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 Chancellor has announced a cut in the higher CGT rate on gains made on these disposals from 28 per cent to 24 per cent.
The response to the hedgerow protections consultation from 2023 has now been published, along with planned next steps. This note provides an overview.
Last year, Michael Gove, Secretary of State for Levelling up, Housing and Communities, called in a planning application by Marks and Spencer for the demolition and replacement of its store in Oxford Street. Marks and Spencer has now succeeded in the High Court in having that decision quashed. Its appeal was upheld on five of the six grounds advanced, including the net zero argument (see decision). The note below provides further information....
The decision in Butler v HMRC by the First Tier Tribunal decision denied Business Property Relief (BPR) from Inheritance Tax to a taxpayer on the basis of an LLP business which principally operated as a wedding venue. This decision turned on the specific facts of how the wedding venue came to be operated and, as a First Tier Tribunal decision, it does not bind any other Tribunal. While the operation employed four people full time, it was found to be more akin to being the landlord of commercial...
DEFRA has updated its delinked payments guidance to include more information on transferring reference data. This note looks at some of the provisions for transferring delinked payment reference data.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 29th February 2024 Perhaps, as in T.S. Eliot’s words, “Humankind cannot bear very much reality” (Four Quartets). Much of our public discussion seems based on making gestures, that the wish is better than the deed, the protest more material than the answer, rather than facing the realities of our problems and tackling them, explaining the issues and applying the practical remedies. One of the greatest challenges of...
Changes to compulsory purchase legislation in England were contained in the Levelling-Up and Regeneration Act 2023. These commencement regulations implement the relevant provisions. The CAAV Note of 22nd February 2024 and supporting Podcast provide further information....
The Scottish Government are consulting on proposals to be brought forward in its Heat in Buildings Bill. There are five broad proposals: use of “polluting heating systems” to be prohibited after 2045; those purchasing a home or business premises to end their use of polluting heating systems within a fixed period following completion of the sale; new laws that will require people and businesses to end their use of polluting heating when a heat network becomes available; homeowners to...
The Home Office has published a factsheet, summarising changes to be brought in by the Economic Crime and Corporate Transparency Act 2023. Once fully implemented, the Act will provide a range of measures to tackle money laundering, corruption and fraud. This includes greater transparency over who owns and controls Limited Companies and limited partnerships (LPs). The CAAV Note of 9th May 2023 outlines how the Act will sit alongside other anti-money laundering and transparency legislation....
Last year, the CAAV made this response to the consultation by the Treasury and HMRC on the taxation of environmental land management and eco-system markets. The Financial Secretary to the Treasury, Nigel Huddleston, has now replied to the CAAV saying that “the Government will give a further update in Spring 2024”. This note provides further briefing....
Members are reminded that the window for transferring delinked payment reference data opens on 15th February and closes on 10th May. For more detail, see our website note of May 2023....
New non-domestic rating lists were compiled on 1st April 2023. When new non-domestic rating lists are compiled, the rateable values of hereditaments are reassessed. Hereditaments may see changes in rateable value compared with 31st March 2013 without there necessarily having been a change to the hereditament. The Non-Domestic Rating (Rates Retention and Renewable Energy Projects) (Amendment) Regulations 2024 amend The Non-Domestic Rating (Rates Retention and Renewable Energy Projects)...
The Levelling-Up and Regeneration Act, which gained Royal Assent last year, has made amendments to compulsory purchase legislation in England. Rebecca Collins from the CAAV offers a practical guide on some of the most pertinent details.
The RPA has published an online SFI Action Checker: Check what SFI actions you can get paid to do on your land (defra.gov.uk). This tool can be used to assess which SFI Actions are compatible with the land types on a holding, and directs users to the relevant guidance. It does not assess eligibility for the SFI scheme, but rather is intended as an entry-level tool for those scoping out which actions may be suitable for them....
The Welsh Government has issued this statement today in apparent answer to the concerns recently expressed by farmers and covering the Sustainable Farming Scheme consultation, the Water Resources Regulations and TB policy. This note has an overview.
Last year, we briefed members on proposed changes to be made to the Planning Policy Wales (PPW) document, to introduce a requirement for net benefit for biodiversity to be achieved by developments (see: CAAV Note 230316: Wales - Biodiversity Update to PPW - The Central Association for Agricultural Valuers). In a letter to heads of planning in Wales, the Chief Planner has now confirmed the changes that are to be made. The original wording of the policy set out at consultation has been...
It has been brought to our attention that some members have been receiving scam emails purporting to be from the CAAV and stating that their membership is overdue. If you receive one of these scam emails please delete it. Any genuine emails regarding membership would come from dorota@caav.org.uk or abby@caav.org.uk.
HMRC are offering two webinars for residential landlords:19th March 2024 - expenses and deductions, including revenue and capital expenses, costs of repairs and improvements and finance. Register here20th March 2024 - property income, including furnished holiday lets, 'Rent a Room' scheme and property income allowance. Register here...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 22nd February 2024 The Government went in strength to this week’s NFU AGM: the first Prime Minister’s visit for 16 years as well as the new Secretary of State, Steve Barclay, and Farming Minister Mark Spencer. Always an occasion for announcements, more were made than usual, fleshing out policy development and schemes. Following Steve Barclay’s speech to the Oxford Farming Conference, the theme for England is now...
The Green Finance Institute, with funding from DEFRA, have produced a Farming Toolkit for Assessing Nature Market Opportunities. This note has a short overview.
Having gained Royal Assent last year, England’s Levelling-up and Regeneration Act 2023 is being implemented in phases. Secondary legislation is required for many of the provisions, with the Act simply providing the enabling powers for these. The Act covers a wide range of subjects, but much of it concerns development control matters and some points on compulsory purchase. It is this latter subject of compulsory purchase which is the focus of the note below, with commencement regulations...
The guidance for the 2024 round of the Farming Equipment & Technology Fund (FETF 2024) has now been published Farming Equipment and Technology Fund 2024 - GOV.UK (www.gov.uk). DEFRA have also published a blog post on the fund: Farming Equipment and Technology Fund 2024: guidance now available - Farming (blog.gov.uk). This note provides an overview of the 2024 grants....
Jeremy Moody, CAAV Secretary and Adviser, spoke to the CAAV-hosted meeting at this January’s Oxford Farming Conference with the theme of UK Farming Land Tenure at a Crossroads. The need for improved farming productivity together with the focus on environmental and net zero issues is putting great pressure of rural land, its use and occupation. Agricultural tenancies, business arrangements and, indeed, land ownership are all under stress. Jeremy reviewed some of both the new challenges to be...
The Prime Minister speaking to the NFU AGM on 20th February has announced a business package for farming, specifically with reference to “productivity and resilience”. This note has more detail.
With effect from 16th February 2024, the Welsh Government has lifted restrictions on gatherings of galliforme birds (such as pheasants, chickens and turkeys). A general licence for captive birds or poultry, as the case may be, is required. Restrictions on gatherings of anseriforme birds (such as ducks, geese and swans) remain in place....
The House of Commons Committee published its 10th Report on HS2, which includes recommendations to the Department for Transport and HS2 regarding land disposal policy on the cancelled sections of the project.
Following the Prime Minister’s speech today at the NFU AGM, DEFRA has published these two overviews of its schemes: the range of financial assistance schemes – see this link the Farming Investment Fund for productivity The Prime Minister's announcements are summarised in our note....
The accompanying note summarises the Prime Minister's announcements at the NFU AGM on 20th February 2024
Responding to the recent farmers demonstrations in Wales over issues including the demands of the proposed Sustainable Farming Scheme, First Minister Mark Drakeford has said that it is for the Welsh Government, not farmers, to determine what it wants for the money it can offer Welsh agriculture. The note below provides more information.
The Government has announced that short-term residential lets in England are, with effect from this summer, to be: brought into the planning systemthe subject of a mandatory national register. The note below provides further information.
DEFRA is lifting the Kent and Norfolk Temporary Control Zones (TCZs) for Bluetongue in England from Monday 19th February. This note sets out more detail.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 15th February 2024 DEFRA’s Sustainable Farming Incentive (SFI) is the element of England’s new regime that sits best with commercial farming. There are some non-production options but, generally, the actions offered can readily fit with or alongside commercial farming. Actions available or becoming available include improving soils, helping the adoption of precision farming and multi-species pastures with their benefits...
Further to our website note of 15th February, this note sets out more details of the enlargement of Class MA permitted development right to change use from commercial to residential use
This decision relates to the assessment of statutory compensation under s.7 of the Compulsory Purchase Act 1965, commonly referred to as injurious affection, as well as disturbance compensation under Rule 6 of s.5 of the Land Compensation Act 1961. While not creating any new legal precedent, this decision does provide a reminder of: fundamental concepts for valuers assessing injurious affection and the need to disregard matters that could not have been known at the valuation date. the common...
This note summarises the two changes to Permitted Development rights in England under The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2024 SI No. 141, widening the rights to change from commercial to dwelling use.
The Forestry Commission are running a free event on 22nd March 2024 to provide an introduction to woodland creation opportunities, funding and support. The event will take place at the Holiday Inn, Scotch Corner, DL10 6NR. More detail and booking is available here: Woods Mean Business: tree and woodland event for land and forestry agents Tickets, Fri 22 Mar 2024 at 09:30 | Eventbrite....
DEFRA has issued its sample-based survey of farm rents in England drawn from the Farm Business Survey. This note provides a summary.
The CAAV has joined with the Portuguese association, ASAVAL, and TEGOVA to organise a conference on agricultural valuations to be held in Lisbon on Friday 22nd March 2024, concluding in time for the last weekend before Easter. This is an opportunity for insight in experience of the differing markets and approaches in countries from the UK to Bulgaria, Portugal and Italy to Latvia at a time of geopolitical pressure, climate change, technological development and other factors. That has led TEGOVA...
This note explores some of the issues relating to the management of road-side hedges under SFI.
The Welsh Government has opened a consultation on a set of Environmental Principles for Wales, as well as a new environmental governance body, for which it intends to legislate. This note looks at the proposals.
The Welsh Government has published a written statement on Riparian Ownership: Maintaining Watercourses, highlighting guidance document produced by NRW which explains to landowners how riparian ownership works, and how it might affect them.
The Government has today issued two consultations on planning policies for England: one on a range of further permitted development rights for householder development (deadline 9th April 2024); andone on strengthening the presumption for the development of brownfield land, especially for major conurbations (deadline 26th March 2024). The note provides an overview of both consultations....
The papers for the Council meeting being held on 15th February are attached.
From today (12 February), all new major housing developments in England are required to deliver at least a 10% Biodiversity Net Gain. A collection of related CAAV resources and external guidance is available on our website here: BNG - CAAV Collected Guidance - Version 1 - The Central Association for Agricultural Valuers.
The Product Security and Telecommunications Infrastructure Act 2022 (PSTI Act) makes changes to the Electronic Communications Code. The provisions of the Act are being implemented in phases, with some now in force and others still awaiting commencement regulations. The note below summarises which provisions have been implemented and which are yet to come.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 8th February 2024 It started in Holland but has now spread to most EU countries in the mainland of Europe, from Spain to Poland as farmers bring their tractors to town make their points. Each country’s protests though follow its national agenda, perhaps only unified by the EU’s pernickety farm-level auditing of the CAP and the growing force of the EU Green Deal. With a wider background of western malaise and ahead of...
Rent Smart Wales have recently issued a reminder to landlords and their agents to download the most up-to-date versions of template model contracts and prescribed forms from the Welsh Government website each time, rather than using locally saved documents. This follows some minor amendments made last year, taking effect on 6th December 2023, as summarised in the CAAV Note of 23rd November 2023....
Draft Regulations have been laid before the Scottish Parliament to provide transitional measures that, if approved, will take effect on 1st April 2024. This latest legislation follows the temporary rent cap and eviction moratorium protections brought in by the Cost of Living (Tenant Protection) Act 2022, which will cease to apply after 31st March 2024. The note below provides further information, as well as the Scottish Government publishing updated guidance ahead of the legislation being...
The Co-operative Group, in partnership with it supplier Dunbia, is piloting a programme to incentivise actions for sustainability in its supply chain. This note has a brief overview.
This note provides a recent example of conveyancing or payment diversion fraud, and contains some tips for avoiding these scams.
The 2024 edition of the CAAV Model Grazing and Mowing Licence for Wales is attached. The adaptation of this agreement to practical circumstances is a matter for the professional judgement of members for which the CAAV can accept no liability.
The Northern Ireland Assembly met on Saturday 3rd February, forming a new Executive and electing Edwin Poots, the DUP former Agriculture Minister as Speaker. This note provides a summary.
AECS 2024 is now opening to offer support to land managers in Scotland. This note provides a brief overview.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 1st February 2024 Many very large things are being asked of us and our land. We are being asked to answer climate change and adapt to increasingly volatile weather, reducing emissions, sequestering carbon and managing water, improving nature and eco-systems, providing housing and other development including infrastructure – and still provide food. All that is to come from the finite area of our islands at a time of growing...
The draft Code of Behaviour for all parties, whether landlords, tenants, agents and advisers (see Note below) will be considered by the CAAV Council on 15th February. Members wishing to have views considered, either e-mail them to Jeremy Moody at the Secretariat (jeremy@caav.org.uk) or contact their Local Association Council member(s) so that those views can be available for the Council discussion.
The Bank of England has held its base rate at 5.25% with the Governor noting that geopolitical risks had intensified. Six members of the Monetary Policy Committee voted for a standstill, two for an increase and one for a cut.
For rental properties in Scotland, the Housing (Scotland) Act 2006 s. 14 imposes on landlords the duty to meet a repairing standard. Items are to be in reasonable repair and working order. Section 13(7) lists what is covered, including: wind and water tightness; structure and exterior, including drains, gutters and external pipes; installations for the supply of water, gas electricity, sanitation, space and water heating; fixtures, fittings and appliances; and furnishings. A new version of The...
On their blog, the RPA has reminded BPS claimants of the new deadlines for payment queries and appeals. The 60 day deadline starts on the ‘date of notification’. This is the date the RPA emails or writes to a claimant, giving notification of a payment decision. This can be:a payment remittancea payment querya response to a payment query, when the original payment query was received by the RPA within 60 days of sending a payment remittanceFor any BPS payment decisions notified before 1...
A package was announced on 30th January for revision of the regulatory and other arrangements for trade with Northern Ireland. The Government has now published the Command paper, Safeguarding the Union, and the first legislation to implement parts of it are expected to be debated tomorrow. This note provides an overview of issues related to agriculture.
After publication of a draft last year (see CAAV Note 20th November 2023), the Home Office has published its Code of practice on right to rent, which will be applicable to residential landlords and their agents in England with effect from 13th February 2024....