Renewable energy

The renewable energy sector is a complex area, constantly changing as new innovative products are brought to the market.

We provide comprehensive legal advice on all aspects of renewable energy but specifically solar development and battery storage, with development sites often comprising an element of both. As the technology advances we are seeing larger and more significant solar farms being developed across the South West and nationally. 

We have considerable experience acting not only for landowners who are looking to diversify their agricultural holdings but also for solar developers.

When acting for landowners we will help you identify and resolve any estate planning issues that may arise from transactions of this nature, including succession planning within the family or farming partnership. 

We have experience in assisting solar developers through the entire process from documenting heads of terms, the negotiation of the option and lease agreements ensuring that they are acceptable to the funders of the development and the negotiation of direct agreements with those funders, through to exercise of the option and subsequent build out of the site. Part of the negotiations will often involve multiple third-party landowners in order to ensure that the project can be connected to the National Grid or adequate access provided to the site. 

Biodiversity Net Gain/Phosphate offset

From November 2023 all new housing and infrastructure developments will require to show not only that they have a neutral effect on the environment, but that that they provide a compensatory habitat benefit of 10% more than the impact caused by the development. Additionally, developers have the challenge of overcoming the requirement to show that all developments are both phosphate and nitrate neutral in line with Natural England’s guidance.

Many developers will not be able to achieve the required benefits on site which gives rise to opportunities to landowners to set aside land to provide phosphate/nitrate neutrality or to offset habitats. For habitat offset the poorest quality land provides the greatest net gain! 

Whilst there are opportunities for landowners, this does involve entering into long-term arrangements and we can help you establish the risks, liabilities and rewards.