Renewables

Renewables

Rural Renewable Energy

The Government is now striving to reach its renewable energy targets. At the same time renewable energy technology is becoming much more affordable. 

There is no doubt that energy generation is becoming an increasingly popular source of income for rural businesses across East Anglia. 

We are working with an increasing number of farmers and landowners across Cambridgeshire and Norfolk who are evaluating how best to react to approaches from energy developers who are eager to run energy projects on their land. Currently, these are primarily solar developments and battery sites to be used in conjunction with solar developments. However, we do also have experience of working with clients on commercially viable onshore wind projects and anaerobic digestive plants. 

 If you have been approached by a developer, either to sell part of your land or to place it under an option for a future renewable energy project, there are many different considerations and we can help to guide you through these, in particular: 


The Short Term

  • Agreements and obligations bestowed on a landowner when entering into an option agreement and what the landowner, needs to be aware of before entering these types of agreements 
  • Commercial considerations such as future proofing the landowner against additional professional costs which may come with these types of projects 
  •  Working with personal accountants to consider income streams and what vehicles or tax planning work needs to be undertaken at the outset to maximise your revenue 
  •  What obligation should be bestowed on your developer on your developer in the short term to ensure the developer does not impact on your or your tenants or farming of the property 

  • The Medium Term

  • The terms of lease and the covenants and obligations to be entered into as a landlord
  • The likely impact of those terms on your future use of the farm and how to maintain control of your farm whilst supporting the developer in the development of part of the farm
  • Crop loss
  • Direct Agreements which may be required by the developers funder to be entered in with you the landlord
  • The potential for surrender of part to enable the construction of a substation or other infrastructure required by the Distribution network Operator

  • The Long Term

  • Decommissioning security and how best to ensure your land is returned to you in a fit state for arable use or in event of it not being in a fit state, ensuring the necessary decommissioning security is in place to enable you to obtain recompense for the remedial works to be undertaken to put the property back in to work use
  • • Options to renew the existing lease arrangement, equipment sharing and deeds of variation


    We can advise on all types of legal agreements relating to the proposed project including:

  • Reviewing heads of terms for your renewable energy projects
  • Drafting, advising on, amending, and negotiating sale agreements, options and leases
  • Drafting, advising on, amending, and negotiating section 106 agreements if these are required in order to obtain planning permission for your project
  • Direct agreements with the developer’s funder
  • Decommissioning securities
  • Sublease and deeds of variation for infrastructure required by the Distribution Network Operator (DNO)
  • Assisting on transfers and head leases as part of your tax planning in the event of the renewable project being commissioned
  • Grid sharing agreements
  • Power purchase agreements and wayleaves.

  • If you would like an initial discussion about your situation and how we might be able to help please contact Daniel Ball on danielball@fraserdawbarns.com or call on 01553 666606

    Our Specialists

    Daniel Ball

    Solicitor, Partner - Wisbech

    Jenny Rushmer

    Solicitor, Partner - Wisbech

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    How can fraser dawbarns help you?

    An Experienced Agricultural Team

    The services of a good agricultural land lawyer and a good agent cannot be overstated. At Fraser Dawbarns LLP we have a dedicated Agricultural team with a wealth of knowledge, who can help you avoid some of the pitfalls.

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    Janet was excellent, very thorough, professional and pleasant to deal with. I have no problem with recommending her.
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    Call or email us today and find out how we can make your life easier. 

    Wisbech: 01945 461456
     
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    King's Lynn: 01553 666600
     
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