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Environmental Farming Scheme Claim Confirmation

DAERA is asking EFS agreement holders who started their agreement on 1 January 2022 to ensure they complete a Claim Confirmation this December. Farmers who accepted a Tranche 5 agreement in 2022 and submitted a year 1 claim using the Single Application Service this year, must submit a Claim Confirmation online between 1 December 2022 and midnight 3 January 2023. Failure to submit a Claim Confirmation will mean you will not be paid and your EFS Tranche 5 agreement will be cancelled. Claim...

Jeremy's Blog 18th November 2022: What Best Delivers Environmental Objectives

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 17th November 2022 There is a dreary and repetitive pattern to some public discussion of environmental schemes, one that appears to fail to understand, ignore or hide the realities of policies but seems to make good copy. Too often, it defaults to see not only backsliding but betrayal, alleging that at each turn the Government is about to hold a bonfire of the environment. Looking back, lobby groups were raising this concern...

Jeremy's Blog 11th November 2022: We Must Learn to Mitigate

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 10th November 2022 As COP26 slides into COP27 with COP28 doubtless to follow, the language of climate change and the high level commitments become ever more familiar but the scale of its impact, what might be required to mitigate it and what we might have to do to adapt to it have yet to impress themselves on the public mind. At one level, it is evident that the real heavy lifting has to be done by the major corporate...

Magic Map - Printing Issue

A member has flagged with us a technical issue printing from the Magic Maps application. This is a known fault, which is being caused by a 'security issue with newer versions of Chrome and Edge.' Natural England are advising people to use the Firefox or Internet Explorer browsers. Updates on the operation of the Magic Map can be found on their 'Latest News' page.

Energy Prices Act 2022

The Energy Prices Act 2022 received Royal Assent on 25th October 2022. The Act empowers the Secretary of State to establish schemes to reduce the price of domestic electricity in gas in England, Wales, Scotland and Northern Ireland. It also empowers the Secretary of State to reduce the energy bills of non-domestic energy consumers. The arrangements stand from 1st October 2022 for two years, though the Secretary of State may extend this for six months at a time by regulation....

Jeremy's Blog 4th November 2022: The Government has Work to Do

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 3rd November 2022 We have seen that our system can remove Prime Ministers in whom it has lost confidence. Doing this twice in four months means that the Government’s in-tray is now bulging. After some years of welcome continuity, DEFRA civil servants are briefing their second Secretary of State in two months with many unmade decisions now urgent. Some departments now have their fourth team in four months. Yet, existing...

Landowner Fined for Failure to Comply with EA Notice Regarding Waste

The Environment Agency have published a report of a landowner being fined in excess of £5,000 for failure to comply with a statutory notice. Although the landowner arranged removal of excess waste from her land, she was unable to provide Waste Transfer Notes when these were requested by the Environment Agency.

Jeremy's Blog 28th October 2022: Growth Remains the Challenge

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 27th October 2022 The change of Prime Minister and the coming Medium Term Fiscal Plan gives a moment to take some lessons from the last few weeks. With interest rates across much of the world returning to historically normal levels while energy prices and inflation rise, the Financial Statement of 23rd September and the way it was presented provoked a fast and sharp market reaction. While now abated, that showed all...

Farming Resilience Fund: List of Adviser Organisations

DEFRA has released the final list of organisations funded to provide free advice under the Farming Resilience Fund. The list is available online. For more information on the Farming Resilience Fund, see our website note of 14th July....

Ministerial Appointments

Thérèse Coffey has been appointed Secretary of State for Environment, Food and Rural Affairs.Michael Gove has been appointed Secretary of State for Levelling Up, Housing and Communities.

New Prime Minister: Rishi Sunak

After becoming the only candidate to secure sufficient nominations from MPs, Rishi Sunak is to be the leader of the Conservative Party and the next Prime Minister. We now await the formation of the Cabinet and the announcement of new or continuing ministers.

Jeremy's Blog 21st October 2022: Get the Farm Business Right

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 20th October 2022 Although many now say that the new policies being developed across the United Kingdom will not be substitutes for Basic Payment income, the conversations then slip all too easily to looking to them to make income good, seeking the answer again from government. If not the new schemes, then the talk is of possible income from the as yet largely unformed and fledgling markets in carbon, biodiversity, nutrient...

Avian Influenza: GB Prevention Zone

DEFRA has declared an Avian Influenza Prevention Zone (AIPZ) across Great Britain. From midday on Monday 17 October, it will be a legal requirement for all bird keepers in Great Britain to follow biosecurity measures. More detail can be found online. Among other measures, keepers with more than 500 birds should restrict access for non-essential people on their sites, workers will need to change clothing and footwear before entering bird enclosures and site vehicles will need to be cleaned...

Jeremy's Blog 14th October 2022: Bringing Order in Compulsory Purchase

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 13th October 2022 It is a privilege to be granted compulsory purchase powers, to be given the power of the law to take property, homes and businesses from unwilling sellers at a time they did not choose. It often embroils those owners and occupiers in protracted and blighting conditions for years from the first mention of a scheme to the point of losing property and livelihood. Arguments about compensation then run on and...

Livestock Systems Downtime: 7pm Friday 4th November to 7am Monday 7th November

The following livestock systems will be unavailable from 7pm on Friday 4 November to 7am on Monday 7 November 2022 due to essential maintenance work: CTS Online;CTS Web Services;CTS Self Service Line;CTS SIS;ETAS;Animal Movement Licensing System. Users should try to submit notifications to these systems before or after this downtime. If however users believe that this downtime will result in late movement notifications or late passport applications, they should notify BCMS to make...

Prime Minister Confirms Commitment to Ban No Fault Evictions

Following recent speculation that the Government may scrap proposals to end no fault evictions for residential tenants in England, the Prime Minister, Liz Truss, confirmed during Prime Minister's Questions yesterday (12th October 2022) the commitment to ban s.21 notices. There is, as yet, no timetable for this legislative change. The CAAV Note 16th June 2022 outlines the proposals in more detail....

National Farm Management Conference returns for its 57th year

The QE II Centre in London will see the return of the National Farm Management Conference this November. The event, titled ‘Agriculture’s defining decade: Balancing food and environmental security’ will address the big questions in the industry when it comes to the security of our food and environment. There is a stellar line-up of industry speakers who will discuss and debate how the UK can continue to protect the environment while keeping up with the demand to produce food sustainably....

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....