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The Court of Appeal has handed down judgment in Marc Jones v (1) Wrexham County BC, (2) Welsh Ministers and Ors [2024] EWCA Civ 1603.
In 2023, a group of developers brought judicial review proceedings against the decision of Wrexham Council not to adopt its local development plan following a recommendation of adoption from an inspector.
The High Court ruled that the council was required to adopt its plan in such circumstances. And as was widely reported in the press, councillors were warned by officers that they could face prison if they voted against adoption.
The appellant, who is the leader of Plaid Cymru on the council, was granted permission to appeal against the High Court’s judgment. He was supported in the appeal by the leader of the council.
Allowing the appeal, the Court of Appeal held that the High Court was wrong to conclude that local authorities in Wales have no discretion as to whether to adopt their plan.
The judgment provides important guidance about the plan-making and government intervention provisions in the Planning and Compulsory Purchase Act 2004 in England and Wales.
A copy of the judgment is available here.
Andrew Parkinson and Barney McCay appeared for the appellant (instructed by Richard Buxton Solicitors).
Timothy Corner KC appeared for the Welsh Ministers (instructed by the Welsh Government).
