Latest news with #UnitaryDevelopmentPlan
Leader Live
25-07-2025
- Politics
- Leader Live
Ombudsman clears Wrexham councillor who challenged LDP
The independent Ombudsman has ruled that Plaid Cymru group leader Cllr Marc Jones did not breach the Code of Conduct by jointly initiating legal proceedings in Wrexham Council's name with two other members of the council. As a result, it has ruled no further action should be taken. 'The overwhelming feeling is of relief after waiting for 20 months,' said Cllr Jones. 'This feels like the end of a chapter, even if it's not the end of the entire saga surrounding the Local Development Plan (LDP). We stood up for what we believed was the right thing for Wrexham communities and the right of councillors and local democracy to be heard. 'Others didn't feel the same way and tried every way possible to silence us. Ultimately it didn't work and the courts, police and now the Ombudsman have found in our favour. 'It's time to move on and get the LDP withdrawn so that we can ensure we have a plan going forward that works for Wrexham and its communities.' That could happen next Wednesday when an extraordinary meeting of Wrexham Council has been called to debate a notice of motion asking Welsh Government to formally withdraw the LDP. Related reading: The LDP is the strategic plan that outlines where development is appropriate within Wrexham County Borough. It was considered a statutory duty for all Welsh Council's to adopt an LDP until Cllr Jones led a challenge against Wrexham's plan. The opposition to the plan stemmed from what Cllr Jones called the 'excessive allocation of housing on greenfield sites'. That challenge went all the way to the UK Supreme Court who ruled that the authority did not have to adopt the LDP. Currently planning committee can still use the LDP as a guide when deciding applications, but if withdrawn it will fall back to the outdated Unitary Development Plan. During the legal battle, a complaint was made to the Ombudsman that Cllr Jones and his supporters had breached the code of conduct for councillors by beginning legal action on the council's behalf. However, the Ombudsman accepted the explanation that Cllr Jones had taken the action to 'uphold and defend the democratic decisions of the council in April and June 2023 to reject the LDP'. It also accepted that while acting outside the council's usual legal framework could be considered bringing the council into disrepute, stating: 'the factual context of the Member's conduct and subsequent series of events provides strong mitigating factors which must be duly considered when deciding whether further action is required, in the public interest. 'I have considered that the council's statutory officers were acting in good faith and on the external legal advice received at the time, did not take steps to uphold the council/members' decisions not to adopt the draft LDP. 'However, as confirmed by the more recent Court of Appeal decision instituted by the Member, it appears that the officers' position, that the members were obliged to adopt the draft LDP, was based on an incorrect interpretation of the law. 'The crowdfunding campaign established to take further legal challenges against the adoption of the draft LDP received strong public support. Because of this, I have concluded that any impact on the public's perception of the member's conduct – and accordingly the public interest factors and considerations relevant to this complaint – significantly changed during the course of the investigation. 'For these reasons, I do not believe that any further action is required in the public interest.' Cllr Jones said the decision drew a line under the debate and added he wanted to move beyond the legal argument. 'People don't want urban sprawl,' said Cllr Jones. 'They don't want huge super-estates with no community facilities, they want improved public services, genuinely affordable homes, better transport links and the focus of any developments to be on derelict land and empty properties. 'That's the focus for me now – looking forward to improve Wrexham rather than looking back in anger.'
Leader Live
06-05-2025
- Politics
- Leader Live
Welsh Government deal will preserve Wrexham planning powers
After winning its Supreme Court battle with the Welsh Government over the adoption of the Local Development Plan (LDP), the authority was supposed to fall back on the old Unitary Development Plan(UDP). This meant planning officers and councillors would still have the legal right to refuse applications and enforce statutory obligations like the provision of play areas, shops and schools in larger residential developments. But next week the Senedd will debate the Legislation (Procedure, Publication and Repeals) (Wales) Bill. Among the proposals in the bill is the scrapping of all existing, out-of-date UDPs. In Wrexham, where there is no valid LDP, that would mean no adopted legal framework for the county borough. That could create a planning free-for-all, forcing the council to justify every individual planning refusal based on 'material planning considerations'. After talks with the Welsh Government however, Wrexham Council leader Cllr Mark Pritchard says an agreement has been reached to avoid this potentially chaotic situation. "There's been a commitment from the Welsh Government that that won't happen," he said. "There'll be an amendment to the upcoming legislation which will allow the UDP in Wrexham to stand. "I'd like to thank the Welsh Government for taking a common sense approach. It tells me that they're genuinely working with us, not against us. I do believe there is a way forward here for the betterment of Wrexham." Last month the Welsh Government finally dropped its legal challenge to Wrexham Council's refusal to adopt the new LDP having been through the High Court, Court of Appeal and Supreme Court. Read more: "Landmark decision" as councillors win court appeal over Wrexham's LDP 'Wrexham remains the only Local Authority not to have an LDP' Welsh Government urged to work with council after LDP left 'dead in the water' Councillors who opposed the LDP, led by Plaid Cymru Cllr Marc Jones, were victorious but the result forced Wrexham to fall back temporarily on it's older, outdated UDP. A replacement plan has still not been agreed. "We're hoping to work in true partnership with Welsh Government to resolve the issue," he said. "I felt I was pushed into a corner by what went on here, I was very uncomfortable with it but we have to move on. "I'm just disappointed that we had to go through all that because it was very painful. "I put a lot on the line here - if we had lost, I'd have had to step down. It became about more than the LDP, it became about democracy, freedom of speech and what we can say in that chamber. "I pushed it only as much as I felt we needed to. Look at the standards on the wall of the council chamber. The Dunkirk standards are there. As we mark 80 years since VE Day, people from Wrexham and across this country - across the world - lost their lives for me and anybody in every chamber to have freedom of speech and freedom to exercise democratic process. "You can't be threatened that you will go to jail or that there will be legal prosecutions or a cost put against your house for exercising your right as an elected member to vote. You have three options - to support, to vote against or to abstain. "But I'm a realist, we now have to find a solution and we will find a solution. I do believe the Welsh Government are prepared to work with us and work alongside us and that's good news for me. Those dark days are behind us."
Wales Online
06-05-2025
- Politics
- Wales Online
Wrexham agrees 'common sense' plan with Welsh government after LDP battle
Wrexham agrees 'common sense' plan with Welsh government after LDP battle The council previously won its Supreme Court battle with the Welsh Government over the adoption of the Local Development Plan (LDP) Wrexham Council leader Cllr Mark Pritchard (Image: Local Democracy Reporting Service ) Wrexham Council has reached an agreement with the Welsh Government to dodge planning turmoil. The council, following its win in the Supreme Court clash over the implementation of the Local Development Plan (LDP), was due to revert to the outdated Unitary Development Plan (UDP), enabling planning officials and councillors to retain their authority to deny applications and fulfil obligations tied to large housing projects such as delivering playgrounds, shops, and schools. However, there's a legislative twist on the horizon as next week will see the Senedd deliberate over the Legislation (Procedure, Publication and Repeals) (Wales) Bill, which contemplates axing all antiquated UDPs. For Wrexham, without a standing LDP, this would obliterate any formal legal structure for overseeing development, which could lead to widespread planning disorder and compel the council to substantiate every solitary planning rejection on the grounds of 'material planning considerations'. Cllr Mark Pritchard, leader of Wrexham Council, said a compromise has been reached. "There's been a commitment from the Welsh Government that that won't happen," he said. Article continues below "There'll be an amendment to the upcoming legislation which will allow the UDP in Wrexham to stand." In expressing his gratitude for the Welsh Government's recent actions, the councillor stated: "I'd like to thank the Welsh Government for taking a common sense approach. It tells me that they're genuinely working with us, not against us. I do believe there is a way forward here for the betterment of Wrexham." Following a legal fight that escalated through the High Court, Court of Appeal and Supreme Court, last month the Welsh Government ultimately relinquished its legal challenge to Wrexham Council's rejection of the new Local Development Plan (LDP). However, this victory for LDP opponents, including Plaid Cymru Cllr Marc Jones, meant reverting temporarily to the older, superseded Unitary Development Plan (UDP), as a new, agreeable plan has yet to be ratified. Cllr Jones emphasised the objective of collaborating closely with the Welsh Government, noting: "We're hoping to work in true partnership with Welsh Government to resolve the issue," He also reflected on his personal experience, saying, "I felt I was pushed into a corner by what went on here, I was very uncomfortable with it but we have to move on." The councillor recounted the emotional toll of the dispute: "I'm just disappointed that we had to go through all that because it was very painful." He highlighted the drastic implications the situation held for him personally: "I put a lot on the line here – if we had lost, I'd have had to step down. It became about more than the LDP, it became about democracy, freedom of speech and what we can say in that chamber." Cllr Jones touched on the principle of upholding democratic standards, concluding with a historical perspective: "I pushed it only as much as I felt we needed to. Look at the standards on the wall of the council chamber. The Dunkirk standards are there. As we mark 80 years since VE Day, people from Wrexham and across this country – across the world – lost their lives for me and anybody in every chamber to have freedom of speech and freedom to exercise democratic process. "You can't be threatened that you will go to jail or that there will be legal prosecutions or a cost put against your house for exercising your right as an elected member to vote. You have three options – to support, to vote against or to abstain. Article continues below "But I'm a realist, we now have to find a solution and we will find a solution. I do believe the Welsh Government are prepared to work with us and work alongside us and that's good news for me. Those dark days are behind us."
