What's New

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...

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.

Scottish Power Energy Networks has published its wayleave rates taking effect from 1st May 2023.

NIE Networks Ltd have published their wayleave rates, taking effect from 1 August 2023.

Confronted with the scale of the infrastructure work required for transmitting the increased power needed, the recent report to the Government by the Electricity Networks Commissioner (see webnote) noted both: the greater cost of putting transmission cables underground their environmental damage. As this question of the merits carrying power cables overhead on pylons against laying them underground frequently features in public discussion of proposals, this note gives an initial consideration...

The Home Office has announced increased fines for landlords who allow an illegal migrant to occupy a residential dwelling. The announcement also includes increased fines for employers who allow an illegal migrant to work. Under the provisions of the Immigration Act 2016, all landlords in England have a responsibility to prevent those without lawful immigration status from accessing the private rented sector. Failure to carry out the appropriate checks may see a landlord receive a civil penalty...

The CAAV Rent Review Movement Table, which summarises historical movements in overall rents for Agricultural Holdings Act 1986 tenancies in England and Wales, has been updated for 2023 with the latest data from DEFRA.

This decision in the Court of Appeal re-examines and, in part, reverses an earlier Upper Tribunal judgement regarding the provisions of the Code in respect of concurrent leases. It determined that the purpose of the Code’s regime meant that the interposed tenant, now the direct landlord of operator, was the site provider for the functioning of the Code.

To supplement other resources for CAAV members in respect of agreements for telecommunication apparatus, this note summarises the decisions by the Supreme Court for three cases in which it examined whether an operator could apply for Code rights on land which it already occupied.

This note sets out the regulations regarding the purchase of ammonium nitrate with a nitrogen context of at least 16 per cent, now added to the list of regulated explosives precursors under the Part 3 of Schedule 1A of the Poisons Act 1972 by the Control of Poisons and Explosives Precursors Regulations 2023 (SI 63), applying to England, Wales and Scotland....

A year ago, the Government appointed Nick Winser as the Electricity Networks Commissioner to report to it this summer on these issues for the electricity market in Great Britain, so Scotland as well as England and Wales. His report to the Government has been published today, proposing and urging reforms to achieve effective and timely connections, especially through the whole planning and regulatory process. Two documents have been published: the letter reporting from Nick Winser to the...

Where SFI 2023 requires soil sampling that creates an issue where it is in relation to the site of a scheduled monument. Historic England has issued this form to facilitate the granting of management agreement allowing this. This note provides an overview.

DEFRA has today published further information on Round 3 of the Small Research and Development (R&D) Partnerships to open on 14th August and Feasibility Studies to open on 18th September. This is as part of the overall £270 million Farming Innovation Programme run by DEFRA in conjunction with UKRI. This note provides an overview....

The First Tier Tribunal has upheld a taxpayer’s claim in Withers v Revenue and Customs [2022] UKFTT 433 (TC), seeing the use of grazing land and woodland under separate agreements as being mixed use property for SDLT. Directly relevant in England and Northern Ireland, this decision might be referred to in cases concerning Scotland’s LBTT and Wales’ LTT on such properties. This note provides a summary of the decision....

Following the discussions at the Royal Welsh Show the Welsh Government has circulated a further note on the tree cover requirement that is one of the “Universal Actions” required for the Baseline Payment under the proposed Sustainable Farming Scheme (SFS) that is to be phased in from April 2025 in place of the Basic Payment. This note provides a summary.

The Department for Science, Innovation and Technology has published a consultation seeking views on proposed regulations in respect of unresponsive occupiers. The proposals form part of reforms to the Electronic Communications Code (to be Part 4ZA) being phased in under the Product Security and Telecommunications Infrastructure Act 2022. The reforms would give operators rights to obtain code rights where an occupier is deemed 'unresponsive'. The consultation seeks views on: the terms that will...

We are just completing a programme of work to improve the operation of the CAAV website. The upgraded system is now live. This note provides an overview of changes. Final checking and snagging is underway, only possible at this stage

Updated CAAV Index of AHA Tenancy Notices.

There are two forms available for notice to quit under Case G of Schedule 3 of the Agricultural Holdings Act 1986 NTQ14 - Notice to quit given to the personal representatives of the deceased tenant. NTQ14A - Notice to quit to be sent to the Public Trustee where the personal representatives are unknown. Further details can be found in the Public Trustee Practice Note, also below.

The Welsh Government has introduced this Bill to the Senedd. The Bill aims to create the statutory framework for a unified consenting process for infrastructure projects in Wales. As part of the Bill’s Stage 1 process, the Senedd’s Climate Change, Environment and Infrastructure Committee has now published a consultation calling for view on the Bill. Responses are to be submitted by 11th August 2023. The Bill is to provide a new form of consent, to be known as ‘Infrastructure...

The Calf Housing for Health and Welfare grant scheme announced by DEFRA for England on 26th July and to be launched later this summer – see website note of 27th July – is additionally noteworthy for including some support for solar panels as part of the housing. This note provides more detail on the scheme....

The Government has launched a consultation on the circumstances in which empty homes and/or second home premiums should not apply, including proposals of possible exemptions. The consultation deadline is 31st August 2023.

In an announcement today (27th July 2023), Natural England has set out more detail on the operation of the Biodiversity Net Gain Statutory Credit Scheme, and their indicative pricing structure. This note contains more detail.

The Scottish Government has launched a consultation proposing increases in council tax for the highest value properties. The consultation deadline is 20th September 2023.

This note provides a summary of guidance published by DEFRA on new calf housing grants, to build new, upgrade, or replace existing calf housing buildings to deliver health and welfare benefits for your calves. The grant aims to be open for applications later this summer.

The first to two installments of the 2023 Basic Payment are due to be paid to most claimants on 1st August. This note provides some background.

The Welsh Government has announced that all Glastir agreements will expire on 31st December 2023. This note provides more information.

The Scottish Government has today announced a consultation on reforms to Energy Performance Certificates (EPCs), covering their metrics, validity and accessibility. It also appears to have changed its position on when it will introduce minimum energy efficiency standards (MEES) for the domestic private rented sector.

Following feedback from members, Openreach have updated the information pack for CAAV members to include additional information about its claims handling process for accidental damage. The information pack also includes details on: Identifying Openreach equipment;Making a network alteration request;Existing apparatus - wayleave search or making a claim for a wayleave;Reporting damage or safety issues with Openreach apparatus. Openreach continue to welcome feedback on this document from CAAV...

The Scottish Government has removed the close season for all male deer in Scotland. It proposes to reduce the minimum weight of bullet required to shoot any species of deer and to allow the use of image intensifying or thermal sights. The webnote provides further detail.

In preparation for round 2 of the Animal Health and Welfare grants of the Farming Equipment and Technology Fund, DEFRA is now seeking views on some aspects of the grant. This note contains more detail. The survey for submitting feedback is available here: Defra FETF23 (qualtrics.com). It remains open until 7th August.

Michael Gove has now given his decision on the called-in application by Marks and Spencer to replace its store in London’s Oxford Street with a larger, more energy efficient building. This note provides more detail.

This note looks at the question of embedded carbon for planning decisions.

The Scottish Government has undertaken a mapping exercise to identify areas of riparian land to be targeted for woodland planting. Those with land identified as a ‘riparian area’ will be able to access higher payment rates for woodland creation. This note provides more information.

The Select Committee has published its First Special Report on the High Speed Rail (Crewe - Manchester) Bill, including views and responses to petitioners.