From large scale renewable schemes being promoted by the major utilities and developers, to the smaller “Farm Scale” opportunities, we have considerable experience in advising farmers and land owners who are looking to embark on renewables projects including:
- Bio mass
It is vital that landowners give careful thought to the impact of any proposed scheme on existing farming/business activities including any tenants rights, cross compliance rules and subsidy/grant schemes. Time spent at the outset weighing up the potential risks as well as the projected rewards will reap benefits in the long run.
The development of renewables projects by joint venture, with family members or neighbours, is now fairly widespread. This is particularly appropriate where a burn with ‘hydro’ potential forms the march between neighbours – a joint investment in the project can be a great way of unleashing the potential that one side alone might not have been willing or able to deliver.
Renewables projects can be very complicated and the documentation for them is lengthy and involved. We would be delighted to assist at any stage of negotiations, but it is always best to get legal input at the earliest opportunity, particularly to review the underlying legal title. Working with your accountants, we can prepare and manage the contracts for your project.
We can help you with all aspects of the law in relation to renewables projects in Scotland, including:
- Heads of terms
- Exclusivity agreements
- Development Option Agreements and leases
- Servitudes and wayleaves for pipes and cables
- Advising on water law and riparian rights
- Agricultural tenant’s interests in a proposed renewables scheme
- Joint venture contracts and arrangements
- Handling interests such as third party land needed for access roads or cables
- Getting consent to the project from your bank or lender
- Advising on loan agreements, guarantees and securities required for funding a project
If you wish to discuss any Renewable Energy matter, please call Craig Harvie on 01738 310047