PV Pitfalls – Making it Legal 16 November 2010
Rainbow’s End: Doing the Deal 2 November 2010
PV Pitfalls
Making it Legal
Sonya Bedford
Head of Renewable Energy
Stephens ...
PV Pitfalls – Making it Legal 16 November 2010
PV Pitfalls – Making it Legal 16 November 2010
Legal Considerations
• Proper professional advice essential before
committi...
PV Pitfalls – Making it Legal 16 November 2010
• Look to obtain share of revenues/royalty as well as a
simple ‘rent’
• Int...
PV Pitfalls – Making it Legal 16 November 2010
PV Pitfalls – Making it Legal 16 November 2010
• ‘Restoration’ considerations. Sinking
fund/bond?
• Disruption of farming/...
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 su...
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: ren...
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PV Pitfalls - Making it Legal. Sonya Bedford (Stephen Scowns Solicitors)

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

  1. 1. PV Pitfalls – Making it Legal 16 November 2010
  2. 2. Rainbow’s End: Doing the Deal 2 November 2010 PV Pitfalls Making it Legal Sonya Bedford Head of Renewable Energy Stephens Scown
  3. 3. PV Pitfalls – Making it Legal 16 November 2010
  4. 4. 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
  5. 5. 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
  6. 6. PV Pitfalls – Making it Legal 16 November 2010
  7. 7. 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
  8. 8. PV Pitfalls – Making it Legal 16 November 2010
  9. 9. 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.
  10. 10. PV Pitfalls – Making it Legal 16 November 2010
  11. 11. PV Pitfalls – Making it Legal 16 November 2010 Contact Sonya Bedford Head of Renewable Energy Tel: 01392 210700 Email: renewables@stephens-scown.co.uk
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