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

    •  
    • PV Pitfalls Making it Legal Sonya Bedford Head of Renewable Energy Stephens Scown
    •  
    • 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
      • 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
    •  
      • ‘ 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
    •  
    • 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.
    •  
    • Contact Sonya Bedford Head of Renewable Energy Tel: 01392 210700 Email: renewables@stephens-scown.co.uk