Wrexham councillors may face jail if planning vote rejected

Councillors have been warned they could face prison if they do not vote to adopt a local development plan (LDP).

Developers brought a judicial review in November, claiming Wrexham councillors had acted unlawfully by twice refusing to adopt the plan.

The judge agreed and ordered the council to adopt it.

Wrexham council is the only local authority in Wales not to have adopted its plan, which is a Welsh government requirement.

An LDP sets out an authority's proposals for future land use.

Wrexham council last rejected an amended plan in June over worries about some sites identified for development of almost 8,000 homes, and the effect on the city's infrastructure.

On asking about the legal position of councillors voting at next Wednesday's full council meeting, Plaid Cymru member Carrie Harper was told councillors were "free" to vote how they chose.

But by declining to adopt the plan, councillors told there would be a breach of statutory duty.

"If councillors choose to vote against adopting the plan again then the statutory duty will be breached again," they were told.

They were also told that if the judge found the council in contempt of court, it could make an order against individual councillors: "If the court finds a defendant in contempt of court, the court may impose a period of imprisonment, a fine, confiscation of assets or other punishment permitted by law."

Ms Harper called the situation "an affront to democracy".

She said: "It effectively criminalises the democratic process doesn't it? To say 'you've got to vote but you've got to vote a certain way', that's not a free vote.

"And I think it highlights really fundamental problems with the planning system and the legislation that underpins that system here in Wales."

She insisted she would not be voting for the plan, adding: "I couldn't in good conscience do that knowing that will damage my community."

She said her colleagues would now be "under duress".

Mr Justice Eyre, who carried out the judicial review of the plan rejections in Cardiff on 29 November, said the court was "not concerned with the merits of any particular version of the LDP, with the wisdom or appropriateness of the LDP or the modifications".

He concluded the council had no power to decline the plan and only adopting it "would be in accordance with this judgement".

After the case Wrexham council was ordered to pay £100,000 legal costs to the claimants, as well as legal costs.

The council has also been approached for comment.

The Welsh government declined to comment because of ongoing legal proceedings.