31 May, 2011

A Blog by Sonya Bedford, Head of Renewables at Stephens Scown solicitors.

An increasing number of landowners in the Westcountry are turning to small-scale rooftop energy generation.  At Stephens Scown we think it could be the start of a new phase in solar development activity and believe that many farmers are taking advantage of roof-space on both traditional and modern buildings that would otherwise be unproductive. 

Most installations at this stage appear to be barns close to potential grid connection points, as the process for getting planning consent for these circumstances is generally more benign than for larger-scale proposals for green fields. 

When considering using this type of energy generation that are a whole host of issues that property owners need to give careful consideration to.  For example what are your current electrical requirements and will the installation service your needs sufficiently? Generated electricity cannot be stored and - particularly in the case of dairies - during the winter it is likely that most electrical requirements will be during dark/dusk hours when there is no sunlight to produce electricity. 

Leasing roof-space for a solar power installation can take even more thought than constructing a ground-mounted system on a Brownfield or Greenfield site. Not only will you need to consider how to set it up you also need to think about what will happen at the end of the lease, for instance will you have the right to keep the panels or will you be obligated to remove them and return them to the installer? 

In a commercial context, the implications may be less than in a residential one but getting the right professional advice from surveyors, valuers, structural engineers and solicitors and insurers is still important. 

It's worth remembering that anything which results in a permanent structure, or any alteration to a building that materially affects its external appearance, may require planning permission. If the development is covered by permitted development rights, it will not be necessary to get permission. 

Permitted development rights apply to domestic micro-generation equipment including the installation, alteration or replacement of solar PV panels on buildings or on land within the curtilage of a dwelling. Detailed restrictions do apply but there are conditions to these rights, and they don't apply universally, so need to be carefully considered in each case. 

There are a lot of practical implications to think about too, including whether the roof is fit-for-purpose for an installation, access, standards of workmanship and accreditation, health and safety and fire risks, future plans for the building and whether you're able to personally use some of the power generated, as well as selling to the Grid. 

Legal implications might also include deciding responsibility for the maintenance of the fabric of the building, interaction with neighbouring properties, additional rights from third parties and negotiations with developers. 

Stephens Scown has a Beginner's Guide to rooftop solar power - email renewables@stephens-scown.co.uk to request a copy. 

For more information and advice about renewable energy and micro generation, contact Sonya Bedford at Stephens Scown. Visit www.stephens-scown.co.uk or call 01392 210700.

Sonya Bedford is Associate and Head of Renewable Energy at Stephens Scown. Sonya specialises in the agricultural sector helping farmers and landowners with acquisitions and disposal of farms and estates; farming tenancies and partnerships; land management and diversification. She has experience acting for landowners in the renewable energy field in particular options with wind farm developers and sustainable development.

 

Image source: pixor on www.flickr.com