Welsh Government pursues appeal to Supreme Court in case which led to warnings it would be contempt if members of local authority did not adopt local plan

The Welsh Government has applied to the Supreme Court to appeal a Court of Appeal decision that found Wrexham Borough Council did not have to adopt its local development plan (LDP) despite a High Court judge previously saying otherwise.

Mr Justice Eyre issued an order that the council adopt its LDP in November 2024 following judicial review proceedings that were brought by a group of developers after the council twice rejected the LDP.

Eyre J found that the council's initial resolutions not to adopt the plan – which had been deemed sound by a planning inspector and recommended by officers – were ultra vires and/or irrational on the basis of a mistaken belief in the existence of a discretion.

He also concluded that the council breached its statutory duty by declining to adopt.

In an extraordinary meeting following the High Court judgment, the council's monitoring officer warned members that they could face prison sentences if they defied the High Court order.

Councillors went on to adopt the LDP. However, Plaid Cymru leader, Cllr Marc Jones, later appealed against Eyre J's ruling.

Lord Justice Holgate concluded at the Court of Appeal that the Planning and Compulsory Purchase Act 2004 "does not impose a duty on a local planning authority in Wales to adopt a local development plan".

Holgate LJ also found that the resolutions passed by the council in April and June 2023 not to adopt the plan were "not unlawful".

The Welsh Government has now confirmed that it will appeal the Court of Appeal's finding.

Plaid Cymru councillor, Carrie Harper, said she was "astounded" by news of the Welsh Government's appeal.

In a post on social media, she said: "When Wrexham councillors said 'no we won't vote to adopt this plan', we were threatened with jail and we were told we had to vote for it.

"So councillors in Wrexham then had to take our own council, the Welsh Ministers and those developers to the Court of Appeal to uphold the principle that councillors shouldn't be told how to vote, or be threatened with jail for voting."

She added: "Welsh Labour ministers are now trying to reverse [the Court of Appeal] decision, so they're actively now trying to take away the democratic rights of councillors in Wales, which have just been upheld by three appeal court judges."

It is not yet known which grounds the Welsh Government aims to advance.

Adam Carey