4. PV Pitfalls â 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. PV Pitfalls â Making it Legal 16 November 2010
⢠Look to obtain share of revenues/royalty as well as a
simple ârentâ
⢠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
7. PV Pitfalls â Making it Legal 16 November 2010
⢠âRestorationâ 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
9. PV Pitfalls â 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.
11. PV Pitfalls â Making it Legal 16 November 2010
Contact
Sonya Bedford
Head of Renewable Energy
Tel: 01392 210700
Email: renewables@stephens-scown.co.uk