Member Article

Government loses FIT appeal

The Government have lost it’s High Court appeal against plans to change rates for Solar Feed-In Tariffs.

The decision will end uncertainly over the rates for systems installed since 12th December, and will give homeowners and organisations the opportunity to secure the high FIT rates for the next 25 years, as longas they meet the deadline on the 3rd March.

Libbie Henderson, partner in the Energy practice at Dickinson Dees Law Firm believes this news will have a positive impact in the short term for homeowners who meet the 3 March deadline to secure the current high FIT rates for the next 25 years.

However, the next stage of the consultation could include further changes to the FIT scheme, which may be to the detriment of homeowners.

She commented: These could include more significant reductions in the rates for new systems installed in subsequent years and/or shortening the period during which FIT will be paid.

“There is also the possibility that FIT rates for other technologies, such as wind turbines, may be reduced.”

The Court of Appeal’s decision has been handed down earlier than anticipted, so the report on Phase 2 of the scheme could also be pushed forward. Libbie believes that this could dissuade individuals from planning any projects from April onwards until they know what the future holds.

She continued: It is possible that the Court of Appeal decision may lead to further litigation and claims for compensation as a result of the Government’s actions.

“It is possible that the fall-out from the Government’s actions will continue for months to come.”

This was posted in Bdaily's Members' News section by Ruth Mitchell .