Jones v Wrexham County Borough Council

Subject Matter

PLANNING — Local plan — Adoption — Local planning authority submitting local development plan for independent examination — Local planning authority refusing to follow inspectors’ recommendation for adoption of plan with modifications — Whether local planning authority having conditional power to adopt local development plan — Planning and Compulsory Purchase Act 2004 (c 5), s 67(1)(2) — Town and Country Planning (Local Development Plan) (Wales) Regulations 2005 (SI 2005/2839), reg 25(1)

[2024] EWCA Civ 1603; [2025] PTSR 1009; [2025] WLR(D) 66, CA

PLANNING — Local plan — Adoption — Local planning authority resolving not to adopt local development plan contrary to recommendation of inspectors — Authority’s decisions quashed following successful claim for judicial review — Judge directing that adoption of plan as recommended by inspectors only possible lawful course — Whether authority having discretion whether to adopt local development plan recommended by inspectors — Planning and Compulsory Purchase Act 2004 (c 5), ss 64(7), 67(1)(2) — Town and Country Planning (Local Development Plan) (Wales) Regulations 2005 (SI 2005/2839), reg 25(1)

[2024] EWCA Civ 1603; [2025] PTSR 1009; [2025] WLR(D) 66, CA

Appellate History

Commentary

Local Government Lawyer
Wrexham councillor wins appeal over High Court ruling which led to warnings it would be contempt if members of local authority did not adopt local plan Case comment