Local Government Lawyer

GLD March 26 Planning Lawyer Adhoc Banner 600 x 100 px 1

GLD March 26 Planning Lawyer Adhoc Banner 600 x 100 px 1


A community group and charity who were granted the right to judicial review over plans to build more than 200 kilometres of high-voltage pylons and substations through rural Wales on four grounds but refused on two have now been granted permission on the additional two grounds, following an appeal.

In January 2026, community group Justice for Wales and charity CPRW secured permission 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 2 April, 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 its claimed 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.

The group argues that Green GEN has acted beyond its lawful powers as an acquiring authority by seeking to enter private land without proper consent or notice under the Housing and Planning Act 2016, and failed to meet its duties to protect human rights, biosecurity and the environment.

In legal papers filed as part of the judicial review hearing, which will take place on 21 and 22 April, it is argued that Green GEN Cymru is unlawfully sharing personal data with its parent company, Bute Energy, for commercial purposes.

At the hearing, 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).

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.”

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....

“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 Green GEN Cymru spokesperson said: “We recognise the significance of next 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.”

Lottie Winson

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