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What's New

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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CAAV Note 230921: CAAV Abritration Appointment Applications

Documents

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...

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Feasibility Studies: Applications Open

News

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....

SFI: Applications and Updates

News

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...

CS Mid Tier Application Deadline: Open Applications

News

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...

Jeremy's Blog 15th September 2023: The Purpose of Dispute Resolution

News

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...

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CAAV Note 230914: Terminology for Advertising a Property For Sale or Let

Documents

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....

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Northern Ireland: Consultation on Regulations for Smoke and Other Alarms and Electrical Safety under Private Tenancies Act 2022

News

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...

Wales: New National Park

News

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....

SFI: Accelerated Payments for 2023

News

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...

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CAAV Fees Survey 2023

Documents

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.

#59 - A guide to the Sustainable Farming Incentive

Resources

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....

CS Mid Tier Applications: Moorland Line

News

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...

Jeremy's Blog 8th September 2023: Making the Best of Water

News

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...

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230907: DEFRA Guidance on Diverting or Extinguishing a Right of Way

Documents

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.

Using the CAAV’s Dispute Resolution Appointment Service

News

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...

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CAAV Note 230906: England - NPPF Revised for Onshore Wind Farms

Documents

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.

#58 – Dispute resolution, from negotiation to arbitration

Resources

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...

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CAAV Note 230905: Scotland - Programme for Government 2023/24

Documents

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....

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230904: HS2 Phase 2b Guide for Farmers and Growers Published

Documents

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....

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CS Mid Tier: Land Updates

News

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.

Jeremy's Blog 1st September 2023: Nutrient Neutrality - Meaning of the New Regime

News

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...

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SFI 2023: Expression of Interest in Early Application

News

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...

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CAAV Note 230831: Habitat Wales Scheme 2024 - Initial Outline

Documents

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....

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CAAV Note 2308301: Planning Winery Uses - Cuxton 2023 Appeal Decision

Documents

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.

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CAAV Note 230829: England - Nutrient Neutrality - Protected Sites Strategies

Documents

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....

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