BDW Trading Limited & Ors, R (on the application of) v Wrexham County Borough Council

BDW Trading Limited & Ors, R (on the application of) v Wrexham County Borough Council

The Council was under a statutory duty to adopt the LDP as modified following the inspector’s report; its refusal to do so was ultra vires and unlawful, as the statutory scheme imposed a duty, not a discretion, to adopt the plan.

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
15 March 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; both Council decisions quashed.
Legal Topics
Statutory Interpretation, Local Development Plans, Ultra Vires Acts, Judicial Review Procedure
Administrative Law Planning Law Local Government Law Statutory Interpretation Local Development Plans Ultra Vires Acts Judicial Review Procedure

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 (LDP) as modified following the inspector’s report
  2. 2 Whether the Council’s refusal to adopt the LDP was ultra vires or unlawful

Ratio Decidendi

The Council was under a statutory duty to adopt the LDP as modified following the inspector’s report; its refusal to do so was ultra vires and unlawful, as the statutory scheme imposed a duty, not a discretion, to adopt the plan.

Court Disposition

Claim allowed; both Council decisions quashed.

Orders

  • Both Council decisions refusing to adopt the LDP are quashed.
  • Matter remitted to the Council to reconsider and reach a decision in accordance with the judgment, i.e., to adopt the LDP as modified.