Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 293
Offshore Wind Worldwide 2023
6. REAL ESTATE
6.1 Rights over land to be secured
An offshore wind developer in England and
Wales will need to secure the following land
rights:
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6.2 Costs and risks of legal challenges
The rent payable in respect of an operational offshore wind farm in England and
Wales is typically calculated by reference to
a percentage of gross developer turnover,
subject to a floor if the wind farm is generating below a minimum output level.
• seabed rights for the site of the offshore wind farm in the form of an
Agreement for Lease and then Lease
granted by The Crown Estate;
• seabed rights for the corridor of the
offshore wind farm transmission cable
in the form of a Transmission Agreement for Lease and then Transmission
Lease granted by The Crown Estate;
and
• land rights for the onshore corridor of
the transmission cable and the substation connection of the transmission
cable to the Great Britain transmission
network, typically in the form of a lease
granted by the freeholder or leaseholder of the relevant land.
See section 2.2 above for a summary of The
Crown Estate’s Round 4 offshore wind leasing round, through which seabed rights for
the wind farm and transmission connection
are granted, and the related HRA process.
Once awarded, a lease of seabed rights
granted by The Crown Estate may only be
terminated in accordance with its terms.
