Community group win right to bring landmark legal challenge to compulsory purchase powers

A community group and charity have won the right to bring a landmark legal challenge to powers allowing landowners to be forced to sell their property to developers or utility companies, in a case lawyers say could have far-reaching implications.

In a legal first, the High Court will examine the wording of Section 172 of the Housing and Planning Act 2016, which allows companies to enter private land to conduct surveys before issuing a Compulsory Purchase Order (CPO).

This follows a successful challenge by community group Justice for Wales and charity CPRW, Campaign for the Protection of Rural Wales, which secured permission in January 2026 to bring a claim against energy company Green GEN Cymru on four grounds, including alleged unlawful conduct, abuse of power, and disregard for biosecurity and environmental concerns.

Two additional grounds, initially refused, were subsequently granted permission to proceed by Lady Justice May on April 2, allowing the claimants to challenge whether the use of Section 172 notices and the collection of landowners’ personal data - including land data - were lawful.

The challenge will form part of a wider Judicial Review hearing brought by 500 Welsh farmers and landowners who are facing the threat of losing their farmland, homes, and livelihoods to a 200km pylon scheme running through four counties in Wales and crossing into the West Midlands.

An interim relief hearing on March 10 rejected Green GEN’s attempt to retain unrestricted access to land, instead placing substantive restrictions on surveying activities and requiring proper notice to be provided to landowners before entry.

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.

“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.”

A Compulsory Purchase Order allows companies to obtain land or property without the consent of the owner to give way to new developments, such as wind farms, railways or pylon schemes.

If the court concludes reform is needed to what lawyers describe as a ‘Wild West’ approach to the unregulated use of statutory survey powers, it could have far reaching industry repercussions, tipping the balance of power in favour of future communities facing the negative impacts of major infrastructure projects.

In what could be another significant development, the case will also review how land data in these cases is processed, shared and categorised.

Lawyers argue that landowners are at risk of becoming ‘targets’ for future developers if their land data is not being correctly treated as personal data, as argued by the defendant in this case.

In legal papers filed as part of the Judicial Review hearing, which will take place today (Tuesday, April 21) and Wednesday, April 22, it is argued that Green GEN Cymru is unlawfully sharing personal data with its parent company, Bute Energy, for commercial purposes.

Mary Smith, lawyer at New South Law, the law firm representing the impacted communities, said: “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 and working to protect future communities.

“As it stands, 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.

“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.”

As part of an ongoing evidence-gathering exercise, lawyers are calling on any landowners affected by Green GEN Cymru’s activities to get in touch via their website.

A spokesperson for Green Gen said: “We recognise the significance of this week’s hearing and the continued public interest in the timely resolution of these matters.

“As proceedings are ongoing, it would not be appropriate to comment on the specifics of the case. We will continue to engage constructively through the proper legal process. “In the meantime, our work continues in line with established procedures. Pre-application environmental and ecological surveys remain an essential part of ensuring that potential impacts are properly understood by all stakeholders, including planning authorities and host communities. “We remain committed to working respectfully with landowners and engaging openly with local communities. Our approach is to seek agreement wherever possible and to carry out all activities with due consideration for people and the environment. “The development of this infrastructure remains an important part of delivering a secure, resilient energy network for Wales and forms part of critical infrastructure aligned with government policy. We will continue to progress this work responsibly while the legal process runs its course.”