Farmers win High Court challenge over land access powers

Farmers and landowners facing the threat of losing land to major infrastructure projects have won the right to bring a landmark legal challenge over compulsory purchase powers.

The High Court will examine how developers are using laws that allow them to enter private land without consent, in a case campaigners say could reshape the balance of power between rural communities and large energy firms.

At the centre of the dispute is Section 172 of the Housing and Planning Act 2016, which permits companies to access land to carry out surveys ahead of a potential Compulsory Purchase Order (CPO).

The legal action has been brought by community group Justice for Wales and charity CPRW against energy company Green GEN Cymru, with claimants arguing the powers have been used unlawfully and without proper regard for landowners.

The case forms part of a wider Judicial Review involving around 500 Welsh farmers and landowners, many of whom say they face losing farmland, homes and livelihoods to a proposed 200km pylon scheme stretching across multiple counties and into the West Midlands.

In a further boost to the claimants, the court has allowed additional grounds to be heard, including whether the use of survey notices — and the handling of landowners’ data — is lawful.

The dispute has already exposed tensions over access to land. At an earlier hearing in March, the court rejected Green GEN’s attempt to retain unrestricted entry, instead imposing limits on surveying and requiring proper notice to be given.

Campaigners say the case is about fairness and protecting rural communities, rather than opposing infrastructure projects outright.

Natalie Barstow, founder of Justice for Wales and lead claimant, said: “This is an important step forward for all of us who have been left feeling powerless and unsafe in our homes as Green GEN will have to face all our challenges in a court of law.”

She added: “Companies cannot be allowed to run riot… ignoring the pleas of tax-paying landowners who have the right to protect their properties, livelihoods, and homes.”

Barstow stressed the challenge was not about opposing renewable energy, saying: “This has never been about opposing renewable energy… This is about protecting communities who have the legal right to be treated fairly and about protecting lawful process.”

A Compulsory Purchase Order allows land or property to be acquired without the owner’s consent for developments such as energy infrastructure, transport projects or utilities.

Lawyers representing the claimants argue the current use of survey powers lacks proper oversight, with some describing it as a “Wild West” approach.

The case will also examine how landowners’ data is collected and shared, amid concerns it could be used commercially without adequate safeguards.

Legal filings claim Green GEN Cymru has been sharing personal land data with its parent company, Bute Energy, raising fears that landowners could effectively become targets for future development.

Mary Smith, a lawyer acting for the group, said the case could set a significant precedent.

“This is the first time a test of this nature has reached the court, the implications of which could stretch beyond our clients, echoing across the industry,” she said.

“This case raises fundamental issues about how statutory powers are exercised and the protections afforded to those affected. It is time that those acting outside the spirit of the law are brought to justice.”

The hearing is due to take place on 21 and 22 April, with the outcome expected to have far-reaching consequences for how developers access land — and how farmers and rural communities are protected in future.