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Jeremy’s Blog 2nd September 2022: Facing the Challenges

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 1st September 2022 We said for some years that the 2020s would be decade of change and challenge for rural work, partly as we make our own future outside the EU and partly with the major changes in world markets, public tastes, technologies and climate change. That was before the pandemic, global supply chain disruption and Russia’s invasion of Ukraine. Just as the mechanics of the global supply chains might be easing, the...

Avian Influenza: New Government Guidance on Mitigation in England and Wales

DEFRA and the Welsh Government have set out their policies and approach towards avian influenza in wild birds in their joint publication of 31 August 2022. Guidance to landowners, managers and organisations responsible for areas to which the public have access includes: preparing contingency plans in the event of an outbreak; communication and signage warning of the hazards of avian influenza and how people can protect themselves, kept and wild birds; and improved biosecurity. In a separate...

Jeremy's Blog 26th August 2022: Subsidy and Stasis

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 25th August 2022 There are some significant misperceptions about agricultural subsidies. An English landowner and farmer, explaining why he had now “re-wilded” a substantial area of very low yielding land, said it was a response to the coming withdrawal of subsidy for his crops. The mystery is that he has not had a subsidy for even general arable cropping since 2004; even the quirks of the Single Payment over set-aside...

Unauthorised Encampment: Amended Police Powers

Part 4 of the Police, Crime, Sentencing and Courts Act 2022 amended the Criminal Justice and Public Order Act 1994 to strengthen police powers over unauthorised encampments. The amendments create the offence of residing on land without consent in or with a vehicle (Section 60C), provided that: There is at least one vehicle (a caravan counts as a vehicle) on the land.The landowner, his representative or the police have asked that either the trespasser leaves the land or that he removes his...

Scotland: Neighbour Mediation Project

Scottish Mediation has announced a project to support mediation in 20 disputes between neighbours over the next 12 months. To be eligible for the free service, all parties must live in Scotland and be willing to participate in mediation. At least one party must be in private rented accommodation. More details are available on the Scottish Association of Landlords and Scottish Mediation websites....

Forestry Grant Schemes: Force Majeure Guidance

Following recent hot and dry weather, the Forestry Commission has published guidance on the force majeure provisions of grant agreements for tree planting. The guidance will be of interest to those who feel that they will struggle to meet the obligations of a tree planting scheme due to the weather. More information is available here: Advice On Hot And Dry Weather Conditions In England....

Jeremy's Blog 19th August 2022: More Precarious People

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 18th August 2022 International comparisons are difficult but a stark figure is that the UK’s GDP per person at $47,000 (including London) is less than 49 of the 50 US states; only Mississippi ($42,000) is poorer. Unless we answer our problem with improved productivity, in agriculture as much as in the rest of the economy, we shall be a poor rich country with expectations of lifestyles and public services, from health to...

Avian Influenza Prevention Zone Lifted at Midday on 16 August 2022

The Avian Influenza Prevention Zone (AIPZ) covering England, Wales and Scotland was lifted at midday on 16 August 2022. Separate declarations have been made for each administration and are available on the web for England and Wales. Declarations for Scotland and Northern Ireland are not yet available. For further information and guidance see the DEFRA, Welsh Government, Scottish Government, and DAERA websites; guidance varies between the different administrations....

Arbitration - CAAV Appointment of Arbitrators

The coming Michaelmas term dates see rent reviews and terminations for many agricultural tenancies in England and Wales. The CAAV has a role in appointment of arbitrators and other alternative dispute resolution methods across the UK (listen to Podcast #40 - 'CAAV’s Facilitating Dispute Resolution Service' for more information). Appointments can be made via the application form....

England: Hare Coursing Legislation

The provisions in the Police Crime Sentencing and Courts Act 2022 relating to hare coursing came into effect from 1st August. These include:Increasing the maximum penalty for trespassing in pursuit of game under the Game Acts (the Game Act 1831 and the Night Poaching Act 1828) to an unlimited fine and introducing the possibility of up to six months’ imprisonment.Two new criminal offences: trespass with the intention of using a dog to search for or pursue a hare; and being equipped to trespass...

Jeremy's Blog 12th August 2022: Interest Rates - Time and Risk

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 11th August 2022 After more than decade of unprecedentedly low figures, interest rates with their relevance to valuation are again at the centre of economic and political debate, bearing on valuations both in the market place and informing choices of discount and capitalisation rates. Like trade and despite utopians, a price for using someone else’s money, making their credit available, seems innate human behaviour. The...

Environment Agency has confirmed Drought status in eight of its 14 areas

At The National Drought Group's meeting today, 12th August 2022, the Environment Agency said that the drought trigger threshold had been met to move parts of the South West, parts of Southern and Central England, and the East of England into Drought. The Environment Agency has confirmed Drought status in eight of its 14 areas: Devon and CornwallSolent and South DownsKent and South LondonHerts and North LondonEast AngliaThamesLincolnshire and NorthamptonshireEast Midlands...

Guidance on transporting animals in extreme weather

DEFRA has updated its guidance on Keeping farm animals and horses in extreme weather to include further guidance on how to transport animals in extreme weather. Welsh Government has also published its own guidance on keeping and transporting animals in hot weather as well as requirements on water provisions and conditions in markets....

Jeremy's Blog 5th August 2022: Supply Issues and Future Proofing

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 4th August 2022 While it seems that weather records can always be broken, East Anglia, the south east and south central England have, with 5mm of rain, had the driest July since the Met Office was founded in 1836, after England’s driest 8 months since 1976. Temperatures above 40oC broke UK records. In a pattern consistent with but ahead of climate change forecasts, much of the west and north were wetter with Scotland having...

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Scotland: Edinburgh - first Short-Term Let Control Area

The Scottish Government has announced Edinburgh as the first Short-Term Let Control Area under the The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021. This is part of the Scottish Government's wider objective of addressing the perceived impact of short-term lets on communities (see CAAV Note 25th November 2021)....

Scotland: New Build Heat Standard Consultation

The Scottish Government has launched a consultation on its proposed New Build Heat Standard. The Government has proposed that from 1 April 2024 all new buildings applying for a building warrant will only be permitted to use zero direct emissions heating systems. A zero direct emissions heating system is defined as one by which the building is heated or cooled or by which hot water is made available using thermal energy located within the building or its curtilage and which does not emit...

Jeremy's Blog 29th July 2022: Independent Innovation

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 28th July 2022 The CAAV’s Soils Event, deferred by the pandemic, was held last week at Norbury Park Estate on the Staffordshire/Shropshire border, enjoying the hospitality of the owner, Professor Jo Bradwell. Soil scientist, Elizabeth Stockdale of NIAB, distinguished “soil character”– is a soil sandy, peat, loam, brash, …? – from “soil health” – is that soil in good heart? As a changeable quality,...

The Green Heat Network Fund – Deadline for Applications for Funding

The Green Heat Network Fund aims to support the public, private and third sectors in developing low carbon district heating and cooling networks. The three-year scheme, with a total of £288 million in capital funding, opened in March 2022. It is now open for applications for the second round of funding, with a closing deadline of 26 August 2022. A further nine quarterly funding rounds are planned, with the last one on 29 November 2024. Grant funding is available of up to 50 percent of eligible...