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.
The March 2024 edition of the CAAV News Letter is attached
DEFRA has published today (21st May) the detail of the ‘expanded Sustainable Farming Incentive’, which is to open for applications in July. This note sets out the headline announcements.
A recent dismissal of an appeal by the planning inspectorate (ref. APP/D1265/W/23/3314801) provides an interesting parallel for the implementation of biodiversity net gain (BNG) in England. This note looks at the relevant section of the published decision.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 16th May 2024 The fruit and vegetable sector is a strong contributor to the value of UK agricultural output. It has been under severe economic pressure as costs, risks and necessary working capital have risen well ahead of produce returns. Weather and labour add to the challenges. Production volumes, areas and confidence have all fallen. It is clearly magical thinking to suggest that saying the British public ought to eat...
In a Written Statement to Parliament, the Secretary of State for Energy Security and Net Zero has outlined policy on balancing food security and energy security in the planning consideration of large rural solar farms. This note provides an overview.
The CAAV Fees Survey Report 2023 is now available. This can help inform members and others about developing fee rates and is referred to as an objective overview by members and compulsory purchase acquirers when looking at fee structures and hourly rates.
As many will be aware, the expanded Sustainable Farming Incentive in England will be opening this summer. The RPA will be offering a controlled rollout of the scheme to a limited number of people before the scheme opens to all applicants. This small number will be able to apply for the scheme early so that the RPA can open the service in a controlled way. They will also be asking these early applicants about their experience of submitting an application, so that they can improve the service in...
A set of announcements, largely for England, has been issued in conjunction with the second No 10 Farm to Fork Summit hosted by the Prime Minister on 14th May. This note provides an overview.
The RPA has introduced a set of temporary adjustments for those who have had difficulty meeting the requirements of their CS, ES, SFI and SFI pilot agreements due to wet weather. The full list of options and actions with temporary adjustments is available here: Wet weather: temporary support for farmers in 2024 - GOV.UK (www.gov.uk). This note provides a short overview....
Many will be aware that there are significant delays in the creation and submission of annual claims for Countryside Stewardship. The RPA is encouraging agreement holders to continue to with their claims. They have advised us that: 'We will make sure that those affected are not disadvantaged. We will keep a record that the system performance has affected their ability to claim and they won’t receive any late claim reductions if we receive their claim after 15 May because of this.' Those...
The recently appointed Welsh Government Cabinet Secretary for Climate Change and Rural Affairs, Huw Irranca-Davies, today told the Senedd that, after seeing a draft of the analysis of over 1,200 consultation responses “it is already clear that some changes are needed” to the Sustainable Farming Scheme (SFS) proposals. That analysis and the government response to the consultation are to be published in June. This note provides more detail....
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 9th May 2024 Land drainage and the management of water offer one of the ways to tell the story of our landscapes as millennia of hard work have made a wet land productive. Even now, for many soils having good field drainage is the precondition for land to give its potential – becoming more important with the spread of no-till practices. With 40 years since the last major wave of drainage investment, this winter has shown...
HMRC has now issued the Revenue and Customs Brief – VAT Treatment of Voluntary Carbon Credits with guidance to take effect from 1st September 2024, applying to transactions involving voluntary carbon credits on or after that date. This note provides more detail....
Those preparing to submit a claim for CS or ES in 2024 are reminded that the land use codes for the relevant parcels should be updated where there have been changes.
Following the announcement last week of two schemes to specifically support investment in on farm infrastructure (see our note), this note sets out more detail of the two slurry schemes being offered by Welsh Government.
Updated to V.6.1 on 7th May 2024 The RPA has prepared a Sustainable Farming Incentive Q&A document, addressing some common questions about both the general nature of the scheme and some action-specific issues. The RPA's intention is to provide a common understanding of the purpose and requirements of aspects of the scheme. This is to be a 'living document'; it will change as new questions and issues arise and so should not be taken as a fixed and definitive guide. It should also be read in...
This note sets out unit fertiliser values for Spring 2024 for use in connection with end of tenancy valuations.
Ahead of a statement due on 14th May, the new Welsh Cabinet Secretary for Climate Change and Rural Affairs, Huw Irranca Davies, has made a written statement to the Senedd on the next steps for the proposed Sustainable Farming Scheme (SFS), this note provides a summary.
The Climate Change Act 2008 requires the Government to prepare a 'carbon budget delivery plan' setting out how the targets for reducing emissions will be met. The latest version, approved by the Minister in 2023, had been subject to a legal challenge by a collection of eNGOs and climate advocacy groups. On Friday 3rd May, the High Court ruled that the plan did not meet the requirements of the Act, and the Government must therefore revisit the document. We wait to see if the Government will...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 2nd May 2024 The Agriculture Act 2020 gave powers for measures to promote “fair dealing obligations for business purchasers of agricultural products”. Three and half years later, the first fruits of that process are now coming through with the Fair Dealing (Milk) Obligations Regulations due to take effect from early July. These set standards that milk purchase contracts are to meet with both specific opportunities for...
Recognising the prolonged period of wet weather, an Extreme Weather Summit meeting was held resulting in Welsh Government highlighting the importance of investing in resilience. In response to concerns over slurry storage capacity the Welsh Government has announced there will be two schemes which specifically support investment in on farm infrastructure, these are: the Nutrient Management Investment Scheme andthe Small Grants – Yard Coverings scheme. Both schemes are to open shortly and £20m...
As part of a general policy on awarding public sector grants, the Scottish Government has advised that, with effect from 1st April, it has introduced “Fair Work” conditionality as an extra condition for some new grants. This note provides more detail.
The new The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 (SI No. 579) make changes to Class Q, R, A and B permitted development rights, with effect from 21st May 2024. These changes are summarised in this webnote which includes a full text of the new Class Q. However, these changes also act in ways that mean that some aspects of Classes Q, A and B would be at least notionally narrowed. Where this applies, transitional provisions on the Order...
Following CAAV representations, the RPA has now postposed the planned downtime for the system from 13th May to 16th May. That planned for the evening of 15th May still appears to be going ahead.
Agricultural permitted development rights (including Classes Q and R) in England have now been enlarged following last year’s major consultation paper. The legislation has just been issued as The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 (SI No. 579) and takes effect from 21st May. This note provides more detail....
The Government has now introduced the Fair Dealing Obligations (Milk) Regulations 2024 (SI 537) using its powers under the Agriculture Act 2020 to govern purchase contracts for agricultural produce. This note looks at the provisions of the Regulations.
The Nationwide Building Society, the UK’s second biggest mortgage provider, is now reported as refusing to offer loans on some dwellings that it assesses as at high risk of flooding. This note sets out more detail.
This note provides an update on the processing of abstraction license applications in England.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 25th April 2024 Targets are everywhere in modern government. In principle, they can set a discipline to achieve results, measured and monitored for management. Sometimes, so many are set that they confuse or even counter each other; some are badly set with perverse results. Some targets seem set just as a gesture, with magical thinking that a target is an answer not then needing action, role playing in response to pressure...
The Welsh Government has updated its guidance for landlords in respect of regaining possession of residential dwellings under the Renting Homes (Wales) Act 2016, which includes the publication of a flowchart to aid in ensuring service of valid s.173 ('no-fault') notices for periodic contracts. Additional guidance on understanding the possession process is also available for tenants, but landlords and their agents may find it useful to refer to this guidance as well....
The Environment Agency is inviting farmers in England to apply for a new screening study to assess and rank water resources options for farming. The fund aims to help farmers to investigate how they can better manage water for use in times of drought. The full details of the study can be found here....
The eighth tranche of DAERA’s Environmental Farming Scheme (EFS), Higher Level, is open for applications from 1st May until 17th May 2024.
Farmers are being reminded by DAERA that any Basic Payment Scheme (BPS) Entitlement Transfers for this year must be completed by midnight Thursday 2nd May 2024.
DEFRA has warned that the seasonal low vector period has ended. The biting midge which carries the virus has become more active with the warmer Spring weather and there is an increased chance of infected midges being blown over from the Continent. While there is currently no evidence that the bluetongue virus is circulating, DEFRA is planning for an increase in cases. Farms close to the coast in counties along the east coast of England from Norfolk to Kent and along the south coast from Kent to...
Designed to assist members with the common questions that arise in relation to telecommunications agreements, this note covers renewals of protected leases, how to value consideration, potential redevelopment, amongst other aspects. This note has been updated to reflect the latest provisions of the PSTI Act being implemented, as well answering some additional questions regarding: why a new agreement following a 1954 Act renewal is referred to as a Code lease (Q3);stakeholders in the telecoms...
Following feedback from farmers, DEFRA have amended the eligibility criteria for the scheme, removing the 150m limit. This means that farmers will be able to receive payments for all land parcels which are flooded contiguous to an eligible river. See our website note of 9th April for more detail of the fund....
The Minister’s response to a Parliamentary debate in Westminster Hall on 18th April set out the Government’s position on “large solar farms” ahead of a solar route map to be published in “weeks”. This note contains some extracts from the debate.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 18th April 2024 We are almost always in the middle of a story. The past is not over but rather a prologue. The future is yet to come, evolving from now but with surprises. There is rarely a conclusion, though sometimes hindsight suggests a move to the next Act. The present is simply a waystation, not an answer. More than for some time, we are living amid accelerated change and disruption, perhaps familiar with what we have...
After a report by the Climate Change Committee advised that Scotland’s interim target for a 75 per cent reduction in greenhouse gas emissions by 2030 was out of reach, the Scottish Government has today announced that it is dropping the target while keeping the 2045 net zero target. This note looks at the policies announced with the change.
The Department of Levelling, Housing and Communities has published its National Infrastructure Planning Guidance. Aimed at assisting acquiring authorities, local communities, landowners and those professionals advising, the guidance is set out to outline best practice, statute and case law for the different phases of a National Significant Infrastructure Project (NSIP) under the consenting regime of the Planning Act 2008....
The Government has laid the Management of Hedgerows (England) Regulations 2024 in both Houses of Parliament. This note provides an overview.
DEFRA has announced the opening of a Water Restoration Fund. This note provides more information.
These Regulations make changes following the compulsory purchase reforms in England made by the Levelling Up and Regeneration Act 2022 (see CAAV webnote of 22nd February 2024). Taking effect from 30th April 2024, the regulations amend The Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017 and The Land Compensation Development (England) Order 2012, with the main changes being: Form 2 (form of notice specifying land and stating effect of general vesting declaration)...
These Regulations make changes to the prescribed forms in England following the compulsory purchase reforms made by the Levelling Up and Regeneration Act 2022 (see CAAV webnote of 22nd February 2024). The changes take effect from 30th April 2024 and substitute the forms in The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 as follows: Forms 7 – 9 and 10 – 12 (prescribed notices) have been updated to require the inclusion of website addresses on statutory...
Ofcom has published its updated Electronic Communications Code - Code of Practice (15th April 2024), which outlines best practice to facilitate positive and productive engagement between all parties across a range of issues for both mobile and fixed line infrastructure.
DEFRA has now published its Wye Valley Action Plan for the English length of the Wye. This note looks at the proposed measures.
The Government has now issued its response to the report of the Independent Review of Protected Site Management on Dartmoor. This note looks at the detail....
The European Court of Human Rights has given a judgment in which it substantially develops its legal reach in the context of climate change. The case of Swiss Klimaseniorinnen, that Switzerland had not made adequate provision to mitigate climate change by measure to reduce greenhouse gas (GHG) emissions, was upheld. This note provides an overview....
The Scottish Government has opened a consultation into legislative proposals to better manage and extend protected sites, as well as proposals to manage land for the delivery of the target to manage 30% of Scotland’s land area for nature by 2030. This note provides a summary.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 12th April 2024 The Agricultural Landlord and Tenant Code of Practice for England was published on Monday. It is a voluntary Code for all parties to tenancies (that is, landlords and tenants) and their advisers, giving guidance as to approach, conduct and behaviour. It looks to support good relationships and help where difficulties arise. Intended to improve practice, it does not change the law or alter any contract and...
The Forestry Commission has announced the eighth auction of the Woodland Carbon Guarantee Scheme. This note provides more information.
DEFRA has opened a Farming Recovery Fund for farmers who suffered uninsurable damage to land during Storm Henk. It supports the cost of reinstating land which flooded between 2 and 12 January. This note provides more information.
Introduced into the Scottish Parliament on 26th March 2024, this Bill sets out a range of proposed changes for the let residential sector in Scotland. Although the ‘New Deal for Tenants’ consultation (see link) considered a broader range of proposals, including a pan-tenure approach to rent control and evictions that could include agricultural lettings, the Bill has a narrower focus largely on private residential tenancies. This note offers an initial review of the Bill as it relates to...
The Agricultural Landlord and Tenant Code of Practice for England has been published today. This voluntary Code has been endorsed by the CAAV as well as ACES, ALA, CLA, ILG, NFU, NFYFC, RICS and TFA and is published under the mantle of the Farm Tenancy Forum with blessing from DEFRA as a support for good practice in the let sector. The CAAV has also updated its model FBTs for England to refer to it. These revised versions are also being issued today....
The CAAV has updated its two model FBTs for England: A larger one more suitable for longer term and equipped holdings A shorter one drafted for agreements of two years and less, likely to be bare land holdings These are offered as templates that can be adapted using professional judgment to best record the business agreement between the parties. Having been updated last year to take account of England’s de-linking, they have now been revised to: refer to the Agricultural Landlord...
The CAAV has updated its two model FBTs for England: A larger one more suitable for longer term and equipped holdings A shorter one drafted for agreements of two years and less, likely to be bare land holdings These are offered as templates that can be adapted using professional judgment to best record the business agreement between the parties. Having been updated last year to take account of England’s de-linking, they have now been revised to: refer to the Agricultural Landlord...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 4th April 2024 Keir Starmer’s Labour Party (like the Conservatives in Canada) clearly feels it is working a rich electoral vein in positioning itself as the advocate for more housing, while other parties carve up the opponents between them. Following his references in the autumn to “bulldozing” the planning system for England, the document issued for the launch of its local election campaign suggest that...
Although not binding as a County Court decision, this decision provides a warning to landlords who do not comply with s.21A of the Housing Act 1988, which sets out legal requirements for a landlord who is seeking to regain possession using s.21, the “no fault” ground. One such requirement is for the tenant to have been provided with a valid gas safety certificate at the start of the tenancy. The note below provides a summary of the decision....
The Scottish Government has advised that with effect from Monday 1st April councils have the power to charge up to double the full rate of Council Tax on second homes. It goes on to state that 29 of the 32 Scottish local authorities have confirmed their intention to use the power. A second home is classed as any home that is not used as someone’s primary residence but that is occupied for at least 25 days in a year....