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.
DAERA has now set out how it intends that the Farm Support and Development programme should be phased in between now and 2026. This note provides an overview.
The Farming Investment Fund (FIF) is the umbrella scheme under which sit many of the Government’s productivity grants. These include the Farming Equipment and Technology Fund (FETF) – and its underlying ‘themes’ – as well as the Farming Transformation Fund. For more background, see our website note of 16th November. This note reviews two recent announcements within the FIF....
From June 2023 onward, the Dean Organic Fund will be accepting applications for new loans from its £450,000 revolving fund.Applicants must be UK-based companies, partnerships or individuals, active in organic-certified and/or ecologically sound farming and food businessesLoan amounts will be between £5,000 and £25,000Loans will be interest-free and unsecuredLoans will be repayable over periods of no more 5 years. Repayments will normally be in monthly installments starting after the first...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 15th June 2023 We have yet really to see the scale of what is involved in the climate change already to come, in mitigating and in adapting to it with the substantial trade-offs that will be needed. With El Niño changes now in the Pacific, the expectations are of above trend world temperatures for 2024 – a taste of the future – with the potential for the UK to have a harsher winter and a hotter summer. At what point will...
These Regulations are part of a series of changes that implement the Charities Act 2022. With effect from 14th June 2023, trustees of charities can instruct a Fellow of the CAAV for professional advice on valuation. Charities are required to obtain such advice before disposing of land by sale or on a lease for longer than seven years. The CAAV Note 15th June 2023 provides further information....
With effect from 14thJune 2023, as part of a series of changes implementing the Charities Act 2022, trustees of charities can instruct a Fellow of the CAAV for professional advice on valuation. Charities are required to obtain such advice before disposing of land by sale or on a lease for longer than seven years. This note provides further information.
The Planning (General Permitted Development)(Amendment) Order (Northern Ireland) 2023 sets out the changes to the limitations and conditions of PD rights for domestic heat pumps. The changes come into effect from 4th July 2023.
The Department for Infrastructure has made changes to permitted development rights for domestic heat pumps. The relaxation of the rights are intended to help consumers and providers utilise renewable energy technology. The conditions and limitations of the rights can be found in The Planning (General Permitted Development)(Amendment) Order (Northern Ireland) 2023. The changes are to come into effect from 4th July 2023....
The Building (Scotland) Regulations 2004 have been amended to prohibit the installation of direct emission heating systems in new buildings effective from 1st April 2024. The prohibition follows a consultation launched in August 2022 and reported in our note at the time. A zero direct emissions heating system is defined as one by which the building is heated or cooled or by which hot water is made available using thermal energy located within the building or its curtilage and which emits more...
This note reviews the Alternative Dispute Resolution provisions in the Product Security and Telecommunications Infrastructure Act 2022 and, while not yet in force, encourages members to consider ADR for current matters where dispute arises.
DEFRA’s June Census reports give figures for the areas of owned and rented land on commercial agricultural holdings, in thousands of hectares. This note provides an overview.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 8th June 2023 It is hard this week not to dwell on Ukraine. The CAAV’s National Conference at Oxford on 7th July is to receive a presentation, The Impact of the War on Agricultural Valuation in Ukraine, from Victor Zayats, an agricultural specialist member of the Ukrainian Society of Appraisers. I was discussing this with him and other Ukrainian valuers on Tuesday morning just after the news of the blowing of the Kakhovka...
The CAAV has responded to the Consultation on Taxation of environmental land management and ecosystem service markets (see CAAV Note 20th March 2023). A copy of the response is below.
Funding agreements have started to be sent out to successful applicants for the Productivity and Slurry Grant 2023, which is part of the wider Farming Equipment Technology Fund (FETF) (for some background, see our website note of 9th February). DEFRA has today announced that, having received over 3,000 applications, the total level of funding for this round of the FETF has been increased from £17 million to £31 million. The Animal Health and Welfare strand of FETF 2023 remains open for...
DEFRA has published guidance on how to apply to the Environment Agency to trade water abstraction rights with another party.
The Welsh Government has launched a consultation - 'A Call for Evidence on securing a path towards Adequate Housing – including Fair Rents and Affordability'. The consultation seeks view on: understanding rents; tenant and landlord behaviour; affordability; how further improvements can be made to the supply and adequacy of housing over time. The consultation ends on 15th September 2023; the CAAV will be reviewing the consultation in more detail in due course....
DEFRA has announced that there will be a review of mapped Open Access Land in England, to be concluded by 31st December 2030. This note provides more detail.
The Report of the Council and Financial Statements for the Year Ending 31st December 2022 are attached.
Notice is attached of the 79th AGM of the CAAV, which will take place at The Leonardo Royal Hotel, Oxford on Friday 7th July 2023.
As part of Project Gigabit, the UK Government programme to enable hard-to-reach communities to access gigabit-capable broadband, the Department for the Economy in Northern Ireland conducted an open market review (OMR) of current broadband access, which closed in early 2023. DfE have now opened a Public Review of the conclusions of the OMR, allowing members of the public to check if they have been identified for subsidy. and to comment where they believe the conclusions are incorrect. More...
The Department for Levelling Up, Housing & Communities has opened a consultation to implement the draft regulations for Business Rates Improvement Relief. The policy aim of the proposals is to ensure that no ratepayer would face higher business rates bills for 12 months as a result of qualifying improvements to a property they occupy. The consultation closes on or around 25th August 2023....
The Department for Communities has launched a consultation on whether regulations are needed to give tenants a choice of payment options for rent and other costs under the Private Tenancies Act. The consultation closes 17th July 2023.
HS2 funding for woodland creation will be delivered via the England Woodland Creation Offer (EWCO). Applications to EWCO within the 25-mile zone of the HS2 Phase One route will be identified and administered by the Forestry Commission. Guidance has been published by the Forestry Commission, with application forms available via the Government website....
Designated areas are key to meeting a range of international and domestic targets for nature recovery to which the Government have committed in recent years. Such targets are one of the main drivers for Government policy across the UK. This note reviews some recent related policy documents, consultations and proposed designated areas.
DEFRA has published the dates of the application window to apply for a derogation for spreading livestock manure on grasslands in Nitrate Vulnerable Zones. Those seeking a derogation must apply between 6 June and 4 July 2023. More information is available here: Grassland derogations for livestock manure in nitrate vulnerable zones - GOV.UK (www.gov.uk)....
The Government has today issued a wide-ranging English rural policy paper, Unleashing Rural Opportunity, covering planning, connectivity, employment and transport, bringing together many current strands of work and outlining some new steps. This note provides an initial overview.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 1st June 2023 On Tuesday, the press carried the story that the Labour Party is proposing a change to the basis of valuation for compulsory purchase, removing hope value. Only reported in outline form, the proposal appears to be that compensation in England would be on existing use value, not market value, at least for local authorities purchasing land for house building. This comes after Keir Starmer’s speech arguing for...
Northern Ireland's Department of Agriculture, Environment and Rural Affairs has announced that the Avian Influenza Prevention Zone (AIPZ) has been lifted with effect from 2nd June 2023. The AIPZ, introduced on 17th October 2022, mandated biosecurity measures on poultry keepers. With the lifting of the AIPZ, poultry and bird gatherings are permitted. DAERA continues to encourage following the biosecurity measures set out in the AIPZ as good practice, and reminds keepers to be vigilant for signs...
DEFRA has updated the guidance for managing a Sustainable Farming Incentive agreement. The amendment, posted on 1st June, adds more detail on submitting an annual declaration, and includes details of deadline windows within the first year of the agreement, depending on the agreement start date. This note contains more information....
After several years of development and a 2019 manifesto commitment for England’s residential let sector, the Government has finally introduced the Renters (Reform) Bill into Parliament, saying it could be law by the end of the year. Even so, it has held over several items for later legislation, and full implementation might take some time. So what changes are ahead, and what do they mean for landlords and tenants in future? Rebecca Collins, technical and policy adviser at the CAAV, takes us...
The UK government is offering funding – through the Farming Futures competition – for research and development projects aimed at enhancing productivity and sustainability within the agricultural sector. This note provides more detail.
The Scottish Government has opened consultations on the third phase of its review of permitted development rights (PDRs). The review of PDRs is part of a wider programme of planning reform. The consultation proposes to widen PDR for household level solar, heat pumps and wind turbines, including in some cases on listed buildings and in conservation areas. PDRs for solar and heat pumps on non-domestic buildings and on solar canopies in car parks would also be extended. Consideration is being...
This Act received Royal Ascent on 24th May 2023 and provides for the Secretary of State to develop the use of ADR for issues over compensation for the imposition of transmission power lines (in Great Britain). A task force is to be set up to consider this further and the CAAV has put forward representation to be part of this work. The CAAV Note 20th March 2023 provides further information....
DEFRA has now published amended payment rates for revenue options under Countryside Stewardship, closing the gap between the uplands and lowlands. This note provides more detail. For more background, see our website note of 26th May....
As England’s new schemes have been developing over the last few months, particularly with the late January Prospectus of what is to be offered in 2023 and 2024, so DEFRA has been working on sector-specific leaflets that focus on the options most likely to be relevant to particular types of farming. The first two of these have now been issued for the Uplands (with new equalisation between lowland and upland rates for the same actions) and also Arable and Horticulture. These two leaflets are...
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 25th May 2023 The tenanted sector of agriculture is important. Around a third of England’s farmland is let while a larger fraction of land is farmed by those with some let land. As with other lines of business, it is a way to farm without carrying the capital cost of premises in the balance sheet, releasing funds for active business. It is a means of entry and equally important, for flexibility, progression and exit as a...
In a statement on the application of environmental land management schemes in the English uplands, DEFRA has announced immediate increases in payment rates for some options and further options that are to come forward under Countryside Stewardship. This note provides some background. The accompany leaflet has been published by DEFRA to set out the detail of the changes. Update 30th May: For rates and their application, see this website note: CAAV Note 230530: England - CS Upland Payment Rates...
The Government has announced that the Animal Welfare (Kept Animals) Bill, still in the House of Commons, is being withdrawn but that measures in it will be taken forward in other ways in the life of this Parliament. This note provides more detail.
This note provides a summary of the recent River Lugg Water Pollution case. With growing concern and policy development regarding Water Quality and water pollution from agricultural uses, the case provides a "stark warning" to others.
This note provides a summary of recent legislation amending the requirements for a landlord to provide a written statement of contract in particular circumstances relating to: converted contracts where the identity of the contract-holder changed prior to 1st June 2023;where a substitute contract takes effect before 1st June 2023; andwhere a substitute contract takes effect after 1st June 2023. Other consequential amendments have been made to the Rent Act 1977 to dovetail with the abolition of...
The Government has just issued its response to the Rock Review, the report of the Tenancy Working Group which was established in January 2022 to consider farm tenants’ access to environmental schemes and markets in England. The group made 74 recommendations to Defra, and the Government’s 95-page response has now been issued. Jeremy Moody, secretary and adviser to the CAAV, sets out the key points, and considers what they mean for the tenanted sector and natural capital markets in the coming...
With increasing awareness and knowledge, and a changing climate, winemaking is a growing sector in England and Wales. Land suitable for vines in England is known to command upward of £25,00 per acre. Following Brexit, DEFRA is to review the regulation of the wine industry, proposing changes to better fit the UK context. A consultation on the new regulations was opened on 24th May, and runs until 21st July. More detail is available here: Smarter Regulation: Wine Reforms Consultation - Defra...
Yesterday’s CAAV Council approved this Report on the Association’s activities in 2022, alongside the financial accounts.
The Government has today issued its response to the Rock Review report from the Tenancy Working Group commissioned by George Eustice when Secretary of State. With that report largely focussed on tenants’ access to environmental management options, the Government’s response also offers a general commentary on the current policies towards private environmental markets DEFRA wishes to encourage....
The Government has today issued its response to the Rock Review, the report of the Tenancy Working Group (TWG). The Government’s response has been issued with a House of Commons statement by DEFRA Minister, Mark Spencer. He told the House that the Government had accepted the majority of the Review’s recommendations, some already as new schemes had evolved. The response comes in two papers: the overall response by themesthe response to each recommendation. While focused on the let...
Ahead of the next round of the Productivity and Slurry theme of the Farming Equipment and Technology Fund, DEFRA is asking for opinions on the items available for funding. This note provides more information.
This decision (A Grantor v A Grantee [2-23] UKUT 23 (LC), anonymised in its arbitration context) considered whether and on what basis the Upper Tribunal (Lands Chamber) has power to award costs when it acts as an arbitrator following a reference by consent. This note reviews that decision and then concludes more widely with the circumstances in which the Upper Tribunal (Lands Chamber) can award costs....
These Regulations amend the requirements to provide a written statement of contract for converted contracts where the identity of the contract-holder changes prior to 1st June 2023, as well as clarifying the position for substitute contracts. The Regulations come into force on 1st June 2023 and the CAAV Note 25th May 2023 provides a summary of the amendments. The Welsh Government has also published guidance....
These Regulations make consequential amendments to the Rent Act 1977 to dovetail with the abolition of assured tenancies in Wales. The CAAV Note 25th May 2023 provides a summary.
The papers for the Council meeting being held on 23rd May are attached.
This note reviews some considerations for those taking the Lump Sum Exit Scheme who also have a Countryside Stewardship Agreement.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 18th May 2023 The bells striking for midnight on Monday marked the end of an era for farming in England. For 31 years, May 15th has been a key date in the farming calendar for a succession of area-based payment regimes, since the MacSharry reforms were implemented for 1993. The frantic scramble then to have the required mapping done in time foreshadowed later crises, as applications were prepared and made each year, despite...
The second round of the Landscape Recovery has been announced: New funding for farmers to protect the English landscape - GOV.UK (www.gov.uk). This note provides a brief overview.
Delinking ends the Basic Payment Scheme for tenancies granted in England after 15th May 2023 as land occupation no longer gives any right to claim area payments and entitlements have gone. The CAAV’s Model FBTs for England have been revised for this, both the main template and the one for agreements for two years and less. As well as the Word document for each is here for use, a tracked pdf version is as usual included to show the changes from the previous version. These changes are not...
Delinking ends the Basic Payment Scheme for tenancies granted in England after 15th May 2023 as land occupation no longer gives any right to claim area payments and entitlements have gone. The CAAV’s Model FBTs for England have been revised for this, both the main template and the one for agreements for two years and less. As well as the Word document for each is here for use, a tracked pdf version is as usual included to show the changes from the previous version. These changes are not...
The Government introduced on 17th May the Renters (Reform) Bill into Parliament. This note provides an overview of the Bill's provisions.
Attached below is a letter to auctioneers concerning changes to regulations for tuberculosis management in Scotland.
A consultation on the nomination process and draft appraisal framework for new National Parks in Scotland has been opened. This note contains more detail.
New guidance on the management of Oak Processionary Moth in England will come into force from 24th May 2023. This includes changes to the rules for the sale and movement of trees. Full details can be found on the government website: Oak Processionary Moth management policy changes guide - GOV.UK (www.gov.uk).
The Scottish Upland Sheep Support Scheme (SUSSS) 2022 payment rate has been confirmed at £61.25 per animal.