High Court Issues First Comprehensive Ruling on Statutory Survey Powers Under the Housing and Planning Act 2016

16 July, 2026

On 6 July 2026, Kimblin J handed down judgment in Barstow and Others v Green Generation Energy Networks Cymru Limited [2026] EWHC 1698 (Admin). 

High Court Issues First Comprehensive Ruling on Statutory Survey Powers Under the Housing and Planning Act 2016

16 July, 2026

On 6 July 2026, Kimblin J handed down judgment in Barstow and Others v Green Generation Energy Networks Cymru Limited [2026] EWHC 1698 (Admin). 

On 6 July 2026, Kimblin J handed down judgment in Barstow and Others v Green Generation Energy Networks Cymru Limited [2026] EWHC 1698 (Admin).

The case is the most comprehensive judicial consideration to date of Part 7 of the Housing and Planning Act 2016 which confers on acquiring authorities the right to enter and survey land prior to making a compulsory purchase order.

This judgment is the first to examine the regime in the round, including: who must be given notice and how; whether notice runs with the land; the level of detail required in a notice; the meaning of "reasonable time" for entry; human rights considerations; and data protection.

The judgment will be of wide interest to all those involved in promoting projects that require the use of statutory access powers for surveys, including developers, acquiring authorities, landowners and occupiers and their advisers.

Claire Nevin was part of the counsel team instructed by New South Law Ltd for the Claimants. She was led by David Matthias KC at the interim relief hearing which took place in the High Court in Cardiff in March 2026.

Emyr Jones was part of the counsel team instructed by Pinsent Masons LLP for the Defendant.