A community group and charity have won the right to bring a landmark legal challenge against the powers that allow developers and utility companies to force landowners to sell their property, in a case that lawyers say could have far-reaching implications.
The High Court will examine, for the first time, the wording of Section 172 of the Housing and Planning Act 2016, which permits companies to enter private land to conduct surveys before issuing a Compulsory Purchase Order (CPO). The challenge was brought by community group Justice for Wales and charity CPRW against energy company Green GEN Cymru.
Natalie Barstow, founder of Justice for Wales, 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.
‘Companies cannot be allowed to run riot under the assumption that it is to protect the environment, ignoring the pleas of tax-paying landowners who have the right to protect their properties, livelihoods, and homes.“This has never been about opposing renewable energy. Many of our farmers already have on-site renewable energy sources. This is about protecting communities who have the legal right to be treated fairly and about protecting lawful process.’
The case will form part of a wider judicial review brought by 500 Welsh farmers and landowners facing the loss of their land and homes to a 200km pylon scheme running through four counties in Wales and crossing into the West Midlands.
Lawyers argue that the current approach to statutory survey powers amounts to a ‘Wild West’ system, leaving landowners vulnerable. The court will also review how land data is processed, shared and categorised, with claimants arguing that landowners risk becoming ‘targets’ for future developers if their data is not treated as personal data.
In legal papers, Green GEN Cymru is accused of unlawfully sharing personal land data with its parent company, Bute Energy, for commercial purposes. An interim relief hearing in March placed substantive restrictions on surveying activities and required proper notice to be given before entry.
If the court finds that reform is needed, the outcome could tip the balance of power in favour of communities facing major infrastructure projects.
The judicial review hearing will take place on 21st and 22nd April. Lawyers are calling on any landowners affected by Green GEN Cymru’s activities to come forward.
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