As the number of renewable energy projects increases, more land managers will be affected by ancillary work required to enable these projects. It is essential that you negotiate the land rights before work starts. D&R has a team of infrastructure specialists who can advise you on what actions to take from the outset.
You may not have wind turbines, solar panels, energy storage or substations on your land, but land rights may be required from you to facilitate connections to the grid, access for delivery of components, or even agreements regarding noise levels. These rights potentially have value attached to them. If affected, you should instruct your specialist Agent to act on your behalf and note that developers usually pay your reasonable agent’s fees.
Key ancillary rights and areas to consider include:
Rights for Oversail and Overrun (Pinch Points) usually relate to strips of land that are essential for access to a project and have far greater value to the project than the negligible land value of the strip itself. Oversail – you own the airspace above your land and developers need permission (the land right) for turbine components to ‘oversail’ your land. As turbine blades are getting longer, the ‘oversail’ footprint increases.
Similarly, Overrun relates to the physical access to your property, where the wheels of the lorry will go. Your agent can advise you on the value of these rights and potential pitfalls.
Development limitations – be aware of the impact of turbines or infrastructure restricting what you can do with your land in the future. Who has control? Your agent can advise you on the extent and what is reasonable.
Faced with potential infrastructure issues?
- NFUS Members can contact the free Utilities Helpline on 0131 609 9717 or email nfusutilities@drrrual.co.uk (Non NFUS members wanting an initial conversation can contact the Edinburgh team on 0131 449 6212, or the Cumbria team on 01900 268 633.)
- In Cumbria, we have partnered with The Cumbria Farmer Network to provide a FREE helpline 01900 409 001 for members faced with infrastructure issues.
