Hundreds of farmers and landowners challenge energy company’s ‘unlawful’ abuse of power in the High Court

Over 300 Welsh farmers and landowners have launched High Court legal action against an energy company’s ‘unlawful’ abuse of power to ‘force’ access onto private land.

Individuals referred to as ‘land consent agents’, acting on behalf of the energy company, Green GEN Cymru (Green GEN), are accused of acting in a ‘coercive’ and careless manner ‘without regard for environmental protections or community wellbeing’, while trying to force their way onto land to carry out surveys for three new pylon highways spanning over 200km of Welsh countryside.

The proposed energy infrastructure, which has been met with nationwide concern, will see three major pylon routes run through the counties of Powys, Ceredigion and Carmarthenshire, leading to the Cambrian Mountains. The proposal will see one line stretch over the Welsh border, ending in Shropshire, England.

The judicial review, filed by New South Law, argues the energy company is acting beyond its powers as an Acquiring Authority – a body given legal power to compulsorily acquire land for public projects - by entering land without consent and failing to comply with the legally required a.174 statutory notice provisions.

Green GEN agents are causing fear, distress, and anxiety amongst the community, according to the judicial review filed on Friday, 24 October, which requests immediate injunctions are enforced to stop further unlawful attempts to access land.

The use of threats by Green GEN – including bailiffs and arrests – is creating a ‘significant power imbalance’, which leaves those affected feeling ‘powerless’ and believing ‘force will be used against them if they, however reasonably, refuse entry’, according to lawyers.

It is also alleged that the agents are secretly crossing farm boundaries in dirty clothes, risking the spread of known local livestock diseases such as Bovine Tuberculosis (TB) or Sheep Scab, refusing to agree to biosecurity and environmental protocols, and breaching a homeowner's fundamental human right to ‘the peaceful enjoyment’ of their home and private family life.

Many of the farms along the proposed survey route fall within areas classified by the Welsh Government as having active bovine TB outbreak, which bring ‘significant biosecurity requirements’ to prevent the spread of disease. Requirements that are not being met by Green GEN, according to the legal action.

This failure has left farmers fearing the financial loss, emotional turmoil and the lengthy business disruptions that would follow an outbreak.

According to data collected by lawyers, over half of clients with livestock know of animal diseases within five miles of their property and approximately 17% state their flock or herd currently has, or had in the past 12 months, an infectious disease.

As a result of the company’s unlawful conduct - including doorstepping and cold calling - the legal action states 80% of landowners ‘report feeling scared, alarmed, distressed or anxious’, driving 11% to seek mental health support.

Lawyers, representing the grassroots coalition, Justice for Wales, and CPRW, the Welsh Countryside Charity, which are bringing the claim on behalf of more than 300 landowners and farmers, said half of the client cohort report not receiving the legally required s.174 notice before employees of Green GEN either entered or tried to force access to their land.

Legal requests to access the notices, which Green GEN state they have served, have been ignored.

It is alleged that in some instances, Green GEN has relied on previous correspondence with deceased landowners as sufficient notice to survey the land, suggesting the notices ‘run with the land’ and do not need to be served on the new occupant.

Since Green GEN’s actions started, over a year ago, landowners have filed multiple reports of Green GEN agents ignoring the serious risk of spreading diseases such as Bovine Tuberculosis between farms by entering in dirty vehicles, footwear and clothing, accessing protected areas housing rare wildlife without consent and banging on homeowners’ windows in attempts to gain access.

Lawyers have served multiple harassment notices on behalf of clients, and several landowners have resorted to filing individual police reports for trespass. The police cases remain open or on file.

Natalie Barstow, the named claimant and founder of Justice for Wales, which is calling for fairness and lawful process in the planning and delivery of major energy projects, said: “We have been left no choice but to seek legal action through the High Court as a result of this bullying campaign by Green GEN.

“We’ve had hundreds of reports from people feeling as if their homes are being invaded - many feel powerless, outnumbered, and fearful of being arrested or prosecuted. Whilst we support green energy, Green GEN’s completely unreasonable behaviour should not be allowed to continue.

“One farmer revealed how his 13-year-old child asked - after an unannounced visit - if they would be forced to leave their home. This child is now receiving counselling due to the fear they felt following the intrusion. We’ve also heard from several vulnerable adults whose health has deteriorated under the ongoing stress of Green GEN’s coercive tactics.”

Natalie, whose campsite was named Best Campsite in Wales 2025, and who also runs a small farm which has been in her family for four generations, added: “We are all used to working with companies that require land access - it’s part of rural life - but this situation is entirely different.

“The behaviour we’ve seen from Green GEN and its agents is like night and day in comparison – intrusive, intimidating, and utterly lacking in respect for the people who live and work here. The Justice for Wales coalition has been set up in response to the growing unease about how this process is being handled. The lack of transparency, the disregard for people’s rights and the risks being imposed on farms and rural communities.”

Jonathan Colchester, chairman of co-claimant, CPRW, added: “We are deeply concerned by the detrimental impact these proposals could have on our countryside and the host of negative impacts Green GEN’s actions are having across communities. Everyone has the legal right to be treated fairly and with respect and the Welsh countryside has the right to be protected from harm. Those rights are being eroded by the conduct of those acting for Green GEN.”

Concerns are also raised regarding Green GEN’s failure to provide evidence of adequate insurance following multiple requests made by lawyers over a five-month period. Without valid insurance, clients believe that financial compensation may not be available if livestock are harmed or land and sensitive habitats are damaged.

Multiple video recordings by farmers and landowners show that despite them repeatedly explaining to land consent agents that they have not received the s.174 notice, the agents continue to instruct surveyors to enter the land.

During these exchanges, agents can be heard stating that the statutory legal notice has been delivered and ‘signed for’ by the landowner, yet no proof is shown of the signed document.

One video, captured on a wildlife camera installed by ecologists working for Natalie Barstow, shows agents secretly walking through a protected stream – which is home to endangered native crayfish and otters - in unclean clothes.

Mary Smith, lawyer at New South Law, said: “This case raises fundamental questions about accountability in the UK’s renewable-energy transition and how unchecked industry practices may be placing the environment and communities’ human rights at risk.

“There are significant concerns about the risk of TB and other transmissible diseases spreading between farms as a result of Green GEN’s conduct, which appears to fall short of accepted biosecurity standards. Such risks could have devastating consequences for farming families and their livelihoods.

“We are concerned that Green GEN may be misusing its statutory powers by threatening legal action and employing coercive tactics to intimidate hundreds of individuals into granting land access.

“The apparent absence of appropriate biosecurity protocols during survey activity raises significant concern as to the risk posed to our clients, their livestock and the environment.

“Holding the status of an Acquiring Authority carries a responsibility to act lawfully and to treat the public reasonably and fairly. It does not grant companies a free pass to pursue commercial objectives through oppressive and unlawful means.”