The following Energy practice note Produced in partnership with James Shawe of Eversheds Sutherland provides comprehensive and up to date legal information covering:
This Practice Note focuses on a ‘single landowner’ development where a new lease is granted for a stand-alone facility or where there is an existing lease in place and the battery storage facility is to be co-located on a site where the developer already has a lease. Several factors relating to land rights will need to be considered early in the project decision making process which will be relevant for developers of prospective battery sites as well as for developers who are looking for new development opportunities at existing sites. The key issues are discussed below.
Standalone battery storage developments typically involve a lease of the installation site with ancillary rights over the landowner’s retained land (the ‘Lease’). The Lease would usually be granted pursuant to an option agreement or conditional agreement for lease. Either of these routes would give the developer:
the ability to delay taking a lease of the site until a time when relevant planning and permitting is in place, and
greater security in investing resources in the planning and development process as they know that the battery site is secured without having to incur expenditure on rent during the pre-operational phase of the battery
Freehold acquisition of the installation site (likely pursuant to a conditional sale contract) would also function from a property law
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
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