· To receive the following Notice of Motion by Councillor Aled M Jones: -
“Anglesey Independents call on Anglesey County Council to seek a judicial review of the decision by The Welsh Government to allow planning permission to the Alaw Môn, Solar Farm development.
This proposed development has caused a great deal of concern in our communities and we as a County Council must seek all possible means to challenge this decision.”
· To receive the following Notice of Motion by Councillor Gary Pritchard: -
“The Council expresses its disappointment and frustration in the Welsh Government’s decision to permit the Alaw Môn solar farm development contrary to its policies on the use of best and most versatile agricultural land.
The Council is asked to investigate every possible option, including legal options, to challenge the decision.”
Minutes:
• Submitted a Notice of Motion by Councillor Aled M Jones:-
‘Anglesey Independents call on Anglesey County Council to seek a judicial review of the decision by the Welsh Government to allow planning permission to the Alaw Môn, Sola Farm development.
This proposed development has caused a great deal of concern in our communities and we as a County Council must seek all possible means to challenge this decision’.
Councillor Kenneth P Hughes seconded the motion.
Councillor Hughes said that there are immense concerns that the decision to approve the Alaw Môn Solar Farm by Welsh Government and not allowing the County Council to make such a decision. He expressed strongly that the Council needs to apply for a Judicial Review of the decision taken by Welsh Government and hopefully overturn the decision. The Island already generates enough energy for the whole of Wales and good agricultural land should not be used for solar farm developments. He further said that Cadw Tir Môn has asked through email that if the Council is unable to apply for judicial review that financial assistance be afforded to help the Community Group to pursue a judicial review of the decision.
• Submitted a Notice of Motion by Councillor Gary Pritchard: -
‘The Council expresses its disappointment and frustration in the Welsh Government’s decision to permit the Alaw Môn Solar Farm development contrary to its policies on the use of best and most versatile agricultural land.
The Council is asked to investigate every possible option, including legal options, to challenge the decision.’
The Leader of the Council, Councillor Gary Pritchard said that he would withdraw his Notice of Motion, subject to an amendment as there is unity agree by the political groups to the frustration and disappointment that Welsh Government’s decision has been to approve the Alaw Môn Solar Farm. He noted that Welsh Government have ignored their own policies on the use of good agricultural land and this Council has expressed objection from the start of this development.
The Leader outlined his amendment to the Motion by Councillor Aled M Jones as follows: -
• ‘The Council expresses its disappointment and frustration in the Welsh
Government’s decision to permit the Alaw Môn Solar Farm development
contrary to its policies on the use of best and most versatile agricultural
land;
• The proposed development has caused a great deal of concern in our
communities as well as creating real concerns regarding future food
security;
• The Council is asked to investigate every possible option, including seeking
a Judicial Review, to challenge this decision as well as seeking to work
alongside other Community Groups who are working towards a similar goal;
Councillor Jeff Evans seconded the amendment to the Motion.
The Director of Function (Council Business)/Monitoring Officer advised that the amendment to the Motion is appropriate and a vote was undertaken. 28 Members voted in favour of the amendment to the motion, and 3 Members abstained.
Councillor Ieuan Williams, on behalf of the Independent Group, said that the Council needs to challenge the decision by Welsh Government to approve the Alaw Môn Solar Farm.
Councillor Llio Angharad Owen said that this solar farm development has raised considerable opposition in the community she represents and across the Island. She noted that she has taken part in protest against the development of solar farm which harms nature and the agricultural future of Anglesey. She said that the decision by Welsh Government to approve the Alaw Môn Solar Farm was disappointing as they are ignoring their own policies. Whilst accepting that there is a need for sustainable and clean energy for the future, the Island will not benefit from the development, and the Council needs to challenge the decision by Welsh Government.
Councillor Jackie Lewis reiterated the comments of her fellow local members and thanked those who have campaigned against the development in the local communities together with the support of the Member of Parliament and the Assembly Member for Anglesey. She expressed that Welsh Government has ignored the people of Anglesey who are against this development.
Councillor Robert Ll Jones said that he would be voting against the amendment to the Motion as he considered that there is a need to reduce the carbon footprint and such development should be supported. He expressed that solar grazing minimizes carbon emissions and promotes biodiversity. He further said that sheep farmers across the World have expressed that allowing animals to graze under the solar panels improves productivity and increases their income as farmers.
Councillor Derek Owen said that there are concerns as regards to possible damage to Llyn Alaw who serves over 30,000 people with water supply. He questioned whether the promotion of Energy Island should be disregarded, and priority should be given to developing the Wylfa site. He said that energy companies consider that the Island will take any development such as solar farms in place of the development of Wylfa. Councillor Owen further said that young people are having to leave the Island for work and there is an effect on the Welsh language. The loss of 650 acres of good agricultural land at the Alaw Môn site will have a dire effect on food production and the development needs to be refused. He questioned whether Legal Advice has been sought by the Council to challenging this decision.
The Chief Executive responded that the Energy Island Programme was established to support projects that have economic benefits for local communities. The Alaw Môn Solar Farm has no economic benefits for the Island. He noted that the Council responded in November 2019 to the consultation on Welsh Government’s National Development Framework and he read out a paragraph from the correspondence which stated that ‘the Council has reviewed the background document supporting the priority areas for wind and solar, information in relation to the criteria, the justification and selection of the majority of the land as a priority area for wind and solar energy is unclear. This is not acceptable and is of a significant concern. The Council objects to this designation.’ He noted that this development is policy driven and a strong response was made by the Council
The Chief Executive further said that specialist Legal Advice has been sought, and consideration will need to be given to that legal advice received. Legal and Financial Officers will need to consider whether it is prudent to seek judicial review within the timeframe and whether it is the appropriate use of the Council’s financial resources. Thereafter, consultation will be undertaken with the Leader of the Council and the relevant Portfolio Members and to a formal decision by the Executive Committee.
The Director of Function (Council Business)/Monitoring Officer said that there are statutory General Powers of Confidence where such a development will have an immense impact on a community. The Council could contribute towards a third-party organisation to progress and seek a judicial review. She noted that an amendment would be required for the Council to approve a financial contribution to a third-party body, and an amendment would be required to the Motion. Consideration would also need to be given to the total amount of financial contribution the Council will afford and that the decisions be made in principle only, and to give statutory power to the Chief Executive and the Director of Function (Resources)/Section 151 Officer to discuss the amount of contribution the Council would afford if it was decided that the Authority would not proceed with a Judicial Review. She noted that the deadline for initiating the proceedings is 6th October, 2025.
At this juncture the meeting had a recess to discuss the amendments required to the Motion with the Leaders of the Political Groups and Chief Officers.
Following the recess the Leader of the Council, Councillor Gary Pritchard read out the second amendment to the Motion as follows: -
• The Council expresses its disappointment and frustration in the Welsh
Government’s decision to permit the Alaw Môn Solar Farm development
contrary to its policies on the use of best and most versatile agricultural
land;
• The proposed development has caused a great deal of concern in our
communities as well as creating real concerns regarding future food
security;
• The Council is asked to investigate every possible option, including seeking
a Judicial Review, to challenge this decision as well as seeking to work
alongside other Community Groups who are working towards a similar goal;
• If the Council decision is not to proceed with a Judicial Review, the Council,
in principle, will consider affording financial contribution to the Tir Môn
Group, subject to consultation with the Chief Executive, Director of Function
(Resources)/Section 151 Officer and the Director of Function (Council
Business)/Monitoring Officer.
Councillor Aled M Jones seconded the amendment to the Motion as noted above.
Councillor Pip O’Neill said that reverting to green renewable energy is essential to protect climate change for future generations. However, he considered that the Alaw Môn Solar Farm has not been implemented correctly whilst he supported solar farm developments.
Councillor Sonia Williams said that the Area of Outstanding Beauty must be considered and attracting tourist to the Island is essential.
The Leader of the Council acknowledged the comments as regards to the need for green energy and the impact of climate change. He said that the Council is not opposing solar energy. The opposition to this development at Alaw Môn is due to its scale and there are alternative to installing solar panels on brownfield site and roofs of buildings. The proposed site will take over acres of fertile agricultural land at a time where there are concerns due to food security. Councillor Pritchard expressed strongly that the Authority is not opposing renewable energy nor refusing to acknowledge the climate change challenges.
Councillor Aled M Jones said that there are challenges the Country is facing due to food and energy security. He said that the island is unable to loss valuable agricultural land, and it is a fallacy that farming and grazing of sheep can be undertaken under the solar panel frames. He expressed that he is not against solar panels, but they need to be erected within an appropriate location. Councillor Aled M Jones referred to the Borthwen Solar Scheme which experience severe damage during Storm Dara and the company is continuing to address the damage caused on the site. The damage due to storms on such the size of the Alaw Môn Solar Farm could be life threating.
In accordance with paragraph 4.1.18.4 of the Constitution the required number of members requested that a recorded vote be taken on the recommendation as noted above.
The recorded vote was as follows: -
To support the amendment to the Notice of Motion: -
Councillors Geraint Bebb, Non Dafydd, Jeff Evans, Neville Evans, Douglas M Fowlie, Kenneth P Hughes, Trefor Ll Hughes MBE, Aled M Jones, Carwyn Jones, Dyfed W Jones, Gwilym O Jones, John Ifan Jones, Jackie Lewis, Derek Owen, Gary Pritchard, Dylan Rees, Alun Roberts, Dafydd Roberts, Margaret M Roberts, Nicola Roberts, Ken Taylor, Dafydd Rhys Thomas, Ieuan Williams, Robin Williams, Sonia Williams, Liz Wood. TOTAL 26
Against the amendment: -
Councillor Robert Ll Jones, TOTAL 1
Abstained: Councillors Glyn Haynes, Pip O’Neill, Keith Roberts TOTAL 3
Following a Recorded Vote:
It was RESOLVED that:-
• The Council expresses its disappointment and frustration in the Welsh
Government’s decision to permit the Alaw Môn Solar Farm
development contrary to its policies on the use of best and most
versatile agricultural land;
• The proposed development has caused a great deal of concern in our
communities as well as creating real concerns regarding future food
security;
• The Council is asked to investigate every possible option, including
seeking a Judicial Review, to challenge this decision as well
as seeking to work alongside other Community Groups who are
working towards a similar goal;
• If the Council decision is not to proceed with a Judicial Review, the
Council, in principle, will consider affording financial contribution to
the Tir Môn Group, subject to consultation with the Chief Executive,
Director of Function (Resources)/Section 151 Officer and the Director
of Function (Council Business)/Monitoring Officer.