I’m thinking about diversifying into renewable energy There’s been a lot of publicity around this – some good, some bad, some untrue, some exaggerated etc. However, it’s clear firstly that energy security is now in sharp focus. Secondly, that it makes sense to diversify into renewable energy due to the savings available.There is an incredible range of possibilities available.Some projects can be small like installing a few solar panels on a roof.Others can be complex projects involving developers, grid connections, Power Purchase Agreements, and planning permissions.Even the simple projects can require unexpected legal complications. For example, getting lenders to consent to works, your tenants to agree to such works, applying for planning etc.If you’re looking at this tab then you may already have a project in mind. Do feel free to click on the “Get in Touch” tab above and we can have a chat with you about your possible project. I’ve been approached by a developer of an energy project. What should I do? The first thing to do if you’re approached by a developer is to understand the kind of project they intend to complete, and the rough extent of land they will require to do it.Although initial discussions with a developer are unlikely to be binding, it’s really important that you get some professional advice as early as possible. Developers – quite understandably – have their own interests to prioritise and so you need someone in your corner before you start accepting some key terms.Therefore, we’d recommend your first call is to seek advice from a surveyor with specific energy experience – they are worth their weight in gold. We work with some excellent surveyors in the energy sector so can gladly provide their details.Although you don’t usually need to instruct solicitors until you and your surveyor have pinned down the key terms into what is called the “Heads of Terms”, from experience, it’s really useful to be brought into the conversation at an early stage.A 2024 example of the benefits of bringing us into the conversation early was that we were able to have a restrictive covenant removed from the landowner’s title by way of a successful application to the Upper Tribunal (Lands Chamber) before the Heads of Terms negotiation had been concluded. The covenant would have otherwise prohibited the developer’s proposed energy project.Do feel free to click on the “Get in Touch” tab above and we can have a chat with you about this possible project. What’s the current situation with wind turbines being allowed again onshore? In July 2024, the UK government revised planning policies to place onshore wind projects on equal footing with other energy developments (such as battery and solar), removing the previous restrictions which had been in place since 2015 and limited their expansion. This policy shift aims to double onshore wind capacity to 30 GW by 2030, contributing to the goal of decarbonising the electricity system by that year.The shift in policy means that energy developers are keen to find land which suitable for wind farms in order to take advantage of the new opportunities available.Since the lifting of the onshore wind farm de facto ban, we’ve now acted for a landowner who has exchanged an Option Agreement for a sizable onshore wind turbine project and looking forward to more of these coming through.If you have been approached by a developer in this regard and want further information, please do not hesitate to get in contact with us on the above “Get in Touch” Tab. What rights does a substation have to be on my land? The presence of an electricity substation on your land is typically governed by specific legal agreements between yourself (or the previous owner of your land) and the electricity network operator. These agreements grant the operator the necessary rights to install, maintain, and access their equipment. The primary types of agreements include:Freehold or Leasehold: For substations, operators often prefer to acquire a freehold interest (outright ownership) or a leasehold interest (a lease for a specified period) over the land where the substation is situated.Easements (Deeds of Easement): An easement grants the operator a permanent right to use a portion of the land for specific purposes, such as laying cables or accessing equipment.Wayleave Agreements: These are personal agreements between the landowner and the operator, permitting the installation and maintenance of equipment like overhead lines or underground cables.In situations where a voluntary agreement cannot be reached, electricity network operators may have statutory powers to apply for compulsory rights to ensure the continuity and expansion of the electricity network. However, these measures are typically considered a last resort and they must comply with strict procedures before being able to exercise these powers.Some electricity network operators can be quite insistent about rights that they may not actually possess so it’s worth having a discussion with us to validate any claims being made. Please do feel free to click on the “Get in Touch” tab above and we can have a discussion about their rights. What rights do I have regarding telecoms masts? A telecoms mast is already on my land. How do I get rid of it? If you have a telecoms mast on your land and you want to get rid of it, the first thing to do is locate your copy of the agreement with the operator. What rights the operator will have will be determined by the date and nature of the agreement. It’s a particularly complex area and a lot will depend on the nature of the agreement with the telecoms operator, the date, the operator itself, whether the site is operational.If the agreement is deemed an Electronic Communication Code agreement, then it will not be straightforward to end, it will continue – despite the end date in the agreement – despite serving a notice to quit – despite exercising a break clause – even forfeiture… until terminated in according with the Electronic Communication Code.Even if possible to terminate under the Code, there is still an 18 month period to lapse and a risk of litigation if the operator serves a counter notice.If successful, the next separate hurdle is then how to have the mast infrastructure removed.So, in conclusion, it’s not easy… We suggest you find your agreement as a starting point and then come and have a chat with us. We’ll take you through this step by step. Any queries, feel free to click on the “Get in Touch” tab above. A telecoms company wants to erect a mast on my land Telecoms masts are typically installed on land under agreements governed by the 2017 Electronic Communications Code. If a voluntary agreement is not reached, the telecoms company can apply for compulsory rights to install and maintain masts on your land.There are (broadly) two grounds for objecting the request for compulsory powers: you are planning to redevelop the property; or, if the prejudice to you outweighs the public benefit. Redevelopment gives a much better chance as it is hard for prejudice against one individual to outweigh the public benefit of high-quality networks. However, if redevelopment is to be used to oppose a mast, you must be able to produce evidence of that redevelopment and its progression to date.If powers are granted, you will be provided remuneration in the form of rent. The 2017 Code reduced the rental yield assessment to a “no Scheme” valuation rather than a market valuation – which meant a significant drop in rental value than had been the case before the 2017 Code. However, in 2024, a judgement by the Upper Tribunal (Lands Chamber) has enabled a better valuation metric so this is a positive step for landowners. However, the key point to mention is that the rent is another area that we recommend surveyors are closely involved. We can recommend some excellent surveyors for you.If you’re unsure about your rights or have been approached by a telecoms company, please reach out to us on the “Get in Touch” tab above and we can arrange a chat to discuss your options and review any agreements already in place.

Energy

Davies and Partners has a long established and well-respected history within the energy sector. Davies and Partners has acted on behalf of developers and landowners on multi-million pound energy projects, been a utility company’s legal provider for all their new connections for a significant number of years, and has a team of specialists offering exceptional legal support for all elements of the the ever-evolving nature of the energy sector.

Energy Types

Our energy team has built upon years of experience in acting for the broad range of energy development types including; solar, battery storage, wind, gas peaking plants, energy from waste, EV charging. We act for developers in securing the land rights ahead of obtaining planning permission and obtaining a grid offer before then being granted their lease or freehold transfer of the site.

Landowners

We act on behalf of landowners regarding the broad range of energy development types including; solar, battery storage, wind, gas peaking plants, energy from waste, EV charging points. We offer tailored support as is required to ensure that the landowner’s interest in the site itself as well as the land they retain is protected. There are key considerations when negotiating these documents that a landowner will need to be aware of and advised accordingly.

Planning

Planning for energy projects is particularly complex and includes section 106 Agreement negotiations as well the separate regimes depending on the size of the development – whether it is a National Significant Infrastructure Project or subject to the usual planning route.

Construction

Our construction specialists within this sector are able to advise you on the EPC Contract and other development contracts for energy projects.

Corporate Structuring

Whether incorporating Special Purchase Vehicles or negotiating share purchase agreements in respect of project disposals, our corporate specialists can advise and negotiate these on your behalf.

Our corporate team can also provide advice on power purchase agreements or grid sharing options.

Our real estate team and the corporate team work together regarding securing funding on projects whether pre or post energisation.

Utilities and third party land

We act for developers, utility companies and third parties in energy projects acquiring the necessary rights over third party land and securing substation leases, transfers and wayleaves;

FAQs

We, at Davies and Partners, have many years’ experience in this broad and exciting sector. Click on the link below that most suits your situation:

I just need some contact details

Absolutely. Scroll down or click on “View Team” above. Please do give us an email by clicking on the “Get In Touch” tab that’s on your top left hand side.

I’m a landowner

I’m thinking about diversifying into renewable energy

There’s been a lot of publicity around this – some good, some bad, some untrue, some exaggerated etc. However, it’s clear firstly that energy security is now in sharp focus. Secondly, that it makes sense to diversify into renewable energy due to the savings available.

There is an incredible range of possibilities available.

Some projects can be small like installing a few solar panels on a roof.
Others can be complex projects involving developers, grid connections, Power Purchase Agreements, and planning permissions.

Even the simple projects can require unexpected legal complications. For example, getting lenders to consent to works, your tenants to agree to such works, applying for planning etc.

If you’re looking at this tab then you may already have a project in mind. Do feel free to click on the “Get in Touch” tab above and we can have a chat with you about your possible project.

I’ve been approached by a developer of an energy project. What should I do?

The first thing to do if you’re approached by a developer is to understand the kind of project they intend to complete, and the rough extent of land they will require to do it.

Although initial discussions with a developer are unlikely to be binding, it’s really important that you get some professional advice as early as possible. Developers – quite understandably – have their own interests to prioritise and so you need someone in your corner before you start accepting some key terms.

Therefore, we’d recommend your first call is to seek advice from a surveyor with specific energy experience – they are worth their weight in gold. We work with some excellent surveyors in the energy sector so can gladly provide their details.

Although you don’t usually need to instruct solicitors until you and your surveyor have pinned down the key terms into what is called the “Heads of Terms”, from experience, it’s really useful to be brought into the conversation at an early stage.

A 2024 example of the benefits of bringing us into the conversation early was that we were able to have a restrictive covenant removed from the landowner’s title by way of a successful application to the Upper Tribunal (Lands Chamber) before the Heads of Terms negotiation had been concluded. The covenant would have otherwise prohibited the developer’s proposed energy project.

Do feel free to click on the “Get in Touch” tab above and we can have a chat with you about this possible project.

What’s the current situation with wind turbines being allowed again onshore?

In July 2024, the UK government revised planning policies to place onshore wind projects on equal footing with other energy developments (such as battery and solar), removing the previous restrictions which had been in place since 2015 and limited their expansion. This policy shift aims to double onshore wind capacity to 30 GW by 2030, contributing to the goal of decarbonising the electricity system by that year.

The shift in policy means that energy developers are keen to find land which suitable for wind farms in order to take advantage of the new opportunities available.

Since the lifting of the onshore wind farm de facto ban, we’ve now acted for a landowner who has exchanged an Option Agreement for a sizable onshore wind turbine project and looking forward to more of these coming through.

If you have been approached by a developer in this regard and want further information, please do not hesitate to get in contact with us on the above “Get in Touch” Tab.

What rights does a substation have to be on my land?

The presence of an electricity substation on your land is typically governed by specific legal agreements between yourself (or the previous owner of your land) and the electricity network operator. These agreements grant the operator the necessary rights to install, maintain, and access their equipment. The primary types of agreements include:

Freehold or Leasehold: For substations, operators often prefer to acquire a freehold interest (outright ownership) or a leasehold interest (a lease for a specified period) over the land where the substation is situated.
Easements (Deeds of Easement): An easement grants the operator a permanent right to use a portion of the land for specific purposes, such as laying cables or accessing equipment.
Wayleave Agreements: These are personal agreements between the landowner and the operator, permitting the installation and maintenance of equipment like overhead lines or underground cables.

In situations where a voluntary agreement cannot be reached, electricity network operators may have statutory powers to apply for compulsory rights to ensure the continuity and expansion of the electricity network. However, these measures are typically considered a last resort and they must comply with strict procedures before being able to exercise these powers.

Some electricity network operators can be quite insistent about rights that they may not actually possess so it’s worth having a discussion with us to validate any claims being made. Please do feel free to click on the “Get in Touch” tab above and we can have a discussion about their rights.

What rights do I have regarding telecoms masts?

A telecoms mast is already on my land. How do I get rid of it?

If you have a telecoms mast on your land and you want to get rid of it, the first thing to do is locate your copy of the agreement with the operator. What rights the operator will have will be determined by the date and nature of the agreement. It’s a particularly complex area and a lot will depend on the nature of the agreement with the telecoms operator, the date, the operator itself, whether the site is operational.

If the agreement is deemed an Electronic Communication Code agreement, then it will not be straightforward to end, it will continue – despite the end date in the agreement – despite serving a notice to quit – despite exercising a break clause – even forfeiture… until terminated in according with the Electronic Communication Code.

Even if possible to terminate under the Code, there is still an 18 month period to lapse and a risk of litigation if the operator serves a counter notice.

If successful, the next separate hurdle is then how to have the mast infrastructure removed.

So, in conclusion, it’s not easy… We suggest you find your agreement as a starting point and then come and have a chat with us. We’ll take you through this step by step. Any queries, feel free to click on the “Get in Touch” tab above.

A telecoms company wants to erect a mast on my land

Telecoms masts are typically installed on land under agreements governed by the 2017 Electronic Communications Code. If a voluntary agreement is not reached, the telecoms company can apply for compulsory rights to install and maintain masts on your land.

There are (broadly) two grounds for objecting the request for compulsory powers: you are planning to redevelop the property; or, if the prejudice to you outweighs the public benefit. Redevelopment gives a much better chance as it is hard for prejudice against one individual to outweigh the public benefit of high-quality networks. However, if redevelopment is to be used to oppose a mast, you must be able to produce evidence of that redevelopment and its progression to date.

If powers are granted, you will be provided remuneration in the form of rent. The 2017 Code reduced the rental yield assessment to a “no Scheme” valuation rather than a market valuation – which meant a significant drop in rental value than had been the case before the 2017 Code. However, in 2024, a judgement by the Upper Tribunal (Lands Chamber) has enabled a better valuation metric so this is a positive step for landowners. However, the key point to mention is that the rent is another area that we recommend surveyors are closely involved. We can recommend some excellent surveyors for you.

If you’re unsure about your rights or have been approached by a telecoms company, please reach out to us on the “Get in Touch” tab above and we can arrange a chat to discuss your options and review any agreements already in place.

I’m a developer of energy projects

We have significant experience in acting for energy developers in securing land rights. Whether it’s onshore wind farms, grid scale solar, EV charge stations/ charge points, grid scale battery, gas peaking or gas distribution.

We’ve extensive experience in drafting and negotiating the required documents to secure these rights and the associated documents such as grazing licences, feedstock agreements etc.

Do feel free to click on the “Get in Touch” tab above and we can have a chat with you about your possible project.

I need help with the jargon

What does BMV land mean?

BMV land (Best and Most Versatile) refers to high-quality agricultural land classified as Grades 1, 2 or 3a. It is ideal for producing crops and protected under planning policies to prevent unnecessary development, prioritising sustainability and preserving valuable farmland for future agricultural use.

What is a power purchase agreement?

A Power Purchase Agreement (PPA) is a contract between an electricity producer (e.g., a solar or wind farm) and a buyer (e.g., a business or utility). The buyer agrees to purchase electricity at a fixed rate for a set period, providing predictable energy costs.

What is natural capital?

Natural capital refers to the world’s stock of natural resources, including soil, water, air, plants, and animals, that provide essential ecosystem services. The need for things like clean water, pollination, and carbon storage, support life, economic activities, and environmental health, make natural capital crucial for sustainable development and human well-being.

What are carbon credits?

Carbon credits are tradable permits representing the right to emit one ton of carbon dioxide or equivalent greenhouse gases. Companies or individuals purchase them to offset emissions by funding projects that reduce or remove emissions elsewhere, such as reforestation or renewable energy, supporting global efforts to combat climate change.

I’m not sure what “Biodiversity Net Gain” is

Biodiversity Net Gain (BNG) is an approach aimed at increasing the overall biodiversity of a site after development. It involves enhancing ecosystems through measures such as habitat restoration, creation, or protection, ensuring that the ecological value post-development is greater than or equal to its original state.

What’s a Heat Network?

Heat networks (also known as district heating) supply heat from a central source to consumers, via a network of underground pipes carrying steam and hot water. These networks provide an efficient, low-carbon method of heating; networks can cover a large area or even an entire city or be fairly local supplying a small cluster of buildings.