What's New

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.

Proposed changes to the Hybrid Bill for HS2 Phase 2b (Crewe to Manchester) are the subject of a consultation, which is open for responses until 31st August 2023. A summary of the main changes has been published, along with further information on HS2's website. HS2 are holding a number of briefing events which can be booked via HS2's events page....

These Regulations make changes to England's permitted development rights, including changes to PD rights for the use of land for campsites and the use of land or buildings for film-making purposes. See our website note of 21st July 2023 for more detail....

Following a consultation this year, further changes have been made to England’s permitted development rights by the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023 SI 747. This note provides more detail on the Order which includes changes to permitted development rights relating to the use of land as campsites and land or buildings used for film-making purposes....

As announced as part of the Integrated Rail Plan, the Government has launched a study to look at options for running trains into Leeds and other rail improvements. The Department for Transport expects the study to be completed in 2025. The safeguarded route of the Eastern leg of HS2 Phase 2b remains in place and will be one of the options being considered as part of the study. It is unknown how long safeguarding will remain in place or when a decision on which rail improvement option (if any)...

Natural England has today announced £7.4 million toward six new nature recovery projects across England. This note provides more detail.

The Government has now provided the legislation for the end of cross-compliance in England with the Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 SI 816. This note looks at the provisions of the regulations.

The Department for Transport has published findings from research on proposals for a new, non-statutory, property scheme to compliment the existing HS2 'Need to Sell' scheme. The outcome of the report is that no changes to the Need to Sell scheme will be made....

These Regulations have increased the minimum and maximum home loss payments on compulsory purchase in England, as summarised in the note below.

HS2 announced that the CEO, Mark Thurston, is to stand down from the organisation this autumn with Sir Jon Thompson to become Executive Chairman for an interim period from October 2023.

Following a change in EU animal health regulations, livestock farmers across Great Britain are being advised by DEFRA and industry organisations to take steps now to obtain a signed declaration from their vet to enable their animals to be fully marketed with the potential for Products of Animal Origin (POAO) to enter EU markets. This note provides more detail.

Victor Zayats, of the Ukrainian Society of Appraisers, gave a presentation to the CAAV’s National Conference on 7th July on the impact of the war on agricultural land valuation in Ukraine, speaking to the conference from Kyiv over the internet. This note provides an overview of the talk.

On 30th June, the High Court handed down its decision in a case relating to nutrient neutrality rules in England, and the implementation and interpretation of the Habitats Regulations 2017 more broadly: C G Fry & Son Ltd v Secretary of State for Levelling Up Housing and Communities & Anor. Despite the developer’s arguments, the Court upheld the Council’s application of the assessment requirements of the Habitats Regulations – and therefore nutrient neutrality provisions – on the...

A new section has been added to the guidance on extensions to Higher Level Stewardship Agreements, relating to the application of penalties. This note provides more information.

The CAAV has now published its annual Agricultural Land Occupation Survey for decisions made where tenancies were granted or ended and other occupations changed in 2022, first in England and Wales and then for Scotland. This note provides a summary.

In response to a consultation earlier this year and following the Plan for Water, DEFRA is announcing today that the current £250,000 ceiling in England on variable monetary civil penalties for breaches of much environmental legislation will be removed. This note provides more detail....

The Independent Review into Labour Shortages in the Food Supply Chain, chaired by John Shropshire, has now reported. This note provides an overview.

DEFRA has invited expressions of interest to the Species Survival Fund. This note provides an overview.

Following the publication of the Lowland Agricultural Peat Task Force Chair’s Report, the Government has announced £7.5 million additional funding for peatland restoration in England. This note looks at the announcement....

The Agriculture (Wales) Bill passed its final stage in the Senedd yesterday and now awaits Royal Assent so that it could come into force in Wales from later this summer. Among other matters, it will be the authority for the Sustainable Farming Scheme that is to be introduced from 2025. This note provides more detail....

A recent Court of Appeal decision, Pretoria Energy Company (Chittering) Ltd v. Blankney Estates Ltd confirms limitations to the extent to which Heads of Terms (HoT) create a contract. In the original case, the High Court had been ordered to try whether HoT between Pretoria Energy Company (Pretoria), a developer of anaerobic digestion (AD) plant, the claimant, and Blankney Estates (Blankney), a farming business, were a binding and enforceable agreement other than in respect of one clause which...

With the de-linking of the run-off Basic Payment in England from land and farming, cross compliance ends with the end of 2023. Many requirements of cross compliance are anyway set by law for which it has provided a different enforcement regime, now more proportionate after post-Brexit changes. However, some aspects would disappear so prompting review. Hedgerows are the most obvious area for this review and are now the subject of a consultation issued by DEFRA today. This note provides an...

This note gives a brief update on the distribution of the Basic Payment in England for 2023.

With concerns about the effects in some areas of numbers of second homes and holiday lets, the Welsh Government has created a mechanism for change of use to these uses to be controlled at a local authority’s discretion. On 13th June, Gwynedd Council’s cabinet approved starting a process which it described as “unprecedented” that would allow it to use the new planning powers available to it to control changing: the use of primary residences to second homes or holiday letsthe use of a...

The Second Round of the Northern Irish Soil Nutrient Health Scheme (SNHS) is to open on Monday, 26th June 2023. This note provides some detail.

This note provides some commentary on recent investments in vineyards in the UK.

DEFRA has now published the Handbook for the Sustainable Farming Incentive 2023 (SFI 2023). This note reviews some of the key features of SFI 2023.

Along with a set of announcements related to the Sustainable Farming Incentive 2023 (reviewed in this CAAV Note), DEFRA has today published a series of sectoral leaflets on the relevant management and capital grants available to English arable, livestock, upland and organic farmers. These leaflets are available here....

Apart from the issue of rent, valuers acting for the landlords (site providers) need to navigate through the fog to understand what other terms of the existing agreement might be insisted upon on renewal and those which cannot. This note summarises the CAAV’s interpretation of legislation and case law and what might be determined so far on this complex subject.

Designed to assist members with the common questions that arise in relation to telecommunications agreements, this note covers renewals of protected Landlord and Tenant Act 1954 leases, how to value consideration, potential redevelopment, amongst other aspects. This note has been updated to provide additional clarification on lease renewals and supplemented with a detailed CAAV Note of 21st June 2023 in respect of the same....

DEFRA is today setting out the details for the Sustainable Farming Incentive 2023. This note provides an initial review.