Energy

We advise on

Our work covers energy specific advice on:

District heat and energy sustainability schemes

• Regulatory issues and new legislation relating to energy generation, supply, distribution and transmission;
• Leases, Easements and Wayleaves.
• Service Contracts for outsourced O&M, metering, setting tariffs, and billing
• Schemes where risk shared between ESCO and management company;
• Retail Customer Supply Agreements;
• Concession agreements where ESCOs take on all risk
• Connecting to existing networks;
• Networks serving several developments
• Retrofitting and updating heat networks to improve efficiency levels;
• RP specific Supply Agreements;
• Agreements for private energy supply and export, off take and PPAs;
• Cooling; and
• Energy Performance Contracts;

M&A/Corporate

• Acquisition and Disposal of Renewable Energy Projects;
• Joint Ventures for development; and
• Shareholder arrangements for heatcos on multi-developer sites

Renewable energy project development

• Project Development Agreements;
• Lease Options, Leases, Lease Extensions, Easements and Wayleaves;
• Planning Permissions;
• Community Interest Companies;
• Development Consent Orders;
• Environmental Impact Assessments;
• Energy-specific Commercial Arrangements including grid connections; and
• EPC Contracts.

Finance

• Development and Project Finance;
• Loan Funding Structures; and
• Debt Restructuring.

Our experience

Our recent activity includes:

Heat schemes, sustainable energy strategy

• Acting for a large UK housebuilder in relation to an agreement with a large energy supply company whereby the parties enter into ESCO concession agreements for most of the housebuilder’s London’s developments with heat networks.  WS has acted on the real estate aspects (including negotiation of leases and other property documents and advice on the structuring of the development) of entering into these concession agreements for over 25 developments dating back to 2009.
• Similar instructions to act on the real estate elements of developments for housebuilders and housing associations negotiating concession and/or service agreements with large energy suppliers. These predominantly concerned gas-fired CHP heat networks (and more recently heat pumps) but also included acting for a major housebuilder on the completion of the first development scheme in a London Borough to access its decentralised energy network. This combined multiple elements including a local borough-owned ESCO, a private housebuilder, a third party owned heat supplier, and a rail crossing for the  heat pipework .
• Bulk Sales: Numerous examples of selling (in bulk) residential or commercial units to a corporate entity where such entity has required wholescale amendments to the standard form of supply agreement and/or terms of their proprietary interest in land. Including negotiating for scenarios where the customer ceased to be connected to the heat network and the repercussions of the same. We have also acted on the other side of such transactions i.e. the party taking the supply.
• Acting for developer clients connecting into existing district heating systems on third party owned neighbouring land. This has included negotiating bulk supply agreements, shareholders’ agreements, services agreements, design and build contracts and various property arrangements including leases, licences and deeds of easement.
• Acting for ESCOs, predominantly where such ESCOs are wholly owned by developer clients to carry out energy services on that client’s developments.
• We are currently advising on the Energy Centre Project for a leading UK institution. This is a landmark decarbonisation project for a national landmark and cultural institution involving a Grade I listed building in a conservation area and within the setting of numerous other listed buildings, and with considerable stakeholder interest. It is a complex project given the need to ensure that the landmark building is able to continue its operations throughout its development, and involves numerous applications to tie together introduction of new energy infrastructure including a new energy centre, renewables provision, substation infrastructure and relocation of various other operational assets for the institution. We are providing strategic planning legal advice on the applications, including audits, consideration of applicability of certain PD rights, S106 strategy and drafting.
• We advise existing large housebuilders and other clients such on energy policies in relation to large scale mixed use developments including planning obligations on achieving net zero, carbon off set obligations and District Heat Networks e.g. drafting for the creation of the DHN for Vauxhall, Nine Elms and Battersea Opportunity Area including connections future proofing etc.

Solar, battery, and smart grid development

• Acting for developers and operators of ground-mounted solar and battery assets where we have acted on the sale of over 1GW of solar developments since 2014 and 400MW of battery assets, we have advised on various solar development joint ventures such as Cleve Hill in Kent.
• We are currently acting on the real estate aspects of the development of a 100MWh battery project in Hampshire where we are advising on the Lease Option, substation lease, and cable easements as well as rights of way and in addition acting on its sale (by way of share sale) to a major UK infrastructure investor and operator
• Advising on the planning strategy for the purchase of an existing temporary solar park including the installation of solar panels, security fencing and cameras, landscaping and other associated works and cable route/trenching
• Acting for an independent connection provider (ICP) on construction contracts with a developer of solar farms to connect a solar farm to the distribution network
• Arrangement between a housing association and an energy scheme developer for the design, installation and operation of SmartGrid systems at its developments. The SmartGrid system uses energy generated from solar PV installed to supply power to occupiers, as well as integrating with electric vehicle charger and heat pump systems.
• Advising on the planning strategy for the sale/purchase of a battery storage development, construction, sale and operations.
• Our Parliamentary team regularly advises on Development Consent Orders for Nationally Significant Infrastructure Projects and has significant experience with applications for wind farms.
• Advising on EV charging leases for landlords