LEGAL EAGLES
FEATURE SPONSOR
EAST YORKSHIRE WIND FARM PROJECT Allowing an energy company
to build a windfarm on your land can be a great investment – providing you and your family with index linked returns over the long term
Making deals with energy companies can be risky, which is why it is so important that you get your legal agreements right from the start.
HOW IT WORKS The legal structure and arrangements between landowners and energy companies tend to follow a similar process:
1. The landowner will grant the energy company an exclusive option to lease a site under agreed terms, within a limited time period
2. With this option in place, the energy company will apply for relevant permissions, and start the planning/development process
3. The energy company calls for the lease, and the landowner grants it on the terms agreed
4. The energy company builds the wind farm/solar array/biomass plant, and pays the landowner during the lease period
CASE STUDY SJP Law’s specialist renewable energy solicitors helped an East Yorkshire farmer to develop a windfarm on his land.
“I was approached by a national energy company who wanted to build wind turbines on my land. At the time, working as an organic farmer in East Yorkshire, wind turbine renewable energy was quite revolutionary and although very interested, I was unsure how to proceed. That’s when I contacted the Renewable Energy Team from SJP Law.”
SUPPORT EVERY STEP OF THE WAY “Andrew Procter and Claire Charman from SJP Law have supported me every step of the way. In the early stages, Andrew was able to draw up the terms and agreements with the energy company and agree a lease for access to my land. Later, Claire made sure that I was recompensed for loss of earnings whilst the wind turbines were constructed in the fields.
“The building work started during a very wet winter and initially the contractors made a mess of my land however once completed the site was returned to a satisfactory condition.
“The contractors were used to building big civil projects and not having to worry about the land. They brought all their heavy machinery across my fields and broke the clay drainage pipes in the ground. I only discovered the extent of the damage when, during combining, the combine started to sink. A problem I would not normally have encountered.”
SIGNING OFF THE PROJECT “Claire made sure that the energy company corrected the damage before the end of the project. Claire also made sure, before the project was finally signed off by the project surveyors, that certain access points to the main drainage dyke on my land were constructed over new drainage ditches to enable me to gain access with my tractor in order to keep them clear.
“Now when I’m in the fields in my tractor I enjoy watching the wind turbines turning round. It’s similar to having eight combine harvesters going all year round and yet I don’t have to worry about the maintenance.
SJP Law
66
www.windenergynetwork.co.uk
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