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.
This note sets out the Units of Production figures, taking effect from 23rd February 2023 in England, with a separate Order for Wales, taking effect from 10th February 2023.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 9th March 2023 Shortage of water is an increasingly serious concern, even for the UK. Far from the traditional “February Fill-dyke”, we have just had the driest February in 30 years with 45 per cent of the usual rainfall. For East Anglia, it was the driest since 1959 with just 14 per cent of usual rainfall and 3.5mm in Essex. The shortage was generally significant across much of England, Wales and Ireland. Carrying...
Version 2 of the UK Peatland Code has been published. Among other changes, this updates brings fenland peat into the scope of the Code. This note provides more information.
The Government has announced the route between Birmingham and Crewe will see construction delayed by 2 years, with re-phasing of works to deal with "significant inflationary pressure and increased project costs". The CAAV will continue to liaise with HS2 to understand how this may impact land acquisition and will endeavour to provide an update for members at the next claimant agent meeting on 27th March 2023 (please email rebecca@caav.org.uk if you act for claimants and are not yet on the...
The Department for Levelling Up, Housing and Communities has launched a consultation on proposed changes to the Town and Country Planning (General Permitted Development)(England) Order 2015 (GPDO). This note covers the proposed changes on PD rights rights for campsites, solar equipment for domestic and non-domestic properties, solar canopies, local authority rights to install EV charging points and PD rights for film-making purposes. The consultation deadline is 25th April 2023....
Following engagement from the CAAV and others, DEFRA has published updated guidance lifting the funding limits for Countryside Stewardship Capital Grant agreements. Previously, there was a cap of £20,000 for each of the 4 action groups. Published on 8th March, the new guidance states: There is no limit on either the maximum amount for any application or the amount you can apply for in each of the 4 groups (boundaries, trees and orchards, water quality air quality and natural flood...
A summary report of the 2022 Agricultural Land Occupation Survey results for Scotland.
A summary report of the 2022 Agricultural Land Occupation Survey results for Scotland.
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 reflect the current implementation of the PSTI Act, as well as providing additional information on obtaining comparables and the reimbursement of professional costs.
The Office for Environmental Protection has launched a call for evidence to support their review of the implementation of laws for the designation and management of protected sites. This note provides some background.
As the third renewal of a Landlord and Tenant Act 1954 telecommunications mast lease to reach the County Court, this case provides a source of commentary on rents generally offered in the market by different operators, as well as reconfirming key valuation principles.
Natural England has launched a consultation on the proposed extension of the Surrey Hills Area of Outstanding Natural Beauty (AONB). This note provides more detail.
European Valuer is the quarterly journal of The European Group of Valuers’ Associations (TEGoVA). TEGoVA brings together 70 valuers’ associations, including the CAAV, from 37 countries, both in and outside the EU with observer members from the USA, Canada and elsewhere. European Valuer contains updates on the work of the Group, as well as topical editorial commentary. Edition No. 29 includes articles on: 'Guidance on applying European valuation Standards in Wartime Circumstances''Valuation...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 2nd March 2023 Eggs and then tomatoes have long been features of the rougher end of political debate but the new shortage of tomatoes might now make a sharper political point than the travails of the egg sector. In the shifting debates over food security, supplies have continued to reach shop shelves. The supply chain was seen to perform well in managing and adapting to the early days of the pandemic. However, rising food...
DEFRA has today published on its blog a run-through of the one-off grants available to farmers in 2023. The does not include capital grants under the Countryside Stewardship scheme. The post can be found here: Grants available in 2023 - Farming (blog.gov.uk). A wider look at payments available to farmers and land managers, including agri-environment schemes, can be found in this DEFRA brochure: Farming is Changing (blog.gov.uk)....
The Government has at last revealed its long-awaited response to the mandatory biodiversity net gain consultation from January last year. While the concept has been in the pipeline since the 2019 Spring Statement, voluntary trading has been going on for some time. But now, the requirements will be laid down in law – from November 2023, all developers will have to deliver a 10% net gain in biodiversity, to offset the environmental damage they cause. As with any new legislation, there’s...
The 2023 edition of the CAAV Model Grazing Lease for Scotland and the accompanying guidance are available here. The adaptation of this agreement to practical circumstances is a matter for the professional judgement of members for which the CAAV can accept no liability.
The Scottish Government has published 'The Repairing Standard - Statutory Guidance for Landlords'. With changes taking effect for private residential landlords with effect from 1st March 2024, this guidance aims to provide an overview of existing and new measures that landlords will need to meet.
Updated guidance for landlords on right to rent checks has been published (28th February 2023), reflecting the changes and clarification on certain aspects, taking effect on right to rent checks carried out on or after 26th January 2023.
This Order brings into operation certain provisions of the Private Tenancies Act (Northern Ireland) 2022, which make amendments to the Private Tenancies (Northern Ireland) Order 2006. The provisions come into force on 1st April 2023 and relate to: tenants being given notice of certain matters relating to a tenancy including past matterstenants being given receipts for any cash payment made in relation to a tenancy. tenancy deposits, with provisions that the amount of a tenancy deposit shall be...
The Competition and Markets Authority has launched two separate studies:Housebuilding - focusing on house quality, land management (including land 'banking' practices), local authority oversight and innovation. This study will examine the markets in Great Britain, with Northern Ireland markets seen as "significantly different".Private Rented Sector Consumer Rights - reviewing the end-to-end experience from a tenant’s perspective, including finding somewhere to live, renting a property, and...
National Parks in England are to receive new funding to support services such as visitor centres and park rangers. This note provides more detail. The announcement follows the recent expansion and extension of the Farming in Protected Landscapes (FiPL) scheme. For more detail, see our website note of 31st January....
DEFRA has published the latest update to The Great Britain Invasive Non-Native Species Strategy. This note gives an overview.
The UK Government and the European Union have today agreed the Windsor Framework, revising the Northern Ireland Protocol. With amendments to the Protocol itself, other agreements and declarations and extensive documents, the Framework is summarised in this paper. This note provides more detail.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 24th February 2023 With the Government now apparently stabilised after the events of 2022, decisions are coming steadily. Following January’s news on the English schemes for 2023 and 2024 with payment rates and the Environmental Improvement Plan, more news on productivity grants was given at the NFU AGM and then the long awaited policy development on biodiversity net gain was issued. We await much else including detail for...
The Foundation for Common Land have published on their website guidance - checked by the Rural Payments Agency - on Higher Level Stewardship agreement extensions on common land. The note is available here: https://foundationforcommonlan....
DEFRA has today published details on how Biodiversity Net Gain is to be implemented in England. This note provides a headline review of the policy announcements. We will brief members in detail in due course.
Mark Spencer, Minister for Farming, has made a announcements at the NFU AGM of grants to support productivity and animal health and welfare. This note provides more detail.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 16th February 2023 Aid and regulation, stick and carrot, are Government’s main tools for achieving its statutory and demanding environmental targets, confirmed in December and affirmed by the Environmental Improvement Plan 2023. DEFRA January prospectus for the schemes offered in 2023 and 2024 shows us the aid and the carrot. We should not forget that role of regulations and the stick, becoming more potent as we near the...
DEFRA has announced the dates for the 7th round of the Woodland Carbon Guarantee. Applications to participate are to be submitted by 30th April 2023, with the auction to take place online between 15th and 21st May. This note provides more detail....
The CAAV has been advised that, after review by senior DEFRA and RPA officials, if a Higher Level Stewardship scheme breach is identified during its new 5-year extension period, any recovery of payments made will only be applied from the start of the extension, not to the full duration of the agreement period. This note provides more information.
The Welsh Government have launched a new Green Business Loan Scheme with Development Bank. See press release. It is a major loan scheme with the ambition to invest £10 million over the next 3 years, to help businesses makes changes to reduce their carbon footprint. Projects which could be supported by the loan include:investing in renewable energy technology;improving the fabric of premises and energy efficiencies within the building;upgrading systems or machinery to reduce energy use;water...
The Scottish Government has published the National Planning Framework 4. It covers both A National Spatial Strategy for Scotland 2045 and National Planning Policy, replacing the National Planning Framework 3 and Scottish Planning Policy.
The Scottish Government has announced its 2023 Payments Strategy providing a payment timetable for Direct Payments and Scottish Rural Development Programme (SRDP) payments.
Stamp Duty Land Tax (Temporary Relief) Act 2023 (SI 2023/c2) enacts the modifications of Part 4 of the Finance Act 2003 reducing SDLT rates between 22nd September 2022 and 31st March 2025. Our website note of 26th September 2022 set out the new SDLT rates as changed by the Financial Statement....
The Non-Domestic Rate (Scotland) Order 2023 (SSI 2023/29) sets the non-domestic rate at 49.8p in the pound for Scotland for 2023-24. The same rate as for 2022-23.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 9th February 2023 While it seems conventional to criticise a lack of policy development, that cannot be said of the areas with which we work. The policies of the Agricultural Transition Plan were further fleshed out last month. The Environment Act, last week’s Environmental Improvement Plan and the current Levelling Up and Regeneration Bill all lay out major programmes of work. Russia’s invasion of Ukraine has finally...
DEFRA has today (9th February) published the details and full list of items for the Farming Equipment and Technology Fund 2023 (FETF), the second round of this grant scheme. This note provides more detail. More detail on the background of the scheme can be found in our website note of 16th November 2021....
This note contains a review of the recently published Environmental Improvement Plan 2023.
The papers for the Council meeting being held on 9th February 2023 are attached.
The Compulsory Purchase Association Scotland are running an event to take place within the courtroom of Lands Tribunal Scotland at George House, Edinburgh on Monday 27th February 2023. Although based in Scotland, the event will likely be of interest to any member who has an interest in becoming an Expert Witness or already carries out such work. The session will let attendees see how (and how not) to do give evidence as an Expert Witness, in particular: The process which is followed when an...
DEFRA has announced changes to its Tree Health Pilot scheme. This note provides more information.
These Regulations commence the parts of the Product Security and Telecommunications Infrastructure Act 2022 relating to operators' rights to share apparatus, as summarised in CAAV Note 8th February 2023.
The Product Security and Telecommunications Infrastructure Act 2022 (Commencement No. 1) Regulations 2023 implements the first amendments to the Electronic Communications Code in respect of operators’ rights to share apparatus. This note provides a summary of those changes, some taking effect from 7th February 2023 but with rights regarding sharing of underground apparatus coming into force 17th April 2023.
This note reviews the reorganisation of Government departments announced by the Prime Minister on 7th February 2023
BPS-eligible land managers have been invited to register their interest in the SFI Annual Health and Welfare Review. This website note contains more detail. For a background review of the scheme, see our website note of 30th March 2022.
DEFRA has today (7th February) opened the application window for Countryside Stewardship Higher Tier agreements. The full guidance and more detail can be found online: Higher Tier grants 2023: Countryside Stewardship - GOV.UK (www.gov.uk). For more background detail on government schemes for 2023 and 2024, see our website note of 26th January....
The note reviews the recent magistrate court's decision (see HSE press release), in which Bupa Care Homes (CFHCare) Limited was fined £400,000, providing a reminder of the need to maintain a tree management plan with regular review.
In England a developer proposing to develop in an area where great crested newts live may be able to apply to join the district level great crested newt licensing scheme. The scheme will pay for off-site compensation ponds instead of needing to carry out detailed surveys and applying for a mitigation licence. This note sets out the details of the licensing scheme....
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 2nd February 2023 The momentum of environmental policy development is now gathering substantial pace with recent key building blocks increasing its potential coherence: the Environmental Improvement Plan 2023 issued this week replaces 2018’s 25 Year Environment Plan demanding environmental targets were set in December, several bearing directly on farming and rural land management and now with more detail on the basis of...
The majority of minor updates to DEFRA's schemes and guidance are made to the existing webpages, with the update then noted at the foot of the page. To check what has been updated, users of the guidance should click 'See all updates' in publication details at the head of the relevant webpage. For example: Where members have printed guidance for a particular scheme, then they should be sure to check if anything has subsequently changed when they are preparing new applications. This will be...
The RPA has published a chart of key dates for 2023 for: Basic PaymentThe Lump Sum Exit SchemeCountryside Stewardship and Environmental Stewardship The chart can be accessed here: Key dates to look out for in 2023 - Rural payments (blog.gov.uk).
The Wildlife Trusts have announced a £38 million fund to restore UK rainforests. This note provides more detail.
DEFRA have published on their Future Farming Blog a summary of the impacts and opportunities for land managers of the Environmental Improvement Plan 2023: What the Environmental Improvement Plan means for you - Future Farming (blog.gov.uk). A summary of the EIP is provided in a note on our website. We will be publishing a detailed review in due course....
Landscape Recovery is DEFRA's scheme for radical, landscape scale and long-term nature restoration and creation. For more background detail, see our website note of 6th January 2022. Round 2 of the Scheme is to open in Spring 2023. In preparation, DEFRA are inviting those interested to join a series of webinars, where they will be providing information and seeking feedback from potential applicants. The webinars can be accessed at the following links: Thursday 23 February 8:00 – 9.30...
Defra has finally announced further details about the future environmental schemes in England, including the Sustainable Farming Incentive, Countryside Stewardship and Landscape Recovery. These include a plethora of new land management options to mix and match, as well as higher payment rates to encourage farmers to apply. Jeremy Moody explores what these enhanced initiatives and payments mean for farmers, while also considering the decision-making process for optimal financial success. Given...
Following a related announcement in the Environmental Improvement Plan 2023, DEFRA has extended the end date for the Farming in Protected Landscapes (FiPL) Scheme from March 2024 to March 2025. This note contains more information.
The Government has announced that it is today publishing three significant documents on environmental policy, essentially for England and as required by the Environment Act 2021: the Environmental Improvement Plan 2023the Environmental Principles Policy statementthe first Significant Improvement Test review report. This note provides an overview.
This note looks at the developing regulation that supports the statutory Environmental Targets set out by DEFRA at the end of 2022 (see our webnote).
This note reviews the recent court case, about wild camping on Dartmoor, of Darwall and Darwall v Dartmoor National Park Authority [2023] EWHC 35 (Ch).