Community group challenges compulsory purchase powers

In a significant legal milestone, a community group and charity have secured the right to challenge compulsory purchase powers in court. This case comes as a response to the actions of developers and utility companies that can force landowners to sell their properties. The High Court is set to examine Section 172 of the Housing and Planning Act 2016, relating to the statutory powers granted to companies for land surveys prior to issuing a Compulsory Purchase Order (CPO).

The legal battle was initiated by Justice for Wales, alongside the charity CPRW, who successfully argued against energy company Green GEN Cymru on multiple grounds in January 2026. The claim centres around alleged unlawful conduct, abuse of power, and negligence regarding environmental and biosecurity considerations. Recently, Lady Justice May allowed additional claims to go forward, giving the group permission to contest the lawfulness of Section 172 notices and the collection of personal data related to landowners.

The importance of this case extends beyond just the actions of Green GEN Cymru; it is part of a larger Judicial Review involving over 500 Welsh farmers and landowners threatened with losing their homes and farmland to a 200km pylon project impacting four counties in Wales and reaching into the West Midlands.

An interim relief hearing held on March 10 decisively rejected Green GEN's attempts to keep unrestricted access to private land, establishing that surveying must now adhere to stricter regulations, including notifying landowners prior to entry. Natalie Barstow, founder of Justice for Wales and principal claimant, highlighted the significance of this step, stating, “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.” She further emphasised, “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.”

The ramifications of this case could be extensive; should the court find that reform is necessary, it might reconfigure what is described as a “Wild West” environment for statutory survey powers, shifting power dynamics in favour of communities affected by large infrastructure initiatives. Moreover, the case will evaluate how land data is handled and shared. The lawyers contend that if not adequately protected, landowners risk becoming targets for developers in the future.

Legal representatives are also arguing that Green GEN Cymru improperly shared landowners’ personal data with its parent company, Bute Energy, for commercial advantage. Mary Smith, from New South Law, the firm representing the concerned communities, remarked, “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.” She asserted that it is vital to hold accountable those operating outside the bounds of the law, stating, “It is time that those acting outside the spirit of the law are brought to justice.”

As the situation progresses, lawyers encourage landowners affected by Green GEN Cymru’s activities to contact them through their website as they continue to gather evidence. The Judicial Review hearing is scheduled for April 21 and 22, where the arguments and evidence will be presented.