The following Energy practice note Produced in partnership with Matthew Collinson provides comprehensive and up to date legal information covering:
There are a number of different legislative definitions of a ‘generating station’ depending on the context; however, for planning purposes the phrase will generally be given its natural or ordinary meaning, with the caveat that section 235 of the Planning Act 2008 (PA 2008) imports the inclusive definition from section 64 of the Electricity Act 1989 (EA 1989) for all purposes except in Part 11. In all other parts, in relation to a generating station wholly or mainly driven by water, ‘generating station’ includes all structures and works for holding or channelling water for a purpose directly related to the generation of electricity by that station.
Onshore power station applications at or below 50 MW are considered by the local planning authority in the normal planning regime (ie Town and Country Planning Act 1990 (TCPA 1990) and Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997)).
They do not require consent under the EA 1989, s 36 for their construction, extension and/or operation but will be subject to the requirement for a generation licence or exemption under ss 4–6.
The National Planning Policy Framework (Department for Housing, Communities and Local Government, March 2012) (NPPF) states that local planning authorities should support renewable energy projects, although
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This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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