High Court backs farmers in pylon access ruling

A High Court ruling has strengthened farmers’ rights over survey access after finding an electricity developer used an “unduly broad” notice to enter land.

The judgment follows a judicial review brought by Natalie Barstow, the Campaign for the Protection of Rural Wales (CPRW) and the Land Justice Coalition against Green GEN Cymru over its use of statutory powers to access land for surveys linked to a proposed 200km electricity pylon route across Powys, Ceredigion and Carmarthenshire.

The case centred on Sections 172-179 of the Housing and Planning Act 2016, which allow organisations with compulsory purchase powers to enter private land to carry out surveys for nationally significant infrastructure projects before applying for a compulsory purchase order.

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While the High Court confirmed those powers remain in place, Mr Justice Kimblin ruled they must be exercised more carefully.

He found developers cannot issue wide-ranging notices covering multiple surveys over periods of up to one or two years.

Instead, notices must clearly state the purpose of the visit, the surveys to be undertaken and the timeframe for access.

If further surveys are required, fresh notices must be issued.

Farm-specific concerns

Mr Justice Kimblin concluded the company had failed to “grapple with the risks of transmission of [bovine] TB” when planning survey access and developers must properly consider farm-specific concerns, including livestock management and biosecurity risks, before entering land.

However, he found Green GEN Cymru had not breached environmental law and acknowledged the company had since improved its survey access procedures, staff training, statutory notices and biosecurity guidance.

The company, which has faced opposition from hundreds of affected farmers and landowners, was ordered to pay 60% of the claimants’ legal costs, about £21,000, in addition to its own legal fees.

A galvanised community

Dyfan Walters, who farms 77ha of beef and sheep near Llandovery and is among more than 500 members of the Justice for Wales coalition, welcomed the decision.

“This has put a lot of weight on many shoulders and Ofgem should have stepped in,” he said.

“It took a community to galvanise to challenge them, but their behaviour has been changing.”

Jonty Colchester, chairman of CPRW, compared the situation to “David and Goliath”. “We’ve been campaigning for a long time against this. It won’t derail the project, but for now it will delay it,” he said.

Mark Burton, Country Land and Business Association (CLA) Cymru policy adviser, described the judgement as “significant”.

“While it doesn’t stop surveys from going ahead altogether, it gives landowners more control and power as to when surveys are carried out.”

Plaid Cymru MP for Caerfyrddin, Ann Davies said Green GEN Cymru’s conduct had shown a clear lack of respect for residents and landowners, affecting people’s wellbeing, businesses, family life and the safety of their livestock.

“This is not opposition to renewable energy, it is a call for energy companies to work with communities, not impose decisions upon them.”

Green GEN Cymru has been approached for a comment.