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 Government has announced that the Biodiversity Net Gain regime in England is to start from January 2024. This note provides more detail.
The High Court has handed down a decision in case of proprietary estoppel: Spencer v Estate of John Mitchell Spencer & Ors [2023] EWHC 2050. This note reviews the case.
The Welsh Government has now announced the payment rates for the Habitat Wales Scheme: Habitat Wales Scheme: outline [HTML] | GOV.WALES. For more background on the scheme, see our website note of 31st August.
Homes England has published a Housing Information Hub, collecting up a series of guidance pages into one place. The Hub can be found here: Housing Information Hub - GOV.UK (www.gov.uk).
In his speech on 20th September setting out changes to net zero targets, the Prime Minister announced that grants made for the installation of heat pumps would be increased. The Secretary of State has issued a notice under Regulation 13 of the Boiler Upgrade Scheme (England and Wales) Regulations 2022 that the grant will be increased from £5,000 for air source heat pumps and £6,000 for ground source heat pumps to £7,500 for both types of heat pump. The increase will become effective from 23rd...
The CAAV has responded to a consultation in England on proposed amendments to permitted development rights, and a call for evidence on planning policy for nature based solutions and farm efficiency projects. Our response is attached here.
The Government has broadened the eligibility criteria for the Animal Health and Welfare Review (for background, see our website note of 7th February). Farmers who have not receive BPS in the past - as well as those who have or expect to receive the Lump Sum Exit Scheme payment - are now also able to apply for funding for a vet visit and welfare report. More information on applying is available on GOV.UK: Guidance for farmers - Annual health and welfare review of livestock (defra.gov.uk)....
DEFRA has announced a new £25 million programme to improve flood resilience through natural flood management. This note provides more information on the fund.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 22nd September 2023What a moment to be starting on a professional career as an agricultural valuer. Having spoken this week to the new entry at the RAU and soon to speak at Harper Adams, students are starting their courses leading to the profession. Across the country, people are starting their first employment and their practical training. Both groups start at this fascinating time when so much is now open for change and all...
Members wishing to ask the CAAV President to appoint an arbitrator on behalf of either tenant or landlord in a tenancy matter under the 1986 and 1995 Acts this Michaelmas can find the application form on this page of the CAAV website. In January, Parliament increased the statutory application fee to £195. We are happy to accept the form attached to an e-mail to charlotte@caav.org.uk but, especially for rent reviews, do remember to submit applications in good time ahead of the term date. A...
This note sets out the CAAV Check List for reviewing issues with regards to Climate Change Adaptation and Risk Assessment.
This note summarises the Prime Minister’s speech yesterday afternoon (20th September) and the accompanying press release set out a number of points potentially relevant to practice.
Following recent announcements and proposed changes to legislation on Nutrient Neutrality, DHLUC has responded with a statement. This note provides a summary.
The CAAV has responded (on 15th September 2023) to 'A Call for Evidence on securing a path towards Adequate Housing – including Fair Rents and Affordability'. A copy of the response is below.
Applications are now open for the Farm Innovations Programme Feasibility Studies. Applications for this competition should be at an early stage of research and development, with the grants to support projects through testing to see if a research idea works in practice and if it is worth further investment. The total cost of the project must be between £200,000 and £500,000 and last up to 24 months. More information is available in our website note of 2nd August....
The Sustainable Farming Incentive opened for applications on the 18th September. DEFRA are undertaking a 'controlled' roll-out of the SFI, with the scheme gradually opened to more land managers. For more detail, see the SFI Handbook, our website notes of 21st June and 29th August, as well as a recent CAAV podcast. In conjunction with the opening of the SFI applications, DEFRA has updated some of the relevant guidance pages on the GOV.UK website. This includes the publication of a range of...
In an announcement today (Friday 15th September), DEFRA has confirmed that those with an open CS Mid Tier application, or those who have submitted an RLE1 form with the intention to apply, will have additional time to complete their application beyond the 15th September deadline. Some may be aware of ongoing tech issues with the CS application portal, meaning that some have been unable to complete and submit open applications. Those in this position should contact the RPA by email, including...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 15th September 2023 The end of September brings Michaelmas, for perhaps half the tenancies in England and Wales a key point, whether for rent review or termination. Its longstanding place in the agricultural calendar is shown by the persistence of the old Michaelmas date of 10th October with continuity from before the UK changed its calendar in 1752, alongside new Michaelmas on 29th September. Tenancies will start and...
The September 2023 edition of the CAAV News Letter is attached
The CAAV Members' Handbook 2023/24 is attached.
The summary Schedule for the 2023 CAAV Costings of Agricultural Operations is attached. Hard copies will be sent with the September mailing.
The National Trading Standards Estate and Letting Agency Team (NTSELAT) have published Terms used in property advertising (sales and lettings) guidance, outlining many common terms used to describe the status of a property during the marketing process. This note provides a summary, including clarification on the use of the term 'POA', which is considered to be in breach of consumer protection legislation....
The Scottish Government has opened a consultation into Scotland’s Biodiversity Framework. This note provides more detail.
The Government has set out the detail of a range of measures to support the delivery of nature recovery in protected landscapes in England. This note provides more information.
The Department for Communities has announced consultations on two sets of technical regulations that are proposed to be made under the Private Tenancies (Northern Ireland) Act 2022. One set of regulations would introduce requirements for the provision of smoke, heat and carbon monoxide alarms in private rented properties in Northern Ireland, including draft regulations and how to respond are provided. A second set of regulations would introduce five-yearly electrical safety inspections in...
Natural Resources Wales has published the dates for engagement events about the creation of a new National Park, based on the Clwydian Range and Dee Valley AONB. More background to the designation is available in our website note of 6th June. Those working within the identified area are encouraged to participate in the designation process. More information is available on the NRW website....
Many will be aware that the roll-out of the Sustainable Farming Incentive in 2023 was delayed; the scheme now opens on a staged basis from 18th September (for more information, see our website note of 29th August). Responding to concerns about cash-flow due to the delayed roll-out, on 13th September DEFRA committed to distributing accelerated payments for those who enter into the scheme this year. Those with a live SFI agreement before the end of 2023 will receive their first quarterly payment...
The forms for the 2023 CAAV Fees Survey will be sent out with the September News Letter. An online survey is available via this link. Please complete either a hard copy form or the online survey, but not both. Please send returns to charlotte@caav.org.uk or complete the online survey by Monday 30th October 2023.
The Government recently announced that the delayed Sustainable Farming Incentive will open for applications on September 18. As Basic Payments are phased out, it will be important for farmers to access funding through this scheme, which offers public payment for public goods – namely environmental services. So what type of land management is eligible for funding, and how can farmers access the scheme? Richard Sanders, technical and policy adviser at the CAAV, joins the podcast to explain....
The CAAV has been made aware that some Countryside Stewardship Mid Tier applicants have seen land misidentified within the Rural Payments Service portal as being above the moorland line, therefore restricting which CS options are available for their application. Those who believe that this is the case should first check the extent of the moorland line on the Magic Map, as this is amended from time to time. Where there is a mismatch between what is shown on the Magic map and what is available...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 7th September 2023 Water supply is steadily becoming a critical issue in the United Kingdom with agriculture needing to look ahead and ensure both access to water and making the best use of it. Only last year, four Sussex councils were proposing water neutrality policies for housing development – that no more use should be made of water once houses are built than before – while, earlier this year, South East Water...
The CAAV has responded (on 4th September 2023) to the Electronic Communications Code - Unresponsive Occupiers Consultation. A copy of the response is below. The CAAV wishes to express its thanks to members of the CAAV Telecoms Group who assisted with reviewing and commenting upon the response.
Applications have now opened for the Calf Housing for Health and Welfare 2023 grant. For more detail on the grant, see our website note of 27th July.
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....