This note outlines the principal legal, regulatory and commercial considerations for developing battery storage, electric vehicle (EV) charging and interconnector projects in England and Wales. It is prepared with reference to the London office of the firm, Holborn Gate, 330 High Holborn, London, WC1V 7QH.

Overview and market context

Battery storage, EV charging networks and interconnectors are core infrastructure for decarbonisation. Developers and investors must align project design with grid constraints, planning and safety regimes, and evolving market arrangements that enable revenue stacking (ancillary services, capacity, arbitrage and commercial contracts). Early technical and commercial modelling of revenues and constraints is essential to bankability.

Regulatory, consenting and connection considerations

• Planning and land rights: battery storage and EV charging installations often require planning permission; local planning authorities will assess visual impact, local highways effects and safety. On-street chargers need highways/traffic authority approvals; private forecourts and car parks may need landlord consents and wayleaves.
• Grid connection and system access: connectability with the Distribution Network Operator (DNO) or National Grid (for transmission connections) is critical; constraint, reinforcement costs and queue position materially affect project economics. Connection agreements, grid code compliance and potential curtailment risk must be negotiated and modelled.
• Licensing and market participation: participation in balancing and ancillary services requires registration and adherence to industry codes and settlement arrangements. Storage projects should consider how they will be treated for licensing and market rules and whether participation in the Balancing Mechanism, capacity market or other services is appropriate.
• Health, safety and environmental compliance: battery sites require fire safety planning, hazardous materials management and potentially Environmental Impact Assessment or permits depending on scale and location. EV chargepoint deployments must comply with electrical safety, accessibility and smart‑charging regulations.

Commercial structures and financing

Project documents should address allocation of construction and commissioning risk, connection and reinforcement cost sharing, power purchase agreements (PPAs) or merchant offtake arrangements, operations and maintenance, and decommissioning obligations. For interconnectors, parties will design commercial arrangements to manage cross‑border congestion, capacity allocation and FX or currency exposures. Lenders and insurers will require clarity on revenue streams, contracting counterparties, regulatory revenue mechanisms and asset security.

Practical checklist

1. Site due diligence: planning status, contamination, access, proximity to substation, fire‑service access.
2. Early engagement with DNO/ESO and local planning authority to establish connection options and consenting timetable.
3. Technical design aligned with market participation strategies (ancillary services, capacity markets, retail/offtake agreements).
4. Contracting strategy: EPC, connection agreement, grid code compliance, O&M, land and wayleave agreements.
5. Health, safety and environmental risk assessment including emergency response and hazardous materials handling.
6. Financial modelling and stress testing across different dispatch and price scenarios; secure certainty on revenue stacking assumptions for lenders.

Jurisdiction and sources

Key sources of official guidance and regulatory frameworks include:

• Ofgem (regulatory policy and licence information)
• National Grid Electricity System Operator (ESO) guidance and grid connection processes
• GOV.UK and the Department for Energy Security and Net Zero (policy and grant schemes)
• Planning Practice Guidance and the Planning Portal (planning and development consents)
• Health and Safety Executive (HSE) and the Environment Agency (safety, pollution control and permitting)
• Elexon and industry codes (BSC, Grid Code) for market and settlement arrangements

Developers and investors should integrate technical, commercial and regulatory planning from the start of a project lifecycle to manage consenting timetables, connection risk and revenue certainty. Projects with cross‑border elements require additional coordination with counterpart transmission system operators and careful contract design to address jurisdictional and currency issues.

General information only; not legal advice and not a substitute for advice on a particular matter.