Councillors will defend 600-home planning appeal after ignoring officers’ advice

Alec Doyle, local democracy reporter

Wrexham Council will defend its opposition to plans for 600 homes on land south of Holt Road against the advice of planning officers.

The application is due to go to appeal on September 29 but at a meeting of Wrexham County Borough Council’s Planning Committee on Monday, senior planning officer Matthew Phillips said no-one within the council’s planning department could represent the council in front of Planning and Environment Decisions Wales inspectors.

Planning consultants

What’s more the council has so far approached six independent planning consultants to support councillors with the defence, none of whom have been willing to take on the task with eight days to go until the authority has to confirm its representatives for the appeal.

“I would be in a difficult position defending that as it would go contrary to the Royal Town Planning Institute’s professional charter which says officers shouldn’t try to defend a position contrary to their professional recommendation in an inquiry,” he said.

When the application originally came before the council there were three reasons it was refused – the site being outside the settlement boundary and within the green barrier as detailed in Wrexham’s now outdated Unitary Development Plan (UDP), the loss of best and most versatile (BMV) agricultural land and concerns about health infrastructure and capacity.

When the Local Development Plan was adopted those reasons for refusal were withdrawn as the land became allocated within the LDP.

Now the LDP has become unadopted following a long legal battle, councillors have restored two of the three reasons for refusal – relating to the green barrier and the BMV land.

Costs

But councillors raised concerns at planning committee that the arguments were weak and could end up with costs being awarded at appeal – leaving Wrexham’s council taxpayers footing the bill.

Labour group leader Cllr Dana Davies said: “It’s going to be difficult to defend an appeal that is potentially against professional advice. It’s concerning that we’ve approached six consultants and six consultants won’t go near it – they’ve either said no or will not discuss it with us.

“Our development plan accords with Future Wales – so there’s a weak argument for defending the appeal. The housing need in the UDP has been built out – that’s a weakness.

“The green wedge argument could be overruled by Planning Policy Wales and our own strategic green wedge review in October 2017. Regardless of the LDP that evidence is still there so that’s a weakness.

“It looks as though we haven’t got any sound basis to defend. The evidence is that the sustainability appraisal and the site selection process is robust. Even if the LDP is withdrawn that’s the evidence the inspector will look through as a material consideration.

“I’m really concerned and I’m looking for assurance that the taxpayers are not going to pick up the bill for this.”

Mr Phillips agreed: “In terms of an officer view of whether we have strong grounds for an appeal, I don’t think we do.

“My personal view is that we would be in a very difficult position to defend the appeal. There would be a risk of costs. Quite how great that would be – as we’re in uncharted waters – I don’t know.

“I am confident the planning inspector will consider the UDP out of date because it is, they will reference the LDP is sound and the inspector will want evidence as to what trumps the LDP. I don’t think we have evidence to robustly put a case forward.”

Concerning

Plaid Cymru group leader Cllr Marc Jones has been one of the leading voices in the LDP saga.

“If we make a decision and consultants for whatever reason, whether they have a conflict of interest or they’re afraid to be seen to be taking this on, that’s hugely concerning to me,” he said.

“The LDP was forced on this council by a high court action from developers including those who would directly benefit from this appeal. By failing to contest this appeal we would be showing contempt for those court decisions, contempt for two full council meetings and contempt for the people of Wrexham.

“Councillors here have seen the legal opinion of the barrister who won in the court of appeal – he suggests we do not need to give weight to the LDP. The council’s own barrister also accepts it’s for us – councillors – to decide whether we give any weight to the LDP.

If we accept the officer’s recommendation we will effectively not be defending our original decision. That would increase the likelihood of the 600 homes being permitted and provides a precedent to ignore the court order and permit other large housing schemes allocated under the LDP.”

Those schemes include another 900 homes that are planned for land adjacent to the Holt Road development.

The committee agreed to nominate Cllr Marc Jones to represent the authority at the appeal. Planning officers agreed to support him in building his case and will continue to seek a planning consultant willing to represent the council before the deadline of Wednesday, August 6.