EMPLOYEE RIGHTS IN ISLE OF MAN

Disputes over lighting rights for rural photovoltaic panels

The use of solar panel energy has dramatically increased within the UK over the past year. Renewable Energy Magazine recently concluded that the speed at which new solar sites were installed during 2020 amounted to a record-breaking year for UK solar generation. Solar panel technology is continuing to develop, and. . A right of light is an easement that gives a landowner the right to receive light through defined apertures in buildings on land. If an adjoining owner. . This case shows the potential for the court to protect the access of light to solar panels, albeit in a planning context. The case involved an. . It is generally understood that solar panels do not satisfy the criteria for acquiring a right of light. Indeed the Law Commission Report (3 December 2014) gave its opinion that solar panels were unable to benefit from a prescriptive. . Medway is not entirely without precedent. In the case of Allen and Another v Greenwood the court held that a prescriptive right to light could be acquired by a greenhouse after more than 20 years. The court gave particular. [pdf]

FAQS about Disputes over lighting rights for rural photovoltaic panels

Who is responsible for a solar project in the UK?

Solar energy is expected to more than double by 2030 and will therefore continue to be a key part of the UK’s decarbonisation strategy. The main parties to solar projects will often include the: Developer (employer) – who obtains planning consent and finance for the project. Contractor – who is responsible for building the solar plant.

Do Solar EPC contracts have performance issues?

Performance issues and disputes will invariably arise from time to time. Solar EPC contracts generally provide fixed dates for project completion.

Does the law protect light owners?

owners. The law must continue to protect them. But it is essential that the law provides an appropriate balance between the protection of light and the development of the modern, high-quality residential, office and commercial

Do solar plant projects have performance issues?

While parties to solar plant projects will try to deliver complete and functioning assets, performance issues and disputes will invariably arise from time to time. Some common examples we see include issues relating to: Internal corrosion due to water ingress.

Who is involved in a solar project?

The main parties to solar projects will often include the: Developer (employer) – who obtains planning consent and finance for the project. Contractor – who is responsible for building the solar plant. Suppliers/manufacturers – who supply key plant and equipment used in the project, including panels, inverters and transformers.

What happens if a solar project is delayed?

Previously, delayed completion could cause a solar project to become unviable due to a failure to achieve accreditation for incentive payments. In early large-scale solar projects, this failure could result in the contractor having to remove all plant and equipment and reinstate the site at its own cost.