Farmers confront energy firm in High Court

In a significant legal challenge, more than 300 Welsh farmers and landowners have taken action against Green GEN Cymru, an energy company accused of unlawfully accessing private land. The firm’s representatives, referred to as 'land consent agents', are alleged to have used coercive tactics whilst attempting to survey land for three new pylon routes that would extend over 200 kilometres of the Welsh countryside. The routes will traverse counties such as Powys, Ceredigion, and Carmarthenshire before crossing into Shropshire, England, leading to widespread concern among affected communities.

The judicial review, filed by New South Law, highlights claims that Green GEN is overstepping its authority as an Acquiring Authority, which typically has the legal power to compulsorily acquire land for public projects. The review contends that the company is entering private property without consent and failing to comply with mandatory statutory notice provisions. Farmers have stated that they feel fear, anxiety, and distress as a result of the aggressive and careless behaviour of Green GEN agents.

Natalie Barstow, the named claimant and founder of Justice for Wales, emphasised that the “bullying campaign by Green GEN” left residents no choice but to seek justice through the High Court. Barstow described how one farmer’s child was left fearful enough to seek counselling after an unannounced visit from the agents. The situation has reportedly worsened community trust and heightened concerns about biosecurity, particularly given the active bovine tuberculosis outbreaks in the region. Many farms near the proposed survey routes are classified as high risk, leading to significant worries about the financial and emotional toll of potential outbreaks.

The consequences of Green GEN's actions have caused numerous landowners to seek mental health support, with lawyers noting that 80% of those surveyed reported feeling alarmed or distressed. Furthermore, it has been revealed that more than half of the clients have not received the legally required statutory notices before agents attempted to survey their land. Green GEN has allegedly used outdated communications with deceased landowners as justification for their actions, prompting further outrage.

Legal representatives have pointed to the use of intimidation tactics, including threats of arrests and bailiff actions, creating what they describe as a “significant power imbalance.” Jonathan Colchester, chairman of the co-claimant CPRW, expressed deep concerns regarding the detrimental impacts of the proposals on the countryside, asserting that everyone has the right to fair treatment and respect.

Concerns have also been raised about Green GEN’s lack of insurance, with farmers worried that financial compensation may not be available if livestock were harmed or environmental damage occurred. Adding to the tension, farmers have documented videos showing agents entering their land without proper notice, further complicating the ongoing legal dispute.

Mary Smith, a lawyer for New South Law, highlighted the broader implications of this case, stating that it raises critical questions about the accountability of firms during the UK's renewable-energy transition. She noted the potential for disease spread between farms due to the unsafe practices employed by Green GEN, indicating that this could have dire consequences for families and their livelihoods. The legal action seeks not only to protect the rights of landowners but also to ensure responsible behaviour from companies operating as Acquiring Authorities.

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