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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.

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Jeremy's Blog 5th August 2022: Supply Issues and Future Proofing

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 4th August 2022 While it seems that weather records can always be broken, East Anglia, the south east and south central England have, with 5mm of rain, had the driest July since the Met Office was founded in 1836, after England’s driest 8 months since 1976. Temperatures above 40oC broke UK records. In a pattern consistent with but ahead of climate change forecasts, much of the west and north were wetter with Scotland having...

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Scotland: Edinburgh - first Short-Term Let Control Area

News

The Scottish Government has announced Edinburgh as the first Short-Term Let Control Area under the The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021. This is part of the Scottish Government's wider objective of addressing the perceived impact of short-term lets on communities (see CAAV Note 25th November 2021)....

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220802: Register of Overseas Entities in force from 1st August 2022

Documents

Introduced as part of the Economic Crime (Transparency and Enforcement) Act 2022 (see CAAV note 4th April 2022) with a supporting Statutory Instrument, The Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022, the Government has announced a "...register, designed to root out corrupt oligarchs and elites attempting to hide ill-gotten gains through UK property, has come into force...". From 1st August 2022, any foreign company wishing to buy UK property will...

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SI 2022/707 The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Documents

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 amend The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 with changes taking effect on 1st October 2022. All rented properties in England must provide a carbon monoxide alarm in rooms used as living accommodation where there is a fixed combustion appliance, such as gas heaters and boilers (but excluding gas cookers). Previously, the requirement only applied to solid fuel combustion appliances, such as wood burners, so...

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CAAV Note 220802: Biodiversity Net Gain - Technical Consultation

Documents

This note sets out the technical consultation published by DEFRA today, 2nd August on the biodiversity metric to be used for assessing biodiversity net gain under the Environment Act 2021 and to be introduced from November 2023 for use in conjunction with planning permissions and other development activity. Responses to the eight questions are required by 27th September....

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CAAV Note 220802: When is a Notice to Quit by a Joint Tenant Effective? - Pile v Pile [2022]

Documents

In Pile v Pile [2022] EWHC 2036 (Ch) the High Court considered whether one of the joint tenants to a periodic agricultural tenancy could have an injunction restraining the other joint tenant from serving a notice to quit with the intention of securing a new lease for himself alone. The issues raised were also now to be seen in the light of the intervening decision in the agricultural tenancy case Procter v Procter [2021] EWCA Civ 167. This note summarises the appeal decision....

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CAAV Note 220802: Professional Conduct before a Court or Arbitrator

Documents

In AZ (A Child) Recusal [2022] EWCA Civ 912, the court advised that it would rarely be appropriate to raise the possibility of referring an advocate to a relevant professional disciplinary body – in this case to the Bar Standards Board - on the basis of conduct when representing a client during the hearing and better to do afterwards.

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CAAV Note 220801: England - Call for Evidence on Holiday Lets and Second Homes

Documents

DCMS has issued a call for evidence as a consultation on Developing a Tourist Accommodation Registration Scheme in England, exploring the tension between the benefits of the sector and its effects and looking at options including registration and licensing. Some members and clients who are particularly involved in this area might wish to respond – the closing date is 21st September. This note outlines further details....

Scotland: New Build Heat Standard Consultation

News

The Scottish Government has launched a consultation on its proposed New Build Heat Standard. The Government has proposed that from 1 April 2024 all new buildings applying for a building warrant will only be permitted to use zero direct emissions heating systems. A zero direct emissions heating system is defined as one by which the building is heated or cooled or by which hot water is made available using thermal energy located within the building or its curtilage and which does not emit...

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Jeremy's Blog 29th July 2022: Independent Innovation

News

This article by Jeremy Moody first appeared in the CAAV e-Briefing of 28th July 2022 The CAAV’s Soils Event, deferred by the pandemic, was held last week at Norbury Park Estate on the Staffordshire/Shropshire border, enjoying the hospitality of the owner, Professor Jo Bradwell. Soil scientist, Elizabeth Stockdale of NIAB, distinguished “soil character”– is a soil sandy, peat, loam, brash, …? – from “soil health” – is that soil in good heart? As a changeable quality,...

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CAAV Note 220729: England - Nutrient Mitigation Scheme

Documents

As part of ongoing work to address water pollution issues, DEFRA has announced funding support for Natural England to establish a ‘strategic’ programme of nutrient offsetting: the Nutrient Mitigation Scheme. This note reviews the details available.

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CAAV Note 220728: Electronic Communications Code - EE & Anor v Stephenson & AP Wireless ("Pendown")

Documents

In considering the terms and consideration for a renewal of a telecommunications mast lease, the Tribunal again outlined in its decision the difference in valuation methodology that it has adopted for rents under para. 24 of the Code against those negotiations in the "real-world" and rent that would be determined by a County Court for a lease protected by the Landlord and Tenant Act 1954. This note summarises the decision and the importance of recognising the difference between consensual...

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CAAV Note 220727: Northern Ireland - EFS Wider

Documents

DAERA has announced that Tranche 6 of the Wider Level of the Environmental Farming Scheme (EFS Wider) will open for applications from 30th August 2022. This note provides more detail.

The Green Heat Network Fund – Deadline for Applications for Funding

News

The Green Heat Network Fund aims to support the public, private and third sectors in developing low carbon district heating and cooling networks. The three-year scheme, with a total of £288 million in capital funding, opened in March 2022. It is now open for applications for the second round of funding, with a closing deadline of 26 August 2022. A further nine quarterly funding rounds are planned, with the last one on 29 November 2024. Grant funding is available of up to 50 percent of eligible...

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