Content

To consider whether to refer application
number 77576 back to Planing Committee as a result of an alleged
new material consideration arising.

Reasons for the decision

1. BACKGROUND / REASONS FOR THE DECISION
REQUEST
1.1. On 7 May 2025, the Planning Committee resolved to approve
application number 77576 subject to conditions and to a section 106
agreement.
1.2. On the 7th July 2025 North Devon Council received a letter
from Richard Buxton Solicitors inviting the Council to refer the
application back to the Planning Committee before issuing the
notice of decision.
1.3. The grounds for requesting that the matter be referred back to
the Planning Committee are that since the date of the committee
resolution, a new material consideration had arisen resulting in a
duty on the part of the Council to reconsider the decision.
1.4. The new material consideration is alleged to be that the
“X-links project”, cabling solar and wind energy from
Morocco to GB via a cable route terminating at Alverdiscott, has
recently withdrawn its application for a DCO and therefore the
cabling route identified for that project is now not proceeding and
is now available as a reasonable alternative to the approved
route.
1.5. The X-Links route and its point of termination at Alverdiscott
is broadly congruent with the South Zone cable routes considered by
the Applicant in section 4.6 and appendix Z of the Environmental
Statement. The officer’s report sets out the reasons why a
connection to Alversdiscott is not a reasonable alternative to the
connection at Yelland promoted by White Cross and also sets out why
the South Zone landfall sites and routes were also considered to be
unacceptable. The reasons set out do not relate to the existence of
the DCO. Further, upon investigating the status of the X-Links
Project it appears to the Council that although the DCO has been
withdrawn it is not possible at this time to conclude the project
is not proceeding or, as a result, that the X-Links connection
point or cable route is available for use by the Applicant.
1.6. The Council also notes that Richard Buxton Solicitors do not
set out the reasons why the X-Links route is alleged to be a
reasonable alternative to that advanced by the Applicant. Nor do
they demonstrate or set out the basis upon which the route is
available for use by the Applicant.
1.7. Therefore, having considered the matters raised by Richard
Buxton Solicitors, officers judge that no new matter has been
raised which requires the application to be referred back to
Planning Committee before the notice of decision is hereby issued
under delegated powers in accordance with the resolution of the
Planning Committee

Alternative options considered

I have considered taking the matter back to
Planning Committee for reconsideration but have decided not to do
so on the basis that there has been no new material consideration
arising and so there is no legal duty on the Council upon which to
do so.