On Shore Wind Industry Legal Services

We have been involved in numerous on shore wind projects, from single turbine self-funded schemes to large developer-led wind farms. Our extensive knowledge of the industry, coupled with our agricultural expertise, means we can offer a unique service for landowners and developers, foreseeing practical issues and overcoming them quickly.

Recent subsidy and legislative changes have seriously affected the viability of on shore wind with many large schemes postponed or aborted. Our view, however, is that on shore wind is likely to see a resurgence at some point, particularly for schemes looking to use energy “on site” rather than to export it.

How we can help

• Corporate structures – many wind energy projects will be owned and managed by a corporate structure of some sort. Careful thought needs to be given to the right type of structure as it could affect the financial aspects of the project in future years. If there is more than one party managing the project, responsibility needs to be allocated to each and their liabilities made clear.
• Options and leases – as wind turbine schemes often have a long pay-back period, the content of options and leases needs to be clear and equally long-term.  It is not the case of accepting the first offer made as this may not be best long-term.
• Breakdown and maintenance issues - consideration needs to be given to the maintenance and repairs that may be needed to the turbines during their lifetime. Who will be responsible for them? How will access be gained to the site to carry out repairs and in what timescales should they be made? If units are out of commission for some time they will not be generating the returns required and this may affect project viability. Consideration also needs to be given to what happens at the end of the project – who owns the turbines and what should be done with them?