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 payment rate for the Countryside Stewardship option top fruit organic conversion (OR5) is being increased from £1,254 per ha for up to 3 years, to £1,920 per ha for up to 3 years.
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.
We have published this guidance to using the CAAV’s Facilitating Dispute Resolution service, supported by this podcast. The CAAV President has statutory status for the appointment of arbitrators to agricultural tenancy disputes under the 1986 and 1995 Acts on unilateral request. However, the CAAV service goes much wider than that, appointing arbitrators, experts and mediators for all rural disputes across the United Kingdom. We start by urging good and effective negotiation to avoid the...
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.
Three years ago, the Agriculture Act gave the CAAV statutory recognition as a professional authority to appoint arbitrators to manage disputes between tenants and landlords. Since then, the council and executive have established the CAAV facilitating dispute resolution service, and published a range of professional support papers to help in this area. Now, the association has produced a new and comprehensive publication which pulls together many of those threads, to help people avoid...
The Scottish Government has today published its Programme for Government for the coming session of the Scottish Parliament. Among other legislation, the Programme includes Bills for Agriculture, Land Reform and Housing. This note provides an overview....
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.
We have received the following update from the RPA: Customers intending to apply for CS Mid-Tier online (closing date 15 September 2023) will need to submit land changes no later than 5 Sep 2023. Please advise your members that we can prioritise emails if they include the subject heading ‘CS application RLE1 land change’ and their SBI.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 31st August 2023 We have yet to see what the true effect of the Government’s proposed changes to nutrient neutrality might be. The combined package of legislative amendments (yet to pass the House of Lords), measures and funding is intended to achieve both the unlocking of house building and improved quality of water courses. That package represents a move from a single tool, requiring nutrient neutrality only from...
The Scottish Government has published the Basic Payment and Greening Rates for 2023. This note has more detail.
Members will be aware that farmers and land managers have been invited to register their interest in applying early for the SFI 2023 as part of the controlled rollout of the scheme. Submitting the Expression of Interest form when invited to do so will enable eligible applicants to access the scheme as it is opened. The speed of the controlled rollout will then be assessed to prevent backlogs and delays. Once applicants have registered their interest, they are advised to review the scheme...
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.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 24th August 2023 Harvest can be a time for taking stock – perhaps especially with this year returning to a more catchy form after last year, with better weather grabbed when possible but with challenges in drying costs, quality and prices. More have had old crop in store and any national surplus faces export markets. For many, tax payments on the 2022 harvest year will be due in January. But it marks the completion of a...
DEFRA has announced that from 23rd August, the ban on gatherings of Galliforme poultry and birds has been lifted. Galliforme birds include chickens, turkeys, pheasants, partridge and quail. The ban has only been lifted in England and Galliforme birds and poultry from Wales and Scotland are not allowed to attend bird gatherings in England. Gatherings are subject to the APHA poultry gathering general licence and giving APHA seven days notice of the event. They are not permitted in disease control...
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 Welsh Government has published a study by consultants ADAS reviewing the impact of solar PV sites on soils and land quality. The study reports includes a literature review and background material. It finds that the main impact is from soil compaction during construction and, implicitly, decommissioning, measured in terms of potential changes to the Agricultural Land Classification. It also finds that there remain many gaps in the evidence, knowledge and experience....
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...
Northern Ireland: Farmers and advisers in West County Armagh, South Tyrone or all of Fermanagh are reminded to register for Zone 2 of DAERA’s Soil Nutrient Health Scheme (SNHS). The deadline to do so is 31 August 2023. More detail on the SNHS is available in our website note of 23rd June 2023....
The Farming & Countryside Programme team at DEFRA is holding a webinar for farmers to find out about the payments available in England. The webinar will take place on 6th September, between 11:30am and 12:30pm. More detail, and booking, is available here: Defra funding for farmers webinar Tickets, Wed 6 Sep 2023 at 11:30 | Eventbrite....
DEFRA has recently launched a campaign to recruit a new cohort of members for the Independent Agricultural Appeal Panel. As you know, the panel is an important part of the process in considering cases of dissatisfaction relating to policy. Details of the application process can be found via the link below: Role details – Independent Agricultural Appeals Panel members – Apply for a public appointment – GOV.UK (apply-for-public-appointment.service.gov.uk)...
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...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 17th August 2023 News of planning permission for a prawn farm in Crowland, Lincolnshire draws attention to high investment agricultural projects in a number of UK farming sectors where the business, rather than the property, will be the driver of value. This is still agriculture, further testing farming’s spectrum from food production to land management. According to the proposition, agricultural planning rights may be...
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.
The Rural Payments Service will be unavailable due to maintenance between 5pm on Wednesday (16th) and 9am on Thursday. We have been informed by the RPA that this 'is a full system release with critical items in it, including urgent fixes for MT Online'. Members will be aware of some ongoing issues with CS Mid-Tier applications. The CAAV has been told by the RPA that no one will be disadvantaged by a technical error. Those experiencing issues are advised to: Read through the CS application...
Natural England have updated their guidance on stacking payments for Biodiversity Net Gain, Nutrient Neutrality in England. The update provides more information on using the same land for BNG and/or NN and government agri-environment schemes. The guidance can be found here: Combining environmental payments: biodiversity net gain (BNG) and nutrient mitigation - GOV.UK (www.gov.uk)....
DEFRA opened Round 3 of the Small Research and Development (R&D) Partnerships on 14th August. Our website note of 2nd August contains more detail....
This note provides an update for those needing to submit an RLE1 form ahead of applying for CS Mid Tier in 2023.
Scottish Power Energy Networks has published its wayleave rates taking effect from 1st May 2023.