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What's New

This What's New section is a quick one-stop shop to show you the most recent additions to the Members Area (log-in required) and News items.

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CAAV Note 240418: Scotland - Climate Change - Scotland Drops Interim Targets

Documents

After a report by the Climate Change Committee advised that Scotland’s interim target for a 75 per cent reduction in greenhouse gas emissions by 2030 was out of reach, the Scottish Government has today announced that it is dropping the target while keeping the 2045 net zero target. This note looks at the policies announced with the change.

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240417: Guidance on Nationally Significant Infrastructure Projects Published

Documents

The Department of Levelling, Housing and Communities has published its National Infrastructure Planning Guidance. Aimed at assisting acquiring authorities, local communities, landowners and those professionals advising, the guidance is set out to outline best practice, statute and case law for the different phases of a National Significant Infrastructure Project (NSIP) under the consenting regime of the Planning Act 2008....

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SI 2024/477 The Compulsory Purchase of Land (Vesting Declarations and Land Compensation Development Order) (England) (Amendment) Regulations 2024

Documents

These Regulations make changes following the compulsory purchase reforms in England made by the Levelling Up and Regeneration Act 2022 (see CAAV webnote of 22nd February 2024). Taking effect from 30th April 2024, the regulations amend The Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017 and The Land Compensation Development (England) Order 2012, with the main changes being: Form 2 (form of notice specifying land and stating effect of general vesting declaration)...

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SI 2024/473 The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024

Documents

These Regulations make changes to the prescribed forms in England following the compulsory purchase reforms made by the Levelling Up and Regeneration Act 2022 (see CAAV webnote of 22nd February 2024). The changes take effect from 30th April 2024 and substitute the forms in The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 as follows: Forms 7 – 9 and 10 – 12 (prescribed notices) have been updated to require the inclusion of website addresses on statutory...

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CAAV Note 240414: Climate Change - ECHR Decision - Klimaseniorinnen

Documents

The European Court of Human Rights has given a judgment in which it substantially develops its legal reach in the context of climate change. The case of Swiss Klimaseniorinnen, that Switzerland had not made adequate provision to mitigate climate change by measure to reduce greenhouse gas (GHG) emissions, was upheld. This note provides an overview....

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CAAV Note 240412: Scotland - 30x30 Legislation - Consultation

Documents

The Scottish Government has opened a consultation into legislative proposals to better manage and extend protected sites, as well as proposals to manage land for the delivery of the target to manage 30% of Scotland’s land area for nature by 2030. This note provides a summary.

Jeremy's Blog 12th April 2024: Agricultural Landlord and Tenant Code of Practice for England

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 12th April 2024 The Agricultural Landlord and Tenant Code of Practice for England was published on Monday. It is a voluntary Code for all parties to tenancies (that is, landlords and tenants) and their advisers, giving guidance as to approach, conduct and behaviour. It looks to support good relationships and help where difficulties arise. Intended to improve practice, it does not change the law or alter any contract and...

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CAAV Note 240409: England - Farming Recovery Fund

Documents

DEFRA has opened a Farming Recovery Fund for farmers who suffered uninsurable damage to land during Storm Henk. It supports the cost of reinstating land which flooded between 2 and 12 January. This note provides more information.

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CAAV Note 240409: Scotland - Housing (Scotland) Bill - An initial review

Documents

Introduced into the Scottish Parliament on 26th March 2024, this Bill sets out a range of proposed changes for the let residential sector in Scotland. Although the ‘New Deal for Tenants’ consultation (see link) considered a broader range of proposals, including a pan-tenure approach to rent control and evictions that could include agricultural lettings, the Bill has a narrower focus largely on private residential tenancies. This note offers an initial review of the Bill as it relates to...

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240408: Agricultural Landlord and Tenant Code of Practice for England

Documents

The Agricultural Landlord and Tenant Code of Practice for England has been published today. This voluntary Code has been endorsed by the CAAV as well as ACES, ALA, CLA, ILG, NFU, NFYFC, RICS and TFA and is published under the mantle of the Farm Tenancy Forum with blessing from DEFRA as a support for good practice in the let sector. The CAAV has also updated its model FBTs for England to refer to it. These revised versions are also being issued today....

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CAAV Model Farm Business Tenancy (England) (V10B)

Documents

The CAAV has updated its two model FBTs for England: A larger one more suitable for longer term and equipped holdings A shorter one drafted for agreements of two years and less, likely to be bare land holdings These are offered as templates that can be adapted using professional judgment to best record the business agreement between the parties. Having been updated last year to take account of England’s de-linking, they have now been revised to: refer to the Agricultural Landlord...

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CAAV Model FBT for 2 years or less (England) (V4B)

Documents

The CAAV has updated its two model FBTs for England: A larger one more suitable for longer term and equipped holdings A shorter one drafted for agreements of two years and less, likely to be bare land holdings These are offered as templates that can be adapted using professional judgment to best record the business agreement between the parties. Having been updated last year to take account of England’s de-linking, they have now been revised to: refer to the Agricultural Landlord...

Jeremy's Blog 5th April 2024: Labour Says More About Planning

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 4th April 2024 Keir Starmer’s Labour Party (like the Conservatives in Canada) clearly feels it is working a rich electoral vein in positioning itself as the advocate for more housing, while other parties carve up the opponents between them. Following his references in the autumn to “bulldozing” the planning system for England, the document issued for the launch of its local election campaign suggest that...

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CAAV Note 240404: England - Invalid s.21 Notice on Failure to Provide Gas Safety (Byrne v Harwood-Delgado)

Documents

Although not binding as a County Court decision, this decision provides a warning to landlords who do not comply with s.21A of the Housing Act 1988, which sets out legal requirements for a landlord who is seeking to regain possession using s.21, the “no fault” ground. One such requirement is for the tenant to have been provided with a valid gas safety certificate at the start of the tenancy. The note below provides a summary of the decision....

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