pv pitfalls - making it legal. sonya bedford (stephen scowns solicitors)
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PV Pitfalls – Making it Legal 16 November 2010
Rainbow’s End: Doing the Deal 2 November 2010
PV Pitfalls Making it Legal
Sonya BedfordHead of Renewable Energy
Stephens Scown
PV Pitfalls – Making it Legal 16 November 2010
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
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
PV Pitfalls – Making it Legal 16 November 2010
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
PV Pitfalls – Making it Legal 16 November 2010
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.
PV Pitfalls – Making it Legal 16 November 2010
PV Pitfalls – Making it Legal 16 November 2010
Contact
Sonya Bedford
Head of Renewable Energy
Tel: 01392 210700
Email: [email protected]