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Home > Insights > Navigating Green Energy Policies: Insights for Southeast Farmers

  • Insights
    Insight - Agriculture and Rural, Property and Conveyancing - POSTED: November 18 2024

    Navigating Green Energy Policies: Insights for Southeast Farmers

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  • green tractor in a field harvesting its crop
  • The new Labour government’s green energy initiatives present both potential benefits and hurdles for the agricultural sector. In navigating these changes, obtaining legal advice will be crucial for farmers to protect their interests and make informed decisions.

    Embracing green energy

    Labour plans to make Britain a “clean energy superpower” by increasing green energy investments, tackling climate change, and hastening the transition to a low carbon economy.

    Key elements of Labour’s plans include:

    • Championing British Food: Labour stated they will set a target for half of all food purchased across the public sector to be locally produced or certified to higher environmental standards. This could benefit Southeast farmers because the push for locally sourced food in the public sector could increase demand for locally produced agricultural products.
    • Improved Land Use Framework & Land Management Schemes: The manifesto states that Labour will introduce a land use framework and make environment land management schemes work for farmers and nature. This, in turn, could provide financial incentives for sustainable farming practices. We eagerly await further information from the new government on the details of these changes.
    • Clean Power Initiatives: Labour stated in their manifesto that they aim to double onshore wind, triple solar power, and quadruple offshore wind by 2030. They also plan to establish a publicly owned energy company called Great British Energy which would invest in renewable energy projects.   Such initiatives will increase opportunities for farmers to lease land for use for wind turbines or solar farms or to generate their own renewable energy.

    Protecting Farmers’ Interests

    Labour’s plans for increasing the proportion of British-produced food purchased by the public sector should increase opportunities for local farmers to sell their products to schools, hospitals and other public sector entities.

    When considering the possibility of making land available for energy projects, or any other form of alternative land use, farmers must carefully assess the terms of any associated land lease agreements, as well as any partnerships terms with the relevant energy company.  The associated agreements can be complex but through careful planning and negotiation farmers can ensure they receive appropriate compensation in exchange for their rights as well as retaining sufficient control over how their land is to be used. This can include understanding potential long-term obligations or exit clauses, which are critical in protecting farmers from unforeseen risks.

    Furthermore, disputes may arise over land use or energy projects, whether related to environmental concerns, land ownership, or contractual disagreements. In these cases, having a solid legal framework in place can help avoid lengthy and expensive litigation, ensuring that disputes are resolved efficiently.  Should formal dispute be unavoidable of course can also support you through those proceedings.

    In this process, legal advice will place a key role in ensuring that farmers are well positioned to take advantage of renewable energy opportunities while safeguarding their rights and interests. With the right support, farmers can play a pivotal role in the country’s transition to becoming a “clean energy superpower”. If you have any specific concerns or need more detailed information, a commercial lawyer can provide the guidance you need to thrive in this evolving landscape.

    This article was first published in the November 2024 edition of South East Farmer.

    This content is correct at time of publication

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Brachers LLP is a limited liability partnership (registered in England and Wales with the number OC336022), having its registered office at Somerfield House, 59 London Road, Maidstone, Kent, ME16 8JH. Brachers LLP is authorised and regulated by the Solicitors Regulation Authority (SRA No. 488062) and is authorised and regulated by the Financial Conduct Authority (FCA No. 708428) in respect of debt collecting, debt administration and insurance distribution activity.

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