1. PV Pitfalls – Making it Legal 16 November 2010

2. Rainbow’s End: Doing the Deal 2 November 2010
PV Pitfalls
Making it Legal
Sonya Bedford
Head of Renewable Energy
Stephens Scown

3. PV Pitfalls – Making it Legal 16 November 2010

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. 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. PV Pitfalls – Making it Legal 16 November 2010

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. PV Pitfalls – Making it Legal 16 November 2010

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. PV Pitfalls – Making it Legal 16 November 2010

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