The case to challenge Wrexham Council's vote to adopt its Local Development Plan has taken "a very significant step forward", according to councillors opposed to the plan.
In a ruling published this week, The Rt. Hon. Lord Justice Lewison has ruled that the case can go forward to the Court of Appeal, adding: "I am satisfied that, for the reasons stated in the Grounds of Appeal the proposed appeal has a real prospect of success and raises an important point of principle."
The councillors, who are funding the legal challenge through a crowdfunder appeal, represent the majority of Wrexham elected representatives who opposed the Local Development Plan (LDP). They said: "The judge's ruling on allowing the case to go forward represents a very significant development.
"It recognises that there is a significant public interest in councillors being forced, upon threat of imprisonment or fines, to adopt a plan that they had voted against twice because they believed it was not in the best interests of the people they represent. Equally important is his statement that he believes we have a real prospect of success."
In January and April 2023, a majority of Wrexham councillors voted against their own LDP. This led to a consortium of seven large housing developers going to court to challenge that ruling. Judge Eyre in November 2023 quashed the two previous votes and instructed councillors to vote for the plan. Councillors were then warned that failure to do so would result in a contempt of court that could lead to fines or imprisonment. Some of those developers are among those seeking to build large-scale housing estates on the outskirts of Wrexham.
The councillors added: "This is the people's democratic representatives taking on unelected powerful interests. It has not been done lightly - it comes at significant personal risk and cost. There have been attempts to silence us with police and Ombudsman investigations as well as threats in the council chamber about jail.
"We hope that the legal action can take place as quickly as possible because there's a real risk that developers will aim to rush through planning applications on key strategic sites that amount to an extra 3,200 homes that would be built on two super-estates either side of Wrexham - on the Ruthin Road and on the Cefn Road. It also impacts on protecting green wedges between communities."
Councillors said they were taking legal advice on whether the council should defer any further planning decisions related to the LDP in light of the Court of Appeal ruling:
"Legal action is an expensive, but necessary, business. The implications of losing this action are profound for people's democratic rights and the outcome of the court decision is being monitored closely by other campaigners throughout Wales and England. If anyone is willing to help us to fight this important legal battle, please contribute to our crowdfunder here: Wrexham councillors threatened with jail for fighting for democracy (crowdjustice.com)
Rt Hon Lord Justice Lewison's ruling:
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