Hundreds of farmers challenge pylons firm in landmark legal case

A landmark legal claim brought by more than 500 farmers against a firm planning new electricity pylon routes across Wales is to be heard in the High Court on Tuesday.

The claimants allege Green GEN Cymru has been acting unlawfully and with disregard for biosecurity while trying to gain access to private land, leaving local communities feeling "frightened and intimidated".

In a legal first, the judicial review in Cardiff will also examine the use of powers allowing landowners to be forced to sell their property to utility companies.

Green GEN Cymru said it was "committed to working respectfully with landowners" and its plans would deliver a "secure, resilient energy network for Wales".

The company hopes to build three major electricity pylon routes, connecting planned onshore windfarms in mid and west Wales with the wider grid network.

Supporters say Wales' electricity grid is not fit for purpose, holding back deployment of renewable energy schemes and the roll-out of low carbon technologies such as electric cars and heat pumps.

Proposals affect parts of Carmarthenshire, Ceredigion and Powys - with one of the routes stretching across the Welsh border into Shropshire.

The dispute with hundreds of farmers and landowners centres on the company's use of laws allowing them to enter private land without consent to carry out environmental and ecological surveys.

"We've had reports of people feeling intimated in their own homes, of aggressive behaviour... multiple cars turning up on yards, no biosecurity protocols in place," explained lead claimant Natalie Barstow, who runs a farm and campsite near Builth Wells, Powys.

"There is an absolute need for them to properly notify us, to give us reasonable time, and to have a biosecurity protocol in place when you're entering farmland and you know this is people's livelihoods."

"Dirty tyres" and muddy walking boots risked the spread of livestock diseases such as bovine TB and sheep scab, she explained.

There had been "multiple" occasions when agents acting on the company's behalf had been on her land without her knowledge, and she claimed they were once caught walking through a protected stream on wildlife cameras set up to monitor otters.

"My ecologist who monitors that brook called me up and said 'Natalie, what on earth are you doing? We've got people walking through the brook'. How have you allowed this?" she said.

The case is being heard on six grounds, including alleged unlawful conduct, abuse of power, and disregard for biosecurity and environmental concerns.

Community group Justice for Wales and the Campaign for the Protection of Rural Wales (CPRW) charity have also secured permission to challenge whether the use of so-called Section 172 notices - allowing access to land ahead of a potential compulsory purchase order (CPO) - was lawful.

A CPO allows public authorities - and sometimes utility companies - to forcibly acquire land or property in order to make way for infrastructure projects deemed to be in the public interest.

Mary Smith of New South Law, which is representing the claimants said it was "the first time a test of this nature has reached the court" and the implications could "stretch beyond our clients, echoing across the industry".

"This case raises fundamental issues about how statutory powers are exercised and the protections afforded to those affected," she said.

"As it stands, we believe some in the industry... are abusing their position of power, and the unregulated use of survey notices is like the Wild West."

The group will also challenge the company's collection of landowners' personal data - including land data.

Legal papers filed ahead of the hearing allege that Green GEN Cymru is unlawfully sharing data with its parent company, Bute Energy - which is planning a series of onshore windfarm projects.

Barstow insisted the challenge was "not a protest against renewable energy".

"We need to acknowledge that a transition into more renewable energy sources is absolutely necessary," she said.

"But these things cannot be done to communities, they've got to be done with communities."

Green GEN Cymru said the company recognised the hearing's significance 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," it said.

"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."

Welsh Labour said its aim is an energy independent Wales based on clean, homegrown power to create jobs and cut bills. It added that new power lines should be "underground where possible", but costs must be considered.

Plaid Cymru said expanding renewable energy is essential for reaching net zero, but "must involve local communities". It pledged to favour underground cables and prioritise community-owned energy projects.

The Welsh Liberal Democrats said renewable energy must be developed "with communities, not against them", adding that infrastructure should be underground where possible to protect rural areas and local economies.

Reform UK Wales criticised renewables as "costly and harmful" to the countryside. It said it would ban new onshore wind and solar farms, and scrap net zero plans.

The Welsh Conservatives said they'd introduce "a moratorium on industrial-scale solar and wind farms to protect the Welsh countryside and adopt a 'bury cables first' approach to infrastructure in the Welsh countryside."

The Green Party has also been asked to comment.

The High Court judicial review hearing is due to last for two days.

Additional reporting by Luned Phillips and Craig Duggan.