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.
Property considerations for standalone battery projects
A patchwork of rights
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:
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the ability to delay taking a lease of the site until a time when relevant planning and permitting is in place, and
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greater security in investing resources
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