Councillors adopt local plan in face of contempt of court warning from monitoring officer

Wrexham County Borough Council has adopted its local development plan (LDP) following a warning from its monitoring officer that councillors could face prison if they defied a court order to approve the plan.

The decision came during an extraordinary council meeting on Wednesday (21 December), in which councillors considered recommendations made by the local authority's monitoring officer, Linda Roberts, that urged them to comply with a court order by Mr Justice Eyre.

Roberts informed councillors that the judge could find the council in contempt of court if it disobeyed the order and that "as individual votes will be available ... then the court could make an order against those individuals".

The court may impose imprisonment, a fine, confiscation of assets or other punishments, her report added.

During the extraordinary meeting, Roberts told councillors that: "We collectively as officers and councillors have a duty to uphold the law and democracy is not above the law, as demonstrated by the court order made against this council."

Amid an hour-long discussion on the decision, the council's leader, Cllr Mark Pritchard, said he believed "democracy is under threat in Wrexham" before abstaining from voting on the report.

"Nobody should come in this chamber being told how to vote, or intimidation or concerns or worries or threats," he added.

Responding to Cllr Pritchard's comments, Cllr Jerry Wellens said: "There is a difference between pointing out the potential consequences of actions and actually threatening – and I think that's an important distinction because ... we need information on which to be able to base our decisions."

Councillors went on to adopt the recommendations with 26 votes and 11 abstentions.

Seven Plaid Cymru councillors walked out of the chamber ahead of the vote in protest, according to the BBC.

Eyre J made the order on 29 November as part of judicial review proceedings that were brought by a group of developers after the council twice rejected the LDP despite it having been deemed sound by a planning inspector and recommended by officers.

The judge found that the council's initial resolutions not to adopt were ultra vires and/or irrational on the basis of a mistaken belief in the existence of a discretion.

He also concluded that the council breached its statutory duty by declining to adopt.

Adam Carey