LAW
HEADS OF TERMS
The most important terms for both parties to consider when agreeing Heads of Terms are:
1 Rent
2 Control over the design of a wind farm
3 Restrictions on use 4 Assignability and financing 5 Decommissioning It is usual in support of
decommissioning for the developer to be expected to provide a decommissioning bond in which the developer lodges money with the bond provider, to stand as security that the site will be properly decommissioned.
RADAR A COMPLEX PROCEDURE
ENVIRONMENTAL AND TECHNICAL CONSIDERATIONS
Before proceeding the developer will need to establish that the proposed site satisfies all the environmental and technical requirements to support the wind farm.
Most developers will not want to incur the time required to carry out a full site investigation, surveys and applying for planning consent without knowing that the landowner will grant a lease of the land.
A common way of achieving this is for the landowner to grant the developer an option for a fee to call for an agreed form of lease.
The option will grant a developer exclusivity during the option period – usually between five and seven years subject to extension – and will include certain restrictions on use during the option period that would interfere with the wind farm.
Getting the finance and consents in place to build a wind farm is a complex business which requires a lot of work to be done before construction can start.
This includes:
1 Feasibility - assessment of the economic viability of the project including wind speed, cost of grid connection and cost of building access roads.
2 Scoping – consultation with various parties including local planning authority, local community groups, statutory consultation/consultees.
3 Planning and environmental impact assessment. If the proposal is viable and acceptable to key organisations the EIA is to be submitted with the planning application.
4 Settling capital arrangements; connecting to the grid; acquiring wayleave rights to lay the cable to the sub-station or grid connection point; and arranging the power purchase agreement.
Martin Collingwood Andrew Jackson Solicitors
www.andrewjackson.co.uk
e = See enhanced entry online
Lastly, wind turbines can have significant effects on radar. Aviation radar objections could sink a scheme. It is interesting to note that the various stakeholders - including the Government, MoD and RenewableUK - recently signed a further memorandum committing them to drive forward work to secure the necessary solutions to these issues. This is a positive development and we can only hope it will lead to the development of schemes which would otherwise have been prevented.
www.windenergynetwork.co.uk
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