Jurisdiction(s):
United Kingdom

Court of Appeal confirms no duty on Welsh planning authorities to adopt inspector-recommended LDPs; adoption discretionary under PCPA 2004 s 67 (Jones v Wrexham CBC)

Published on: 20 January 2025

Published by a LexisNexis Planning expert

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Article summary

Jones v Wrexham County Borough Council and others [2024] EWCA Civ 1603

What is the legal background?

Under section 38(6) of the Planning and Compulsory Purchase Act 2004 (PCPA 2004), planning proposals are decided in line with the development plan unless other material factors suggest a different outcome. In Wales, the development plan covers the local development plan (LDP) for the area, alongside the National Development Framework and any strategic development plan. In England, it comprises local development plan documents (DPD) but excludes the National Planning Policy Framework. PCPA 2004, s 67 addresses how LDPs are adopted in Wales. It provides that a planning authority ‘may’ adopt an LDP if the examining inspector advises adoption, whether or not modifications are proposed. Comparable rules apply to adopting DPDs in England under PCPA 2004, s 20(7)–(7C). It was accepted before the Court of Appeal that planning authorities in England have a discretionary power to adopt a DPD where an inspector has recommended adoption. However, despite the similar statutory use of the word ‘may’, there was a dispute as to whether, in Wales, PCPA 2004, s 67 confers the same discretion or places a duty on...

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