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

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  • 1.  
  • 2. PV Pitfalls Making it Legal Sonya Bedford Head of Renewable Energy Stephens Scown
  • 3.  
  • 4. 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.
    • 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.  
  • 7.
    • ‘ 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.  
  • 9. 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.  
  • 11. Contact Sonya Bedford Head of Renewable Energy Tel: 01392 210700 Email: renewables@stephens-scown.co.uk