BDW Trading Ltd & Ors, R (On the Application Of) v Wrexham County Borough Council [2023] EWHC 3474 (Admin) (29 November 2023)

BDW Trading Ltd & Ors, R (On the Application Of) v Wrexham County Borough Council [2023] EWHC 3474 (Admin) (29 November 2023)

The Council had a statutory duty under section 67 of the Planning and Compulsory Purchase Act 2004 to adopt the Local Development Plan as modified following the inspector's recommendations; its refusal was ultra vires and unlawful.

Citation
[2023] EWHC 3474 (Admin)
Parties
Claimant: BDW Trading Limited; Claimant: Bloor Homes Limited; Claimant: Redrow Homes Limited; Claimant: Harworth Estates Investment Limited; Claimant: Russell Homes (UK) Limited; Claimant: Castle Green Homes Limited; Claimant: SG Estates Limited; Defendant: Wrexham County Borough Council
Jurisdiction
England and Wales
Judgment Date
29 November 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; both Council decisions quashed.
Legal Topics
Local Development Plan Adoption, Statutory Interpretation, Ultra Vires Decisions, Judicial Review Remedies
Administrative Law Planning Law Local Government Law Local Development Plan Adoption Statutory Interpretation Ultra Vires Decisions Judicial Review Remedies

Case Brief

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Parties

BDW Trading Limited

Claimant

Bloor Homes Limited

Claimant

Redrow Homes Limited

Claimant

Harworth Estates Investment Limited

Claimant

Russell Homes (UK) Limited

Claimant

Castle Green Homes Limited

Claimant

SG Estates Limited

Claimant

Wrexham County Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council was legally obliged to adopt the Local Development Plan as modified
  2. 2 Whether the Council's refusal to adopt the LDP was ultra vires and unlawful

Ratio Decidendi

The Council had a statutory duty under section 67 of the Planning and Compulsory Purchase Act 2004 to adopt the Local Development Plan as modified following the inspector's recommendations; its refusal was ultra vires and unlawful.

Court Disposition

Claim allowed; both Council decisions quashed.

Orders

  • Both Council decisions refusing to adopt the LDP are quashed.
  • Matter remitted to the Council for reconsideration in accordance with the judgment.