Councillors secure permission to appeal court order that forced them to adopt local plan

Councillors at Wrexham County Borough Council have obtained permission to appeal a High Court order which forced the local authority to adopt a local development plan (LDP) that councillors had previously voted against on two separate occasions.

The Court of Appeal will hear the appeal against Mr Justice Eyre's order in a hearing on 15 October 2024, it has emerged.

Councillors had previously refused to adopt the LDP on two separate occasions in late 2023, leading to developers pursuing a judicial review challenge.

Eyre J ultimately ordered the council to hold an extraordinary meeting to adopt the plan in December 2023 as part of the judicial review proceedings.

Councillors adopted the local plan that same month, following a warning from Wrexham's monitoring officer, Linda Roberts, that they could face contempt of court charges and a prison sentence if they defied the court order.

But the group of councillors behind the appeal claim the circumstances "undermined democracy".

In a statement on their Crowd Justice page, the group said: "The LDP, as it stands, is not in the best interests of Wrexham and its people.

"That's why we're seeking to challenge this fundamentally unfair and undemocratic situation via a court review of the council's decision to adopt the plan by bringing proceedings through the planning court."

The claimant councillors are being advised by Richard Buxton Solicitors.

The group has raised more than £9,000, exceeding its initial funding goal of £6,500.

As a result of the permission for appeal, the LDP was paused until the hearing is concluded.

The Court of Appeal's judgment may also be significant as it could see Wrexham recoup £100,000 costs awarded against it by Eyre J, the group added.

The council failed to attend court and did not contest the costs award made by the High Court judge.

Wrexham County Borough Council has been approached for comment.

Adam Carey