Why access to wind farm development sites can't be taken for granted – cautionary tales of private rights and public roads
Of the many considerations involved in a wind farm development, or any proposed property development, appropriate access to the development site is critical. A wind farm may comprise several parcels of land. Just because one parcel of land within a wind farm site enjoys access rights does not necessarily mean the developer can use that access right to reach other parts of the wind farm. A failure to appreciate the nuances of the law governing access in this context can jeopardise a project, and the case law is scattered with cautionary tales. Two recent cases raise important points about access for wind farm developers.