New High Court Ruling on Survey Access: Why Landowners Need Early Compulsory Purchase Advice
Peter Cole
Jul, 16 2026A recent High Court judgement could have significant implications for landowners, farmers and rural businesses affected by major infrastructure, energy, transport and utility projects across England and Wales. The ruling may affect how developers and infrastructure promoters obtain access to land for surveys under statutory powers. The ruling highlights the importance of obtaining Compulsory Purchase Advice at an early stage and serves as a reminder that those affected by development, utility or infrastructure proposals should fully understand their rights before granting access to their land.
For landowners facing survey requests connected to potential Compulsory Purchase Orders (CPOs), early engagement with experienced property professionals can help protect their interests and strengthen their position throughout the project lifecycle.
The Case: Barstow v Green Generation Energy Networks (Cymru) Ltd
The High Court recently considered whether Green Generation Energy Networks (Cymru) Ltd (GGC) had lawfully exercised its statutory powers to gain access to land for surveys.
GGC had issued notices seeking broad powers of entry, allowing access to land on multiple occasions over an extended period and for a wide range of purposes under a single notice.
The Court concluded that this approach was not lawful.
Instead, the judgement made clear that survey notices should be specific, targeted and relate to clearly defined survey activities within a more limited timeframe. The ruling also emphasised the importance of engaging with landowners to minimise disruption and account for practical issues such as farming operations, cropping programmes and biosecurity measures.
Although the case concerned land in Wales, the legislation considered by the Court is also relevant in England, meaning the judgement may have wider implications for infrastructure promoters operating across the country. The issues raised by this judgment are relevant to a wide range of projects, including electricity transmission schemes such as National Grid’s Norwich to Tilbury project, as well as other energy, transport, utility and nationally significant infrastructure developments.
Why Is This Important for Infrastructure and Development Projects?
Many developers, utility companies and infrastructure promoters (who may later become the acquiring authority for a scheme) rely on similar survey access powers when
progressing projects that may ultimately require land rights, easements or compulsory purchase powers.
Historically, some survey notices and access agreements have been drafted very broadly, granting promoters extensive rights over a prolonged period. This judgement raises important questions about whether such approaches remain appropriate.
The case also highlights a potentially important distinction between statutory survey powers and voluntary access agreements. In some circumstances, a landowner who signs a licence may be granting greater access rights than a promoter could obtain through the statutory process alone.
As large-scale infrastructure projects continue to expand across the UK, including transmission, energy, transport and utilities schemes, understanding these issues has become increasingly important for landowners.
Why Early CPO Advice Is Essential
The survey stage is often the first direct interaction a landowner has with a project promoter. Decisions made at this point can influence compulsory purchase negotiations for many years. Seeking CPO Advice at an early stage can help landowners:
- Understand the rights being requested.
- Review survey notices and access agreements.
- Protect farming operations and business activities.
- Address biosecurity and land management concerns.
- Minimise disruption to tenants and occupiers.
- Prepare for future compulsory purchase negotiations.
- Maximise compulsory purchase compensation where land rights are acquired.
Too often, landowners only seek advice when a project becomes more advanced. However, by engaging early, you can ensure that decisions made at the survey stage support your longer-term position should a Compulsory Purchase Order (CPO) progress.
Expert Representation Through the CPO Process
Infrastructure projects frequently evolve from early survey activity into formal land rights acquisition, easements, temporary possession arrangements or full compulsory purchase proceedings.
This is where experienced compulsory purchase experts can make a significant difference.
At Ceres Property, our specialist team advises landowners, farmers, businesses and property owners affected by major infrastructure schemes across the UK. We provide support throughout the entire project lifecycle, from initial survey access requests through to compulsory purchase negotiations, compensation claims and settlement agreements.
Whether you need advice on a proposed Compulsory Purchase Order (CPO), assistance negotiating survey access, support during compulsory purchase negotiations, or representation to maximise your compensation claim, Ceres Property’s team of compulsory purchase experts can provide specialist guidance throughout the process.
Engage Early & Protect Your Position
The key message from this latest judgement is clear: don’t wait until a project has progressed to seek advice.
If you have received correspondence from a developer, utility company, local authority, energy promoter or infrastructure organisation regarding survey access, now is the time to understand your rights and options.
The earlier you engage with experienced compulsory purchase experts, the better placed you will be to manage risk, protect your property interests and secure the best possible outcome.
Contact Ceres Property
If your property may be affected by a proposed infrastructure, energy, transport, utility or development project, contact the Ceres Property team for specialist Compulsory Purchase Advice, support with survey access negotiations, and expert guidance on compulsory purchase compensation matters.
This article is intended as general information only and does not constitute legal or professional advice. Specific advice should always be sought based on individual circumstances.