What's New

The Agriculture (Wales) Bill passed its final stage in the Senedd yesterday and now awaits Royal Assent so that it could come into force in Wales from later this summer. Among other matters, it will be the authority for the Sustainable Farming Scheme that is to be introduced from 2025. This note provides more detail....

A recent Court of Appeal decision, Pretoria Energy Company (Chittering) Ltd v. Blankney Estates Ltd confirms limitations to the extent to which Heads of Terms (HoT) create a contract. In the original case, the High Court had been ordered to try whether HoT between Pretoria Energy Company (Pretoria), a developer of anaerobic digestion (AD) plant, the claimant, and Blankney Estates (Blankney), a farming business, were a binding and enforceable agreement other than in respect of one clause which...

With the de-linking of the run-off Basic Payment in England from land and farming, cross compliance ends with the end of 2023. Many requirements of cross compliance are anyway set by law for which it has provided a different enforcement regime, now more proportionate after post-Brexit changes. However, some aspects would disappear so prompting review. Hedgerows are the most obvious area for this review and are now the subject of a consultation issued by DEFRA today. This note provides an...

This note gives a brief update on the distribution of the Basic Payment in England for 2023.

With concerns about the effects in some areas of numbers of second homes and holiday lets, the Welsh Government has created a mechanism for change of use to these uses to be controlled at a local authority’s discretion. On 13th June, Gwynedd Council’s cabinet approved starting a process which it described as “unprecedented” that would allow it to use the new planning powers available to it to control changing: the use of primary residences to second homes or holiday letsthe use of a...

The Second Round of the Northern Irish Soil Nutrient Health Scheme (SNHS) is to open on Monday, 26th June 2023. This note provides some detail.

This note provides some commentary on recent investments in vineyards in the UK.

DEFRA has now published the Handbook for the Sustainable Farming Incentive 2023 (SFI 2023). This note reviews some of the key features of SFI 2023.

Along with a set of announcements related to the Sustainable Farming Incentive 2023 (reviewed in this CAAV Note), DEFRA has today published a series of sectoral leaflets on the relevant management and capital grants available to English arable, livestock, upland and organic farmers. These leaflets are available here....

Apart from the issue of rent, valuers acting for the landlords (site providers) need to navigate through the fog to understand what other terms of the existing agreement might be insisted upon on renewal and those which cannot. This note summarises the CAAV’s interpretation of legislation and case law and what might be determined so far on this complex subject.

Designed to assist members with the common questions that arise in relation to telecommunications agreements, this note covers renewals of protected Landlord and Tenant Act 1954 leases, how to value consideration, potential redevelopment, amongst other aspects. This note has been updated to provide additional clarification on lease renewals and supplemented with a detailed CAAV Note of 21st June 2023 in respect of the same....

DEFRA is today setting out the details for the Sustainable Farming Incentive 2023. This note provides an initial review.

DAERA has now set out how it intends that the Farm Support and Development programme should be phased in between now and 2026. This note provides an overview.

The Farming Investment Fund (FIF) is the umbrella scheme under which sit many of the Government’s productivity grants. These include the Farming Equipment and Technology Fund (FETF) – and its underlying ‘themes’ – as well as the Farming Transformation Fund. For more background, see our website note of 16th November. This note reviews two recent announcements within the FIF....

These Regulations are part of a series of changes that implement the Charities Act 2022. With effect from 14th June 2023, trustees of charities can instruct a Fellow of the CAAV for professional advice on valuation. Charities are required to obtain such advice before disposing of land by sale or on a lease for longer than seven years. The CAAV Note 15th June 2023 provides further information....

With effect from 14thJune 2023, as part of a series of changes implementing the Charities Act 2022, trustees of charities can instruct a Fellow of the CAAV for professional advice on valuation. Charities are required to obtain such advice before disposing of land by sale or on a lease for longer than seven years. This note provides further information.

The Planning (General Permitted Development)(Amendment) Order (Northern Ireland) 2023 sets out the changes to the limitations and conditions of PD rights for domestic heat pumps. The changes come into effect from 4th July 2023.

The Department for Infrastructure has made changes to permitted development rights for domestic heat pumps. The relaxation of the rights are intended to help consumers and providers utilise renewable energy technology. The conditions and limitations of the rights can be found in The Planning (General Permitted Development)(Amendment) Order (Northern Ireland) 2023. The changes are to come into effect from 4th July 2023....

The Building (Scotland) Regulations 2004 have been amended to prohibit the installation of direct emission heating systems in new buildings effective from 1st April 2024. The prohibition follows a consultation launched in August 2022 and reported in our note at the time. 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 emits more...

This note reviews the Alternative Dispute Resolution provisions in the Product Security and Telecommunications Infrastructure Act 2022 and, while not yet in force, encourages members to consider ADR for current matters where dispute arises.

DEFRA’s June Census reports give figures for the areas of owned and rented land on commercial agricultural holdings, in thousands of hectares. This note provides an overview.

The CAAV has responded to the Consultation on Taxation of environmental land management and ecosystem service markets (see CAAV Note 20th March 2023). A copy of the response is below.

DEFRA has published guidance on how to apply to the Environment Agency to trade water abstraction rights with another party.

The Welsh Government has launched a consultation - 'A Call for Evidence on securing a path towards Adequate Housing – including Fair Rents and Affordability'. The consultation seeks view on: understanding rents; tenant and landlord behaviour; affordability; how further improvements can be made to the supply and adequacy of housing over time. The consultation ends on 15th September 2023; the CAAV will be reviewing the consultation in more detail in due course....

DEFRA has announced that there will be a review of mapped Open Access Land in England, to be concluded by 31st December 2030. This note provides more detail.

The Report of the Council and Financial Statements for the Year Ending 31st December 2022 are attached.

Notice is attached of the 79th AGM of the CAAV, which will take place at The Leonardo Royal Hotel, Oxford on Friday 7th July 2023.

The Department for Levelling Up, Housing & Communities has opened a consultation to implement the draft regulations for Business Rates Improvement Relief. The policy aim of the proposals is to ensure that no ratepayer would face higher business rates bills for 12 months as a result of qualifying improvements to a property they occupy. The consultation closes on or around 25th August 2023....

The Department for Communities has launched a consultation on whether regulations are needed to give tenants a choice of payment options for rent and other costs under the Private Tenancies Act. The consultation closes 17th July 2023.

HS2 funding for woodland creation will be delivered via the England Woodland Creation Offer (EWCO). Applications to EWCO within the 25-mile zone of the HS2 Phase One route will be identified and administered by the Forestry Commission. Guidance has been published by the Forestry Commission, with application forms available via the Government website....

Designated areas are key to meeting a range of international and domestic targets for nature recovery to which the Government have committed in recent years. Such targets are one of the main drivers for Government policy across the UK. This note reviews some recent related policy documents, consultations and proposed designated areas.

The Government has today issued a wide-ranging English rural policy paper, Unleashing Rural Opportunity, covering planning, connectivity, employment and transport, bringing together many current strands of work and outlining some new steps. This note provides an initial overview.

DEFRA has updated the guidance for managing a Sustainable Farming Incentive agreement. The amendment, posted on 1st June, adds more detail on submitting an annual declaration, and includes details of deadline windows within the first year of the agreement, depending on the agreement start date. This note contains more information....

The UK government is offering funding – through the Farming Futures competition – for research and development projects aimed at enhancing productivity and sustainability within the agricultural sector. This note provides more detail.

The Scottish Government has opened consultations on the third phase of its review of permitted development rights (PDRs). The review of PDRs is part of a wider programme of planning reform. The consultation proposes to widen PDR for household level solar, heat pumps and wind turbines, including in some cases on listed buildings and in conservation areas. PDRs for solar and heat pumps on non-domestic buildings and on solar canopies in car parks would also be extended. Consideration is being...

This Act received Royal Ascent on 24th May 2023 and provides for the Secretary of State to develop the use of ADR for issues over compensation for the imposition of transmission power lines (in Great Britain). A task force is to be set up to consider this further and the CAAV has put forward representation to be part of this work. The CAAV Note 20th March 2023 provides further information....

As England’s new schemes have been developing over the last few months, particularly with the late January Prospectus of what is to be offered in 2023 and 2024, so DEFRA has been working on sector-specific leaflets that focus on the options most likely to be relevant to particular types of farming. The first two of these have now been issued for the Uplands (with new equalisation between lowland and upland rates for the same actions) and also Arable and Horticulture. These two leaflets are...

In a statement on the application of environmental land management schemes in the English uplands, DEFRA has announced immediate increases in payment rates for some options and further options that are to come forward under Countryside Stewardship. This note provides some background. The accompany leaflet has been published by DEFRA to set out the detail of the changes. Update 30th May: For rates and their application, see this website note: CAAV Note 230530: England - CS Upland Payment Rates...

The Government has announced that the Animal Welfare (Kept Animals) Bill, still in the House of Commons, is being withdrawn but that measures in it will be taken forward in other ways in the life of this Parliament. This note provides more detail.

This note provides a summary of the recent River Lugg Water Pollution case. With growing concern and policy development regarding Water Quality and water pollution from agricultural uses, the case provides a "stark warning" to others.

This note provides a summary of recent legislation amending the requirements for a landlord to provide a written statement of contract in particular circumstances relating to: converted contracts where the identity of the contract-holder changed prior to 1st June 2023;where a substitute contract takes effect before 1st June 2023; andwhere a substitute contract takes effect after 1st June 2023. Other consequential amendments have been made to the Rent Act 1977 to dovetail with the abolition of...