What's New

The CAAV has responded (on 4th September 2023) to the Electronic Communications Code - Unresponsive Occupiers Consultation. A copy of the response is below. The CAAV wishes to express its thanks to members of the CAAV Telecoms Group who assisted with reviewing and commenting upon the response.

DEFRA have published the guidance below to assist Local Authorities who choose to consider diverting or extinguishing a right of way (e.g. footpath diversion) under the current provisions of the Highways Act 1980. The guidance does not currently have statutory force but may do so if or when the amending legislation to the Highways Act 1980 and Wildlife and Countryside Act 1981 is commenced.

Michael Gove, Secretary of State at DLUHC, has told Parliament that after the consultation earlier this year on a number of proposed changes to England’s National Planning Policy Framework, he has now amended Chapter 14 of the NPPF in respect of onshore wind development. This note sets out the changes and provides commentary.

HS2 has published its 'Guide for Farmers and Growers' for Phase 2b, covering topics related to land acquisition, compensation and the construction of the project. This guidance sits alongside the earlier publications released in respect of Phase 1 and Phase 2a....

The Sunday Times (3rd September) has noted a case where a property let out on AirBnB had flood damage but the insurer refused to accept the liability as it was on the rating valuation list. This note provides a summary.

The Scottish Government has published the Basic Payment and Greening Rates for 2023. This note has more detail.

Following the announcement in July of an interim agri-environment scheme for 2024 after the end of Glastir (see website note of 27th July), the Welsh Government has now set out an outline of how it might operate. This note provides an overview....

This note summarises the Cuxton 2023 Appeal Decision concerning a vineyard in Kent and its proposed major expansion. The case tests adding value to "agricultural produce" and more broadly considers the boundaries of the definitions beyond which permission is needed, relevant to farms, from fruit to livestock. The Cuxton 2023 Appeal Decision can be found attached below.

The Government has announced a combined package of proposed legislation and measures to overcome the issues for housing development in England caused by the nutrient neutrality rules (see webnote). This note reviews the proposed legislative changes....

The Government’s announcement on nutrient neutrality issues (see webnote) sets out a number of measures to reduce nutrients reaching water courses, accompanying the proposal to change legislation. These measures include a reference to Protected Site Strategies. This note looks at the background to these strategies....

DEFRA has now confirmed to the CAAV that today’s announcement (29th August) relating to nutrient neutrality does indeed include more funding for slurry grants. The new commitments provide: £147m for the coming two rounds of Slurry Infrastructure grants in Autumn 2023 and 2024. £21m for two further rounds of slurry management equipment, offered as part of the Farming Equipment and Technology Fund. The next round is to open in early 2024. This note provides more detail....

The Government has today announced its intention to change the rules on nutrient neutrality in England to enable house building. This note provides some commentary.

This note reviews the valuation of property in the context of recent increases in interest rates.

DEFRA has just awarded £16m of grants under the Nature for Peatland Gent Scheme for twelve landscape scale peatland restoration projects. This note provides more detail.

DEFRA has announced that farmers will be able to sign up for the Sustainable Farming Incentive from 18th September and can start registering their interest from Wednesday 30th August through the on-line Rural Payments service. This note provides more detail.

The Scottish Government are consulting on proposals to ban the use of snare traps and to expand the powers of the Scottish Society for the Prevention of Cruelty to Animals in relation to investigating wildlife crime. This note provides more detail.

The Agriculture (Wales) Bill – which was passed in the Senedd on 27th of June – is now awaiting Royal Assent. For more detail on the Bill, see our website note of 28th June. Among other things, the Bill makes changes to the Forestry Act 1967 in relation to Wales. This note provides more detail. As a result of the changes, amendments need to be made to the procedural Forestry (Felling of Trees) Regulations 1979 (as amended). The Welsh Government are therefore consulting on the...

On 31st July, the Court of Appeal handed down its decision in the case of Alexander Darwall & Anor v Dartmoor National Park Authority [2023] EWCA Civ 927. The Court upheld the Dartmoor National Park Authority's appeal against a decision in the High Court that had overturned the commonly held view that there was a right to wild camp on Dartmoor. The decision of the Court of Appeal means that the right to wild camp on the Commons of Dartmoor remains supported by the 1985 Act. This note reviews...

The RPA has now confirmed to the CAAV that the deadline for submitting Mid Tier On-Line applications is now 15th September 2023, deferred from 18th August. This note provides more information.

The RPA has clarified that HLS intention to move forms need to be submitted by tomorrow, 18th August 2023. This note sets out the guidance.

This note sets out the interim guidance from the RPA on Countryside Stewardship Mid Tier Application Issues. Further advice is expected.

Scottish & Southern Electricity Networks (also known as Scottish Hydro) have published wayleave rates for 2023.

Scottish Power Energy Networks has published its wayleave rates taking effect from 1st May 2023.

NIE Networks Ltd have published their wayleave rates, taking effect from 1 August 2023.

Confronted with the scale of the infrastructure work required for transmitting the increased power needed, the recent report to the Government by the Electricity Networks Commissioner (see webnote) noted both: the greater cost of putting transmission cables underground their environmental damage. As this question of the merits carrying power cables overhead on pylons against laying them underground frequently features in public discussion of proposals, this note gives an initial consideration...

The Home Office has announced increased fines for landlords who allow an illegal migrant to occupy a residential dwelling. The announcement also includes increased fines for employers who allow an illegal migrant to work. Under the provisions of the Immigration Act 2016, all landlords in England have a responsibility to prevent those without lawful immigration status from accessing the private rented sector. Failure to carry out the appropriate checks may see a landlord receive a civil penalty...

The CAAV Rent Review Movement Table, which summarises historical movements in overall rents for Agricultural Holdings Act 1986 tenancies in England and Wales, has been updated for 2023 with the latest data from DEFRA.

This decision in the Court of Appeal re-examines and, in part, reverses an earlier Upper Tribunal judgement regarding the provisions of the Code in respect of concurrent leases. It determined that the purpose of the Code’s regime meant that the interposed tenant, now the direct landlord of operator, was the site provider for the functioning of the Code.

To supplement other resources for CAAV members in respect of agreements for telecommunication apparatus, this note summarises the decisions by the Supreme Court for three cases in which it examined whether an operator could apply for Code rights on land which it already occupied.

This note sets out the regulations regarding the purchase of ammonium nitrate with a nitrogen context of at least 16 per cent, now added to the list of regulated explosives precursors under the Part 3 of Schedule 1A of the Poisons Act 1972 by the Control of Poisons and Explosives Precursors Regulations 2023 (SI 63), applying to England, Wales and Scotland....

A year ago, the Government appointed Nick Winser as the Electricity Networks Commissioner to report to it this summer on these issues for the electricity market in Great Britain, so Scotland as well as England and Wales. His report to the Government has been published today, proposing and urging reforms to achieve effective and timely connections, especially through the whole planning and regulatory process. Two documents have been published: the letter reporting from Nick Winser to the...

Where SFI 2023 requires soil sampling that creates an issue where it is in relation to the site of a scheduled monument. Historic England has issued this form to facilitate the granting of management agreement allowing this. This note provides an overview.