Decision details

The report of the Head of Regulation and Economic Development regarding the possible legal challenge to the decision to grant planning permission to the Alaw Môn Solar Farm was presented for the Executive’s consideration.

The Leader of the Council said that the full Isle of Anglesey County Council meeting held on 25 September 2025 considered that a Legal Challenge should be undertaken to the decision by Welsh Government to approve the planning permission to the Alaw Môn Solar Farm.  He noted that the Council challenged the decision to permit the application as the Council expressed concerns throughout the planning process. 

The Head of Regulation and Economic Development said that considerable work has been undertaken as to whether there is a prospect of challenging the decision.  The Council has reviewed the Opinion of Specialist Counsel on the merits of submitting a legal challenge in the High Court.  Counsel considers that there is a strong prospect of successfully challenging the grant of permission. 

It was RESOLVED to :-

·         instruct Officers to proceed with a challenge to the granting of DNS application (Ref. DNS-3274702) by the Welsh Ministers under s.288 of the Town and Country Planning Act (s.288(4) and s.284(3)(aa) TCPA 1990);

·         authorise release of funding to pursue this challenge within the authority afforded them in the 2025/2026 Council Budget and subject to the ongoing monitoring and support of the Director of Function (Resources)/Section 151 Officer;

·         with prior agreement of the Council Chair, to exclude the right of the Scrutiny Committee to call-in this decision.  Delaying the decision to allow a call-in period by the Scrutiny Committee would be detrimental as the legal challenge must be made to the High Court by no later than 7 October, 2025.