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Jeremy's Blog 7th September 2022: Property Valuation in Uncertainty

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 6th October 2022 Substantial areas of the property market are moving into increasingly uncertain waters, taking valuers with them. Factors such as rising interest rates, cost challenges, potential recession and changing market demands combine with the usual economic dynamics of activity moving between sectors and regions make valuation more challenging. A retrospective review for non-domestic property will soon come from...

Jeremy's Blog 30th September 2022: The Need for Narrative

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 29th September 2022 Nature abhors a vacuum. Governments that do not tell their story lose control of its telling as others seize the moment to fill the void. DEFRA let it be known that there was a “rapid review” of the present policies. Little was then said and so, while reasonable for new ministers and perhaps no more than a routine “kicking of tyres”, the void was filled by third party speculation becoming a...

Avian Influenza Protection Zone Declared in East Anglia

The government has declared Norfolk, Suffolk and parts of Essex to be an Avian Influenza Protection Zone (AIPZ) from midday on Tuesday 27th September 2022. All bird keepers, including those with backyard flocks or who keep chickens, ducks or geese as pets, falling within the AIPZ are obliged to follow strict biosecurity measures to protect their flocks and contain the spread of the disease, per DEFRA and APHA guidance. East Anglia joins Cornwall, Devon and parts of Somerset, declared to be an...

THE NEW GOVERNMENT’S AGRICULTURAL POLICY – A “RAPID REVIEW”?

Today’s Press Reports The press (Observer, Financial Times, the Times and others) and the BBC (website and the Today programme at 6.39 and 7.50) are carrying the story that the new DEFRA ministerial team, silent so far, are undertaking a “rapid review” of the policies they have inherited. The energy in the reporting seems to come from environmental organisations, concerned to link any possible change in DEFRA environmental re-orientation of payments to the Financial Statement’s plans...

Jeremy's Blog 23rd September 2022: Government - A Change in the Wind

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 22nd September 2022 As normal business resumes after the powerful commemoration and funeral of the late Queen, the Liz Truss Government brings a strong sense of a change in the wind. While all Conservative, each new Prime Minister since 2010 has set a very different tone infusing the operation of government This Government swiftly signalled a new course set by the stars of lower taxes (and in that tolerant of increased...

DEFRA Ministers

Scott Mann MP has been appointed today as a Parliamentary Under Secretary of State in the Department for Environment, Food and Rural Affairs. Lord Benyon has bene re-appointed to the same role in the Lords. Confirmation of the allocation of roles to ministers is awaited. The DEFRA ministers will now be: Ranil Jayawardena – Secretary of State Mark Spencer – Minister of State Trudy Harrison – Parliamentary Under-Secretary of State, Commons Scott Man – Parliamentary...

MICHAELMAS TENANCY ISSUES – CAAV ARBITRATION APPOINTMENTS

Whether an unresolved rent review or other issues from end of tenancy compensation to game damage, where an arbitrator is needed the CAAV President is ready to appoint on receiving an application. For an outstanding rent review under either the 1986 or 1995 Acts, the CAAV must receive the application before the term date. The CAAV appointment can be made afterwards, with the same statutory powers as the RICS. Applications can be made on this form on the CAAV website....

Jeremy's Blog 16th September 2022: Crown and Continuity

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 15th September 2022 There are occasions when the sinews of a country are laid bare, when the veil of daily life and concerns are swept back to reveal deeper things that we rarely see. The combined death of Her Majesty Queen Elizabeth II and the accession of His Majesty King Charles III is such a moment. We commemorate, with shared and individual memories, and we look ahead. We see the value of a life of service, duty and...

Jeremy's Blog 9th September 2022: Competing Uses for Rural Land

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 8th September 2022 Location, location, location. That has been the received mantra for the housing and we now have to thing more about what might be the better uses for the very different kinds of rural land that we work with. We see a wider, more varied and complex range than simply that from silt fen to acid heath, with factors from location to geology and the opportunities and issues in the marketplace. At the same time,...

Her Majesty Queen Elizabeth II

The President, officers, members and Secretariat of the Central Association of Agricultural Valuers (CAAV) send deepest condolences to the Royal Family on the death of Her Majesty Queen Elizabeth II. The Queen’s devotion and service to her country, people and the Commonwealth for the seventy years of Her reign as monarch and the years before that, through war, peace and change, bore out a dedication and a sense of duty that is an example to us all. In particular, we appreciate and honour Her...

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....