Welsh farmers challenge pylon land access powers

A High Court challenge over the powers used by energy developers to access private land is being heard today, in a case that could have implications for how compulsory purchase laws are applied in Britain.

The claim has been brought by community group Justice for Wales and rural charity the Campaign for the Protection of Rural Wales (CPRW) against energy developer Green GEN Cymru, and centres on the use of Section 172 of the Housing and Planning Act 2016.

The provision allows companies to enter private land to carry out surveys ahead of a possible compulsory purchase order (CPO).

See also: Judicial review granted for farmers over pylon plans

The court in Cardiff will examine the scope and lawfulness of those survey powers following a ruling earlier this year granting permission for a full judicial review on six grounds.

These include alleged unlawful conduct, abuse of power, and failures to properly consider biosecurity and environmental risks.

The groups were initially granted permission in January to pursue four grounds of challenge. Two further grounds were added on 2 April after Lady Justice May allowed claims questioning the legality of Section 172 notices and the handling of landowners’ personal and land data.

The case forms part of a wider legal action involving more than 500 Welsh farmers and landowners affected by proposals for a 200km electricity pylon route through Powys, Ceredigion and Carmarthenshire, extending into the West Midlands.

Many say their farms, homes and livelihoods are at risk.

An interim hearing last month rejected Green GEN Cymru’s attempt to maintain unrestricted access to land. Instead, the court imposed limits on survey activity and required clearer notice to landowners before entry.

Natalie Barstow, founder of Justice for Wales and lead claimant, said the case was “not about opposing renewable energy”, noting that many farmers already host on-site generation, but about “fair treatment, lawful process, and protecting communities who have the right to be treated properly under the law”.

‘Fundamental issues’

Mary Smith, a solicitor at New South Law, which is representing the claimants, said the case raised “fundamental issues” about how statutory powers are exercised.

She added: “We believe some in the industry, such as Green GEN Cymru, are abusing their position of power, and the unregulated use of survey notices is like the Wild West.”

Green GEN Cymru says it is committed to working respectfully with landowners and that its plans would help deliver a secure, resilient energy network for Wales.

The hearing is listed to last two days, on 21-22 April.