FCo Rural Estates Newsletter Spring 2022 - Flipbook - Page 4
1 – Preparing the ground for solar –
early considerations for landowners
Patrick Hammond
Head north out of King’s Cross and it seems that the countryside is
being smothered with solar panels. The country’s ambitious net zero
goals are driving the inexorable push for more green energy: the Climate
Change Committee has reported that the UK will need at least 40GW of
new solar capacity by 2030 if the government’s goal of net zero by 2050
is to be achieved. Given that there is currently only 14GW of installed
solar capacity, the scale of the challenge is plain to see.
Combine environmental drivers with the potential for landowners to obtain long-term
income streams and you can understand the appeal of solar development for rural estates.
There are many factors landowners must consider, but here are some starters for ten.
Self-build or lease?
Many landowners will install and run their own small-scale developments, with solar
panels on grain stores or small plots to satisfy the farm’s power demands and give the
bonus of a little export to the grid. For larger sites, the initial development cost is huge
and landowners typically grant an option to a developer who will take a lease of the site
once they have obtained grid connection consent and planning permission. This strategy
is much less risky for landowners as the cost (and risk) of getting planning is borne by the
developer, who will have the expertise and ability to ensure the development is financed
and constructed. Developers come in different shapes, sizes and characters and it is
essential to understand their track record. Bear in mind also that they are most likely to
assign any lease of the site as soon as they have built it (most are not operators).
Do you have a suitable site?
If you do, the chances are a developer is already sniffing about. Solar developments are
predominantly on flatter southern ground where there is less visual impact and the sun
tends to shine more brightly. Locations near large roads, rail or infrastructure can be
attractive because the additional visual impact is less. Alternatively, fields away from the
public gaze, which can perhaps be screened further by planting, can also appeal from a
planning point of view.
Solar developers have a long list of technical requirements as to what makes a site
viable – the size of the site, its proximity to the grid, grid capacity and the likelihood
of grid connection consent are all essential factors. However, landowners (as with any
development) need to be thinking about their own title to the land as early as possible. Are
there any restrictive covenants or overage arrangements on the land? Third party mineral
ownership (especially if there are rights of entry) can impede solar development. Can you
provide an access route to the nearest suitable public highway? Or the route for the main
cable to the site? Is the site crossed by a public footpath?
Tenancies
If the land is in hand, fine; but if it is tenanted, there is much to consider. First, the
solar developer will need to carry out various surveys and tests. Do you have sufficient
reservations in the tenancy agreement to permit the operator to do them or will you need
the consent of the tenant, who may be resistant to the idea of part of the farm being given
over to solar panels.
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Rural Estates Newsletter
Spring 2022