘room full of developers’ and just two objectors.

Cllr Apsley favoured voting to adopt the plan, and ‘moving forward’ and ‘working together’ as the next plan was only a few years away.

The Legal Officer said the council ‘was past the point’ of Welsh Government intervention, and also noted that possible individual code of conduct cases were possible and no guarantees could be given they would not occur due to the nature of that process as anyone could start a complaint, and on another point noted “we all have a duty collectively dealing with public money and ensuring that we use that money correctly in all circumstances”.

The meeting moved to a roll call named vote, with the voting ending 24 v 30 (previously in April 23 v 27)

In the roll call vote it appears Cllr Gary Brown moved to vote For the LDP, with four new votes – against – from Cllrs Hugh Jones , Tina Mannering , Paul Rogers
and Kate Wilkinson

FOR
Bryan Apsley,
David A Bithell,
Paul Blackwell,
Brian Cameron,
Krista Childs,
Dana Davies,
Frank Hemmings,
Corin Jarvis,
Steve Joe Jones,
Malcolm King,
Stella Matthews,
John McCusker,
M G Morris,
Jeremy Newton,
John Phillips,
John Pritchard,
Fred Roberts,
Graham Rogers,
Alison Tynan,
Anthony Wedlake,
Jerry Wellens,
Derek Wright
Phil Wynn ​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​
Gary Brown

AGAINST
Hugh Jones
Tina Mannering
Paul Rogers
Kate Wilkinson

William Baldwin,
Trevor Bates,
Beryl Blackmore,
Annette Davies,
Mike Davies
Terry Evans
Andy Gallanders
Carrie Harper
Emma Holland
Peter Howell
Jon Jolley
Marc Jones
Jeremy Kent
Claire Lovett
Becca Martin
Beverley Parry-Jones
Paul Pemberton
Ronnie Prince
Mark Pritchard
Rondo Roberts
Ross Shepherd
Debbie Wallice
Rob Walsh
Andy Williams
Nigel Williams
Roberts Ian Williams ​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

ABSTAIN
Paul Roberts

Top pic: Costa Del Guildhall