In Part 1 we looked at the nature of the Option granted by the landowner to the wind developer, which effectively placed the use of the land beyond the control of the landowner, often for relatively small sums of money, whilst the developer did what they needed to do to the land in order to get planning permission for their wind farm.
In Part 2 we considered the payment provisions, which again, contained many “ifs and buts”. The values looked impressive, but it became clear that the landowner might have to wait a long time for that money, if there was going to be any money at all. The wind developer can simply walk away if their plans do not come to fruition, and the landowner is left holding the pieces, which will not necessarily include the thirty pieces of silver.
Today I would like to look at…
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