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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 240717: The July 2024 King's Speech

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The King today delivered the King's Speech to Parliament outlining the new government's programme for the coming session with a very full list of measures, stating that “Securing economic growth will be a fundamental mission.” The note below provides further information.

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CAAV Website Note 240717: East Anglia Offshore Wind Farms - Judicial Reviews of Onshore Works

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The onshore works for the East Anglia One North and East Anglia Two offshore wind farms between the cable landing at Thorpeness and the connection point to the transmission system at Friston in Suffolk were subject to two separate claims for judicial review of the Development Consent Orders. The Orders included provisions for compulsory purchase. The claim made by Suffolk Energy Action Solutions was on the grounds that the Heads of Terms and the Option Agreements restricted landowners from...

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CAAV Note 240717: The July King's Speech - Headlines

Documents

The King today delivered the King's Speech to Parliament outlining the new government's programme for the coming session with a very full list of measures, stating that “Securing economic growth will be a fundamental mission.” The note below provides a summary most likely to be of interest to members.

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CAAV Note 240717: Further English Devolution to Mayors for Housing

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Labour's 2024 local government election manifesto (see Blog) enlarged on previous themes for using planning to promote development by looking to “sub-regional” mayors to deliver the housing targets to be set again by a Labour government. This is consistent with earlier discussion implying that planning for housing should be decided at a level higher than district council. Angela Rayner has written to council leaders across England. The note below provides further information....

Wales: Amended Notification Requirements for Poultry and Other Captive Bird Keepers

News

Coming into force on 1 September 2024, The Avian Influenza (Preventive Measures) (Wales) (Amendment) Regulations 2024 require the keeper of any number of poultry or other captive birds to notify the Welsh Ministers. Previously, the Regulations only required notification of flocks of over 50 birds. The new Regulations require a person who keeps poultry or other captive birds at any premises must notify the Welsh Ministers in writing of, among others:The address and the holding number of the...

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CAAV Note 240717: SDLT - Was a Bed and Breakfast Use Non-Residential? Hurst v HMRC

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The First Tier Tax Tribunal has upheld an appeal by Mrs Anne-Marie Hurst that the SDLT due on the purchase of Sortridge Manor in Devon should have been assessed using non-residential rates because of the vendor's use of part for bed and breakfast purposes, a marginal decision turning on the balance of the evidence. This decision is for SDLT applying in England and Northern Ireland but is likely to be relevant to LBTT in Scotland and LTT in Wales. The note below provides a summary of the case....

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CAAV Note 240715: Solar Farms - Government Gives Permissions

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This note reviews key sections of ministerial decisions on three large solar farm DCO applications covering around 6,500 acres:the Sunnica application for 2,700 acres in west Suffolk and Cambridgeshirethe Mallard Pass application for 2,100 acres in Rutland and South Kesteven – see decisionthe Gate Burton Energy Park application on 1,690 acres in West Lindsey – see decision...

Jeremy's Blog 12th July 2024: A New Government Takes Over

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 10th July 2024 We have crossed a threshold, now no longer in an election campaign nor the long shadow cast ahead of it. A large majority is taking office and beginning to find the difficulties of government. We welcome Steve Reed and Daniel Zeichner to their new roles in DEFRA and wish them well. Although Labour won describing the last government in terms of chaos, it is a moment to note some of what was put in place that now...

#64 - Will a change of government really mean change?

Resources

Last week, Labour won a landslide victory in the general election, despite the second lowest voter turnout since 1918. So what is that going to mean for the rural sector? Jeremy Moody, secretary and adviser to the CAAV, has been unpicking the Party’s manifesto promises and following the subsequent activity in Westminster.

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CAAV Note 260711: Wales - Dynamic Procurement of Advice

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The Welsh Government is to open a “dynamic purchasing system” (DPS) service for potential direct providers of advice to register now to be able later to tender to give advice under the Welsh Government's mantle. This note has more detail.

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Junior DEFRA Ministers

News

Two further junior ministers have been appointed to DEFRA to join the Secretary of State, Steve Reed, and Minister of State, Daniel Zeichner: Emma Hardy, Parliamentary Under-Secretary of State and MP for Kingston on Hull West and Haltemprice Baroness Hayman of Ullock, Parliamentary Under-Secretary of State in the Lords

240709: Poole Harbour Catchment - Nutrient Mitigation Credits from Natural England

News

Natural England have published details on how to apply for Nutrient Mitigation Credits for any housing development in the Poole Harbour Catchment area. The details set out who it eligible, how to calculate how many credits are required, the allocation and prioritisation of credits and how to apply for the Nutrient Mitigation Credits from Natural England. The first round of applications opens at 10am on 31st July 2024 and closes at 11:55pm on 27th August 2024. Full details can be found on the...

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CAAV Note 240708: Climate Change and Dairying

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Kite Consulting has issued a review of the costs of what dairying might need to do to adapt to advancing climate change, The Cost of Climate Resilience - Future Proofing UK Dairy. This note looks at the headline findings of the review.

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New DEFRA Ministers

News

Steve Reed was appointed as Secretary of State on Friday and, as of this morning (Monday 8th July), has Daniel Zeichner as Minister of State in DEFRA. Both held the equivalent shadow posts in opposition. Further appointments are expected soon.

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Jeremy's Blog 5th July 2024: Bigger Issues

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 4th July 2024 This last day of the 2024 general election allows a moment of wider reflection before the business of the new government takes attention. Speaking to the CAAV National Conference last Friday, Jack Bobo, Director of Nottingham University's Food Systems Institute, saw the next 25 years as the most important 25 years in the global history of agriculture, the period until the still growing world population starts...

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CAAV Note 240703: Electronic Communications Code - Code rights after failed 1954 Act claim? - Gravesham Borough Council v On Tower UK Ltd [2024] UKUT 151 (LC)

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Heard by the Upper Tribunal (Lands Chamber) as the appeal court to an earlier decision by the First Tier Tribunal, this decision examines whether an operator is entitled to apply for a new Code agreement under paragraph 20 of the Electronic Communications Code where its attempts to secure a new agreement under the Landlord and Tenant Act 1954 have been unsuccessful.

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CAAV Note 240703: Sewerage Discharges - Potential Liability to Watercourse Owner

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Manchester Ship Canal Company Ltd v United Utilities Water Limited No 2 [2024] UKSC 22 This is a Supreme Court decision on a principle of potential interest to all riparian owners of water courses and bodies of water as well as to sewerage undertakers. While confirming a common law right of action for nuisance or trespass in respect of discharges of sewage but did not consider whether any particular claim would be successful....

240701: England - Laying Hen Housing for Health and Welfare Grant Round 1

News

The Laying Hen Housing for Health and Welfare grant is available to add a veranda onto, or to upgrade or replace existing laying hen or pullet housing (for units over 1,000 birds) to improve animal health and welfare. The grant is up to 40%, between £15,000 and £500,000 per applicant business. The online checker can be used to make an initial online application. The online checker will close at 11:59pm on 18th September 2024....

Jeremy's Blog 28th June 2024: Can Development be Unlocked

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 27th June 2024 We really have to be careful what laws we write if we are not to be surprised by their effects.Here (and indeed in the USA), a surprising judgment sees the courts get attention when they have merely pointed out what the law says. In Finch v Surrey County Council, the Supreme Court has upheld, by 3 to 2, a judicial review of a 2019 permission for an oil well in Surrey because it had read Regulation 4(2) of the...

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240606: England - Landlord's Right to Rent Checks Guidance from 21st June 2024

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The Home Office has published updated Landlord's right to rent checks guidance with effect from 21st June 2024. Applicable to all residential landlords in England, the main updates from the previous versions of the guidance include:Right to Rent checks involving EEA citizens and their non-EEA family members with pre-settled status under the EUSS.Clarification on the role of the Department for Science and InnovationTechnology (DSIT), within the accreditation process of IDSPs and holding...

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CAAV Note 240625: CAAV Schemes Webinar - Q&A

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On 13th June, Jeremy Moody and Richard Sanders from the CAAV Secretariate gave a webinar looking at the future of agri-environment schemes in England, focused mainly on the details of the expanded Sustainable Farming Incentive scheme. A recording of the webinar is available to purchase on the CAAV website: CAAV - English Schemes Briefing - Recorded Webinar 2024 - The Central Association for Agricultural Valuers. Those looking for more general background to the expanded SFI offer should see...

Jeremy's Blog 21st June: Election Thoughts

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 20th June 2024 A governing party’s manifesto is taken more seriously than many might suppose. The civil service will be poring over it to establish the new policy directions, No 10 conventionally checks off the pledges as progress is made and the House of Lords defers to Bills for manifesto commitments. The political debate of an election campaign then dramatises points, advancing or avoiding proposals and being...

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CAAV Note 240620: Carbon Calculators - Agreement to Harmonise

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Three major farm carbon calculators, the Farm Carbon Toolkit, Cool Farm Alliance CIC and Agrecalc, have now agreed to harmonise their methodologies for calculating the greenhouse gas emissions from agriculture. This note has a brief overview of the agreement. The three calculators are holding a joint webinar for an hour on 11th September 2024 at 1pm....

Agriculture and Rural Communities (Scotland) Bill

News

The Agriculture and Rural Communities (Scotland) Bill has completed its Stages in the Scottish Parliament on 18th June and now awaits Royal Assent. As framework legislation, the practical detail for schemes is to come at some point in the Rural Support Plan.

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CAAV Note 240619: River Action v EA

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The High Court has handed down a judgement in a judicial review claim launched by the charity River Action: R (River Action) v Environment Agency [2024] EWHC 1279 (Admin). This note reviews the case.

EWCO Grant Deadline for Next Planting Season: 30th June

News

Potential applicants are reminded that England Woodland Creation Offer (EWCO) grant applications, aiming to plant in 2024-25, must be submitted by 30 June. This deadline does not apply to Woodland Creation Fast Track projects as these will be processed and an agreement issued within 12 weeks (60 working days) regardless of the time of year, as long as fast track eligibility criteria are met. More information is available here: England Woodland Creation Offer - GOV.UK (www.gov.uk)....

Jeremy's Blog 14th June 2024: Flooding Can Bring a Dark Legacy

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 13th June 2024 We can often overlook how much our landscape has been affected by mining. It is not just coal or Cornish copper and tin. Mining has left a history from the Neolithic flint mines at Grimes Graves and copper mines at Great Orme to today’s great underground granite aggregate quarry at Glensanda in the Highlands and the massive Woodsmith polyhalite mine being hewn under the North Yorkshire Moors. Our varied...

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240612: HMRC Publish List of Businesses not complying with Money Laundering Regulations

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HMRC has published a list of businesses fined in 2023-24 for failures to comply with Money Laundering Regulations, many of which were property related businesses in breach for not registering with HMRC. Members are reminded of the need to comply with the Regulations - see CAAV Note 9th May 2023 for an outline of the requirements. The obligation to register with HMRC or other AML requirements can be triggered by just one property transaction; so members should familiarise themselves with the...

Scam Emails

News

We are aware that some members have been receiving scam emails purporting to be from the CAAV offering either: A list of over 1,500 adding the AGM or A members list. They appear to be using publicly available addresses and, with a style echoing marketing agencies circulars, these are not from the CAAV. If you receive one of these scam emails, please delete it.

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Northern Ireland: Smoke, Heat and Carbon Monoxide Alarms Regulations 2024

News

The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) Regulations 2024 have been made. They come into operation for all new private tenancies from 1 September 2024 and for other private tenancies from 1st December 2024. Minimum numbers and placing of alarms are specified in the Regulations, which permit both hard-wired and battery sealed types, provided they are compliant with BS 5839-6 and BS 50292. Further guidance from the Department for Communities...

CAAV Office Internet Service Resumed

News

UPDATE: Service now resumed The internet service and access to the server at the CAAV Office, Harts Barn, is temporarily down. We are hoping service will be resumed by the morning of 12th June. Whilst we wait for service to be resumed there will be no access to emails. Apologies for any inconvenience this may cause.

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SFI 2023 CLOSURE DATE - 10 JUNE

News

DEFRA has announced that SFI23 will close for new applications at midnight on Monday 10 June. Any application that has already been started must be submitted within 60 days of starting. Applications for the expanded SFI offer will open fully later in the summer. To apply early and access the new range of actions, those interested can complete an expression of interest survey. Applications are then to be invited to apply over the next few weeks....

Jeremy's Blog 7th June 2024: Statutory Powers and Business Agreements

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 6th June 2024 It may be an obvious point when it is put directly that statutory powers override contractual rights and obligations, even those under an agreement with the state, while actions under a contract can change the legal status of land. Equally, an Act of Parliament and legislation under it only creates the powers that it creates; the state cannot just assume it has powers. While it clearly does not feel as...

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Infrastructure (Wales) Act 2024

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The Welsh Government has announced that this Act received Royal Assent on 3rd June 2024. The Act is to introduce a consenting process for infrastructure projects in Wales that mirrors the regime for Development Consent Orders under the Planning Act 2008 provisions. The CAAV Note of 29th July 2023 provides an overview of what was then the draft legislation. Subordinate legislation will be required to support the Act and provide for processes and other matters. The Welsh Government is consulting...

SFI 2023 Applications: Open Until Further Notice

News

Following earlier uncertainty (see this CAAV News Item), the RPA has now confirmed that the ability to generate and submit an application for the SFI 2023 offer will not be restricted on 6th June. Applications remain open until further notice.

SFI 2023 to Expanded SFI Transition (Updated)

News

It has been reported by some that agents on the RPA Helpline are advising that applications for the SFI 2023 offer are to close on 6th of June. The CAAV is working to clarify the position. The RPA stated in a blog earlier in the year that: While we’re implementing improvements to SFI and rolling out the new offer, we’ll temporarily manage access to the service from Thursday 6 June. SFI 2023 applications opened before that managed access starts might have established a place in the system...

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CAAV Note 240604: Finance No 2 Act 2024

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While the Finance Act introduced the measures immediately required for the Budget, the Finance No.2 Act 2024, given Royal Assent on the last day of the outgoing Parliament, is now published and enacts some further changes. This note provides a brief overview.

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Notice of CAAV AGM

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The CAAV gives notice to its members of the AGM on 28th June at 3.30pm following the close of its National Conference at the Hilton, St George’s Park, Burton on Trent. Please see below for the Notice of the AGM with its agenda and also the Report and Accounts for 2023 being presented to the meeting. Details of the National Conference and associated events are on this link with the booking form. Joining the AGM itself on-line can be booked on this link....

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240603: Consultation - Improving the effectiveness of the Money Laundering Regulations

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HM Treasury are running this consultation, with responses due by 9th June 2024, focussing on four core themes on improving the effectiveness of Money Laundering Regulations:Making customer due diligence more proportionate and effective;Strengthening system coordination;Providing clarity on scope of the Money Laundering Regulations;Reforming registration requirements for the Trust Registration Service. In tandem with the above mentioned consultation, HM Treasury are running a survey to better...

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240603: Infrastructure (Wales) Bill - Consultations on pre-application requirements and fees

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Following the introduction of the Infrastructure (Wales) Bill to the Senedd last year (see CAAV Note 28th July 2023), the Welsh Government has published two further consultations on proposed subordinate legislation:The pre-application consultation requirements as part of the Infrastructure (Wales) Bill and methods for engaging stakeholders and local communities. Responses to this consultation are to be submitted by 22nd July 2024.Fees to be charged, with it being intended that the consenting...

Jeremy's Blog 31st May 2024: Innovation in Farming

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 30th May 2024 Last week’s annual Field Day in Scotland on a vegetable farm across the Tay from Dundee saw a demonstration driverless tractor. A 150hp Agxeed diesel/electric tracked tractor was directed out of the building from a console, as though it were a drone. It could then work, driverless, to a programme in a predefined field, a next step in precision farming. Such technology, developing for some time, is beginning to...

Transition from SFI 2023 to the Expanded SFI - Scheme Rules

News

Members will be aware that from summer 2024, the Expanded SFI Offer is to open to applicants. This is to bring together SFI 2023 and many of the Mid Tier Countryside Stewardship options, with 102 actions to be available in total. Full detail is in our webnote of 21st May. Many of the existing SFI 2023 actions will be available under the new offer. The requirements for some of these, however, will be different under the Expanded 2024 offer (see the full list of actions here). This includes...

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CAAV Note 250528: Labour - New Towns Policy - Rayner Speech

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Angela Rayner, Deputy Leader and Shadow Levelling Up, Housing and Communities Secretary, has now said more on Labour's new towns policy when speaking on 21st May to the UKREiiF conference. This note looks at some key points from the speech.

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