High Court Grants Permission to Proceed

20th January '26

Hearing Outcome

Mrs Justice Jefford granted permission for the judicial review to proceed to examine the following four grounds:

1. Unlawful conduct / ultra vires behaviour, relating to surveying at a “reasonable time”, biodiversity and biosecurity;

2. Irrational or unreasonable use of statutory powers for entry to survey;

3. Procedural impropriety relating to policies and protocols (or lack thereof);

4. Breaches of human rights under the European Convention on Human Rights.

A two‑day substantive hearing is expected to take place in the second half of April 2026.

Interim Protection for Landowners

The Court has accepted an undertaking (a formal promise) from GreenGEN that it will not seek to enter land using its section 172 Housing and Planning Act 2016 powers until an urgent interim relief application is heard.

The interim relief application will determine whether GreenGEN should be prevented from entering land using s.172 powers until the main judicial review hearing has concluded. We expect this application to be heard at Cardiff High Court in the coming weeks, and we will share further details as soon as they are confirmed.

For those who have not signed licences, and where GreenGEN has been relying upon s.172 powers for entry, this means surveyors should not attend.

If you have signed a licence, this protection does not extend to you. It may also not extend to those occupying land where the landowner has signed a licence. If either applies to you, please contact our office for tailored advice.

Aspects Not Granted Permission to Proceed

The Court did not grant permission to proceed with the challenge to:

1. the legality of the notices served and

2. entry without proper authority.

The judge found these issues to be fact‑specific and better suited to alternative legal proceedings, such as trespass claims. Permission was also refused in relation to the alleged unlawful obtaining and use of data.

We are carefully reviewing the Court’s reasoning on these points and are assessing the appropriate next steps. There are various options available, and we will update you shortly.

Next Steps

This decision marks the beginning of the next phase of proceedings. We will continue to assess the implications of the Court’s judgment and will provide updates as the timetable develops, including any additional steps that may arise as the litigation progresses.

If you have any questions about how this may affect your position, or if you require advice specific to your land, please get in touch.

Justice for Wales and CPRW

As you know, the claimants in the judicial review are Natalie Barstow, Justice for Wales, and CPRW (Campaign for the Protection of Rural Wales) – the latter two acting on behalf of the wider community and the Welsh countryside.

The level of community support and collaboration has been extraordinary. Both Justice for Wales and CPRW continue to fundraise to meet the costs of these proceedings.

• CrowdJustice: Justice for Wales: A High Court challenge to protect rural communities

• Justice for Wales: How the Justice for Wales & CPRW Legal Funds Work

• CPRW: Fighting for Fairness in Rural Wales – Join the Legal Appeal - CPRW The Welsh Countryside Charity