pv pitfalls - making it legal. sonya bedford (stephen scowns solicitors)

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PV Pitfalls – Making it Legal 16 November 2010

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Page 1: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

Page 2: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

Rainbow’s End: Doing the Deal 2 November 2010

PV Pitfalls Making it Legal

Sonya BedfordHead of Renewable Energy

Stephens Scown

Page 3: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

Page 4: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

Legal Considerations

• Proper professional advice essential before committing even to HOTs

• Terms on offer not generous

• Long term commitment, make sure you get paid for it

• Professional Fees

• Option/ Exclusivity/ Lease

Page 5: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

• Look to obtain share of revenues/royalty as well as a simple ‘rent’

• Intensification of use, with more efficient equipment = need a share of the revenues

• Beware of restrictions in regard to other development you may wish to carry out on the land

• Shading, protection of cable routes, fencing

• Grazing policy

• Alienation - transfer of the lease/option to another person

Page 6: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

Page 7: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

• ‘Restoration’ considerations. Sinking fund/bond?

• Disruption of farming/creation of access/construction of substation and other infrastructure

• Taxation aspects; Agricultural Property Relief

• Stewardship schemes/consent from Natural England

• Consent from mortgagees

• Wheal Jane

Page 8: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

Page 9: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

Conclusions

• Professional advice at an early stage essential, both from surveyors and legal advisors, as well as with reference to taxation

• For own use, may require specialist planning advice, e.g. in AONB, listed buildings, etc

• Overall strategy for farm/business, best use of land/sustainability/planning for the future.

Page 10: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

Page 11: PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

PV Pitfalls – Making it Legal 16 November 2010

Contact

Sonya Bedford

Head of Renewable Energy

Tel: 01392 210700

Email: [email protected]