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Scottish Energy & Clean Tech

Commercial Renewable Energy Practice

Accelerating Scotland’s Clean Energy Infrastructure

Scotland’s world-class renewable resources make it a global hub for clean energy capital deployment. Developing onshore wind, utility-scale solar PV, green hydrogen, and Battery Energy Storage Systems (BESS) requires sophisticated legal navigation of Scots property law, planning appeals, Power Purchase Agreements (PPAs), and project finance bankability.

At Torquil Macleod & Co, our commercial energy solicitors in Inverness and Glasgow advise project developers, joint venture partners, clean-tech operators, and infrastructure investors.

We draft project option and lease structures, negotiate grid connection agreements with SSEN and Scottish Power, structure Corporate Power Purchase Agreements (CPPAs), and manage legal due diligence for project debt and equity refinancing.

Structuring Utility-Scale Wind, Solar or BESS Projects?

Developer & Funder Counsel

A renewable project is only as valuable as its underlying land security and grid connection rights. We ensure land options, option milestones, planning consents under Section 36, and grid servitudes are drafted to the highest institutional bankability standards to secure project financing without delays.

Consult Energy Team

Key Areas of Practice & Representation

Corporate Power Purchase Agreements (CPPAs)

Structuring long-term offtake contracts that underpin commercial project viability.

  • Sleeved, physical, and virtual/synthetic Corporate PPAs
  • Contracts for Difference (CfD) allocation round compliance
  • Route-to-Market agreements with major licensed energy suppliers
  • Balancing risk allocation, curtailment terms, and indexation

Project Finance & Bankability Audits

Ensuring land and grid documentation satisfies institutional funder due diligence.

  • Drafting Step-In Rights and Mortgagee Protection clauses in land leases
  • EPC (Engineering, Procurement, Construction) and O&M contract negotiation
  • Direct Agreements and collateral warranties with key contractors
  • Legal Due Diligence reports (Title, Planning, Grid) for debt syndicates

Grid Connection & Transmission Rights

Negotiating National Grid ESO and distribution network connection agreements.

  • Grid Connection Offers and Bilateral Connection Agreements (BCA)
  • Transmission network wayleaves and substation compound long leases
  • Shared grid connection infrastructure and private wire agreements
  • Contestable vs non-contestable grid works liability allocations

Joint Ventures & SPV Structuring

Corporate structuring for co-development, equity sell-downs, and community funds.

  • Special Purpose Vehicle (SPV) shareholder agreements and articles
  • Co-development agreements and developer earn-out milestones
  • Community Benefit Fund trust deeds and Scottish shared ownership schemes
  • Acquisitions and disposals of shovel-ready and operational energy assets

The 4 Phases of Renewable Energy Development

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1. Land Assembly & Option Execution

Securing multi-landowner options, cable servitudes, and environmental access rights.

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2. Planning & Section 36 Consents

Navigating local authority planning or Scottish Government Energy Consents Unit determination.

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3. EPC, PPA & Financial Close

Negotiating construction contracts, corporate PPAs, and closing senior project debt.

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4. Commercial Operation & Asset Management

Drawing down long-term leases, monitoring offtake revenue, and managing repowering options.

Scottish Renewables Planning Framework

Statutory overview and comparative framework under Scots Law

Project Scale Planning Authority Governing Legislation Typical Determination Timeline
Onshore Wind Under 50MW Local Planning Authority (e.g. Highland Council) Town and Country Planning (Scotland) Act 1997 6 – 12 months
Onshore Wind Over 50MW Scottish Government Energy Consents Unit (ECU) Section 36 Electricity Act 1989 12 – 24 months (Public Inquiry possible)
Battery Storage (BESS) Local Council or ECU (if over 50MW) Planning Act / National Planning Framework 4 (NPF4) 6 – 12 months
Overhead Grid Lines (132kV+) Scottish Government ECU Section 37 Electricity Act 1989 9 – 18 months

National Planning Framework 4 (NPF4) & The Global Climate Emergency

Scotland's NPF4 planning policy gives decisive weight to the Global Climate Emergency, creating a powerful presumption in favour of renewable energy development across Scotland, significantly strengthening developer planning appeal prospects.

Overcoming Wild Land Designations

Balancing biodiversity enhancement against wind turbine visual impact assessments.

BESS Safety Standards

Addressing battery thermal runaway risk assessments required by statutory planning consultees.

Frequently Asked Questions

What is a Corporate PPA (CPPA)?

A long-term contract between a renewable energy developer and a corporate buyer (e.g. major tech firm or manufacturer) to purchase electricity directly at an agreed price for 10–15 years.

What makes a renewable energy lease "bankable"?

A lease is bankable when it contains robust lender step-in rights, generous cure periods for default, no arbitrary landlord termination rights, and clear assignment permissions.

What are Community Benefit Funds in Scotland?

Voluntary developer contributions (standard benchmark: £5,000 per MW installed capacity per annum) paid into a local community trust to support Highland regional initiatives.

How is repowering handled in Scottish wind leases?

Repowering clauses allow developers to replace older turbines with taller, higher-capacity models at the end of initial 20–25 year operational lifespans, requiring revised option mechanisms.

Transparent Fees & Retainer Options

We provide structured transactional and milestone-based fee structures for renewable developers, with clear due diligence fee caps.

Instructing Partner

Robins Simon

Associates Partner

Direct partner supervision on all Scottish matters across our Inverness and Glasgow offices.

Schedule Call with Partner