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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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210818 Wales: The Woodland Investment Grant (TWIG)

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The Welsh Government has launched The Woodland Investment Grant (TWIG), a new scheme part of the National Forest for Wales Programme. The grant will provide financial support for people to: create new woodlandsmake improvements to existing woodlands which meet the standards of the National Forest. The window for application opened on 14th July and runs until 27th August 2021. The Welsh Government has published questions and answers from The Woodland Investment Grant (TWIG) Live Event held on...

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Jeremy's Blog 13th August 2021: Tenancy Agreements

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This article by Jeremy Moody first appeared in the CAAV e-Briefing of 12th August 2021 The CAAV has now published new editions of the model FBTs for England: one for largely bare land agreements for two years or less, the other for longer agreements and more fully equipped land – weblinks given below. New editions for Wales were issued earlier in the year. Revisions last year responded to Brexit; these pick up on the new policies under the Agriculture Act and the Environment Bill. They are...

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210813 Wales: Consultation on the Agricultural Pollution Regulations

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A consultation has been launched on the Welsh Agricultural Pollution Regulations. The Economy, Trade and Rural Affairs Committee is gathering views on The Welsh Government’s agricultural pollution regulations. Find the full details of the consultation here. The deadline for the consultation is 10th September 2021.

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TT1 Tenant’s notice to landlord under s.19A

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The Agriculture Act 2020 inserted a new s.19A into the Agricultural Holdings Act 1986 enabling a tenant to: - challenge a landlord’s refusal of consent or conditions for consent - seek to vary the terms of tenancy agreement where this is either to: - have access to a financial assistance scheme under the Agriculture Act (such as one of the environmental land management schemes) or - to meet a legal obligation The legislation encourages prior discussion between tenant and landlord but if...

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CAAV Model FBT for 2 years or less (England) (V3)

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The CAAV model Farm Business Tenancy for England (for 2 years or less) has been updated with effect from 10th August 2021. The new version is attached as a Word document, as well as the previous edition as a pdf document showing tracked changes. The model agreement is offered to members to adapt and modify to record the actual business agreement between owner and farmer and to suit the individual circumstances. Such adaptation is a matter for professional judgment of the member for which the...

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CAAV Model Farm Business Tenancy (England) (V9)

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The CAAV model Farm Business Tenancy for England (for an initial term of more than 2 years) has been updated with effect from 10th August 2021. This version has been created as a result of developing policies in the Agriculture Act 2020, the perspective changes of the Environment Bill and other changes, as outlined in the accompanying 'Commentary' document. The template is available here as Word document (CAAV Model FBT V9 06 08 21 Final) with the previous edition as a pdf document showing the...

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CAAV Note 210811: IPCC Report 6

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On 9th August Working Group I of the IPCC published its contribution to the Sixth Assessment Report (AR6), on the physical basis for climate change. This note offers an overview of the findings.

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Government to Trial installing Fibre Optic in Water Pipes

News

The Government has announced plans to trial the rollout of broadband by utilising existing water pipes to install fibre optic cables. This new scheme could support the £5 billion Project Gigabit plan to level up broadband access in hard-to-reach areas as well as the £1 billion Shared Rural Network, which aims to create reliable 4G phone signals to many of the most isolated parts of the country....

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Jeremy's Blog 5th August 2021: Managing Risks in Environmental Agreements

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This article by Jeremy Moody first appeared in the CAAV e-Briefing of 29th July 2021 Understanding risks is a key part of making a market work. A buyer wants to know exactly what is being bought; the seller wants to contain the risks in that. Market pressures, contract law, consumer protection and other interventions seek to help with means, like the Land Registry, to authenticate major assets. Environmental agreements, including biodiversity gain, have risks as much as any other transaction....

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CAAV Note 210806: England - Aire Catchment Natural Flood Management Funding

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The Environment Agency, Leeds City Council and the White Rose Forest partnership are encouraging landowners in the River Aire catchment to participate in a scheme that is to provide funding for natural flood management (NFM) activities. This website note sets out some further detail of the programme.

#27 – Jeremy Moody on the different land occupation arrangements of England and Wales

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In this episode, Jeremy Moody gives an introductory outline of the main ways in which a landowner can make land available to others who want to farm it, whether using a tenancy, licence or other rights. He reviews the basics of the Agricultural Holdings Act 1986 and of Farm Business Tenancies, gives a brief introduction to joint ventures and touches on Inheritance Tax and Basic Payment.

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Nothing New Under The Sun - Agricultural Valuers At Work 4000 Years Ago

News

Clay tablets can last longer than parchment, papyrus and paper, keeping records of contracts, debts and now of the sale of part of a field in central Iraq four millennia ago. Dr Daniel Mansfield of the University of New South Wales has shown that, with the legal details, the Old Babylonian tablet Si.427 records the right angled triangles used to measure the areas and give more exact rectangles than in earlier tablet to get the boundaries right, towards 1900BC and over a thousand years before...

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Sustainable Farming Incentive Pilot Advice Update

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DEFRA have made amendments to the online guidance for the Sustainable Farming Incentive Pilot. In particular, the advice on soil compaction and green cover has been updated. The full guidance is available here: Sustainable Farming Incentive pilot: summary of advice - GOV.UK (www.gov.uk)....

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CAAV Note 210803: Energy Policy Update

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This note offers an update on three recently published energy policy documents and consultations: The Smart Systems and Flexibility Plan 2021Digitalising Our Energy System for Net Zero: Strategy and Action Plan 2021Energy Future System Operator Consultation...

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210802 England: Catchment Sensitive Farming Programme extended across the whole of England and funding boosted

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The Government has announced that the Catchment Sensitive Farming Programme has been extended across the whole of England and the funding for the programme will now be almost doubled, with an additional £17m over the next three years. This means that every farmer able to access advice and support by March 2023 to help tackle pollution which results from manure, fertiliser and soil running off into rivers when it rains. See the GOV.uk website for more detail....

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CAAV Note 210802: England - Biodiversity Gain - DEFRA Replies to the Lords (2)

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Proposals for biodiversity net gain was the subject of an extensive debate in the House of Lords, which the CAAV reported on in this webnote. During that debate, the Minister, Lord Goldsmith, promised to make further replies to a number of points raised by peers. This note provides an overview of the Minister's responses.

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Jeremy's Blog 30th July 2021: Life of the Profession

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This article by Jeremy Moody first appeared in the CAAV e-Briefing of 29th July 2021. The further easing of pandemic restrictions enabled by widespread vaccination and past infections opens up thoughts of how the personal and social side of professional life, business and fellowship might resume. We are looking at what the new balance might be that, across the range of ways we work, combines efficient professional support and the social interaction of a wider life. While judging risk, there is...

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CAAV Note 210729: TRIG - Code of Practice for Diversification

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The Tenancy Reform Industry Group (TRIG) has now published a new Code of Good Practice for projects, schemes or works where an agricultural tenant needs landlord's consent. This note offers an overview of the guidance. The Code can be seen on the RICS’s website....

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210728: Home Loss Payments Update

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This note contains a summary of the current home loss payments payable in the devolved parts of the UK, including an update for changes to apply in England from 1 October 2021.

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CAAV Note 210727: England - Farming in Protected Landscapes

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This note reviews the detail of the Farming in Protected Landscapes programme - which is to provide funding to farmers and land managers in Areas of Outstanding Natural Beauty, National Parks and the Broads - and provides some examples of projects that may be funded through the scheme.

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CAAV Note 210726: Building Safety Bill

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The Building Safety Bill has been put forward to Parliament. In this note, we review the broad changes proposed within the Bill, including the New Homes Ombudsman Scheme, creation of the Building Safety Regulator, changes to building control and the Defective Premises Act 1972.

#26 - The CAAV Examinations - the gateway to Fellowship

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In this episode we discuss the CAAV examinations – the demanding two-day practical, written and oral examinations that about 160 probationers sit each year in order to gain Fellowship of the CAAV. We are joined by two examiners, Gareth Lay and Edward Buckland, to explain what’s involved, what does the exams cover and, most importantly, how to best prepare in order to pass....

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Jeremy's Blog 23rd July 2021: Planning

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This article by Jeremy Moody first appeared in the CAAV e-Briefing of 22nd July 2021. The Government in London is clearing desks before Parliament goes into Recess tonight. Tuesday saw statements on planning policy for housing in England, one of the most significant controversies for the coming months. The bones of the policy set out in August 2020’s White Paper are for: 300,000 houses a year, allocated where house price/local earnings ratios show demand councils to identify growth...

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210723 England: Consultation for local residents on the Oxford-Cambridge Arc

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The Government has launched a consultation for local residents to express their views on the future development around the Oxford-Cambridge Arc. See the press release. The Creating a Vision for the Oxford-Cambridge Arc consultation aims to help the Government create a vision for the Oxford-Cambridge Arc Spatial Framework, and in doing so guide the future growth of the area to 2050....

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CAAV Note 210722: England - Biodiversity Metric 3.0 - Notes on Methodology

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Natural England has now published the Biodiversity Metric 3.0, the calculating tool to be used when establishing baselines and assessing proposals for Biodiversity Net Gain. With the Environment Bill now progressing through Parliament and expecting all development to result in a 10 per cent gain in biodiversity, it is expected that this v.3.0 of the Metric either is or represents closely what will be used as the new regime takes effect. With this tool expected to be important for other issues,...

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CAAV Note 210722: England - Planning Policy - Limits on Restricting PDRs

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The Government issued a revised National Planning Policy Framework (NPPF) for England. This note records the revised text on the extent to which plans may be tailored to local circumstances, including how far Article 4 directions and planning conditions may be used to qualify or remove permitted development rights, notably those for conversion of buildings to residential use.

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210721 Wales: Covid-19 - Tenancy Hardship Grant now open to applications

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The Welsh Government launched the £10 million Tenancy Hardship Grant in their written statement of 15th July. The Tenancy Hardship Grant is now open to applications. Tenants who are not in receipt of housing related benefits, and who have fallen behind on their payments by eight weeks or more as a consequence of the pandemic, between 1 March 2020 and 30 June 2021, will be eligible to apply for a grant....

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Scottish Home Energy Efficiency Programmes: Area Based Schemes

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The Scottish Government has announced an increase to the funding that will be available for the 2021/22 period for the area based Home Energy Efficiency Programmes. Area Based Schemes are delivered by local authorities targeting fuel poor areas and communities. Funding also targets the 'hardest to treat' properties which require external wall or complex cavity wall insulation, making homes warmer and less expensive to heat. £64 million - an increase of £9 million on last year - will be made...

Countryside Stewardship: Inheritance Tax and Capital Gains Exemption Guidance

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DEFRA has released the latest list of Countryside Stewardship options that are available on land that has been designated by HM Revenue & Customs (HMRC) as conditionally exempt from Inheritance Tax (IHT) or as the object of a Maintenance Fund. Options may be excluded to avoid the issue of double funding: for example, where it is already a requirement of IHT Heritage Relief to maintain historic parkland, funding for the same activities will not be available through Countryside Stewardship....

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210715 Scotland: Delivering on farming payments 2021

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The Scottish Government announced that farming support payments exceeded target across all schemes in 2020. More than £530 million was paid out by 30 June 2021, with all schemes exceeding the regulatory target of 95.24% and outperforming 2019 levels. A total of 99.5% of Basic Payment Scheme, Greening and Young Farmer funds were paid by the end of June. The Scottish Suckler Beef Support Scheme, Upland Sheep Support Scheme and the Less Favoured Areas Support Scheme also delivered more than...

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Tamworth potato processor fined £6,500 for water pollution incident

News

A Tamworth potato processor has been fined £6,500 for a pollution incident killing over 450 fish. The company pleaded guilty to an offence under the Environmental Permitting (England and Wales) Regulations, 2010. A total financial penalty of £21,264 was imposed on the company which included a contribution to prosecution costs of £10,000. The pollution resulted from a split pipe pumping into the lagoon, and a crude attempt had been made to repair it. This was discharging into a ditch then...

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CAAV Note 210715: England - Future Farm Resilience Fund Update

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Earlier this week, DEFRA announced that they had chosen 19 organisations to receive funding to provide support to farmers during the Agricultural Transition. The funding, which has been made available as part of the Future Farming Resilience Fund, will enable the chosen organisations to provide support and advice to farmers for free, so that they may: understand the changes that are happening as a result of the Agricultural Transition; identify how, what and when business models will need to...

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