What's New

The Department of Levelling, Housing and Communities has published its National Infrastructure Planning Guidance. Aimed at assisting acquiring authorities, local communities, landowners and those professionals advising, the guidance is set out to outline best practice, statute and case law for the different phases of a National Significant Infrastructure Project (NSIP) under the consenting regime of the Planning Act 2008....

The Government has laid the Management of Hedgerows (England) Regulations 2024 in both Houses of Parliament. This note provides an overview.

These Regulations make changes following the compulsory purchase reforms in England made by the Levelling Up and Regeneration Act 2022 (see CAAV webnote of 22nd February 2024). Taking effect from 30th April 2024, the regulations amend The Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017 and The Land Compensation Development (England) Order 2012, with the main changes being: Form 2 (form of notice specifying land and stating effect of general vesting declaration)...

These Regulations make changes to the prescribed forms in England following the compulsory purchase reforms made by the Levelling Up and Regeneration Act 2022 (see CAAV webnote of 22nd February 2024). The changes take effect from 30th April 2024 and substitute the forms in The Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004 as follows: Forms 7 – 9 and 10 – 12 (prescribed notices) have been updated to require the inclusion of website addresses on statutory...

Ofcom has published its updated Electronic Communications Code - Code of Practice (15th April 2024), which outlines best practice to facilitate positive and productive engagement between all parties across a range of issues for both mobile and fixed line infrastructure.

DEFRA has now published its Wye Valley Action Plan for the English length of the Wye. This note looks at the proposed measures.

The Government has now issued its response to the report of the Independent Review of Protected Site Management on Dartmoor. This note looks at the detail....

The European Court of Human Rights has given a judgment in which it substantially develops its legal reach in the context of climate change. The case of Swiss Klimaseniorinnen, that Switzerland had not made adequate provision to mitigate climate change by measure to reduce greenhouse gas (GHG) emissions, was upheld. This note provides an overview....

The Scottish Government has opened a consultation into legislative proposals to better manage and extend protected sites, as well as proposals to manage land for the delivery of the target to manage 30% of Scotland’s land area for nature by 2030. This note provides a summary.

DEFRA has opened a Farming Recovery Fund for farmers who suffered uninsurable damage to land during Storm Henk. It supports the cost of reinstating land which flooded between 2 and 12 January. This note provides more information.

Introduced into the Scottish Parliament on 26th March 2024, this Bill sets out a range of proposed changes for the let residential sector in Scotland. Although the ‘New Deal for Tenants’ consultation (see link) considered a broader range of proposals, including a pan-tenure approach to rent control and evictions that could include agricultural lettings, the Bill has a narrower focus largely on private residential tenancies. This note offers an initial review of the Bill as it relates to...

The Agricultural Landlord and Tenant Code of Practice for England has been published today. This voluntary Code has been endorsed by the CAAV as well as ACES, ALA, CLA, ILG, NFU, NFYFC, RICS and TFA and is published under the mantle of the Farm Tenancy Forum with blessing from DEFRA as a support for good practice in the let sector. The CAAV has also updated its model FBTs for England to refer to it. These revised versions are also being issued today....

The CAAV has updated its two model FBTs for England: A larger one more suitable for longer term and equipped holdings A shorter one drafted for agreements of two years and less, likely to be bare land holdings These are offered as templates that can be adapted using professional judgment to best record the business agreement between the parties. Having been updated last year to take account of England’s de-linking, they have now been revised to: refer to the Agricultural Landlord...

The CAAV has updated its two model FBTs for England: A larger one more suitable for longer term and equipped holdings A shorter one drafted for agreements of two years and less, likely to be bare land holdings These are offered as templates that can be adapted using professional judgment to best record the business agreement between the parties. Having been updated last year to take account of England’s de-linking, they have now been revised to: refer to the Agricultural Landlord...

Dear CAAV Member, The CAAV is now repeating its Survey to produce a new Schedule of Building Costs for farm and estate buildings to support members who undertake reinstatement cost assessments, as for insurance purposes. This was last done in 2018. While the next Survey was intended to be 2021, pandemic-related supply chain disruption made this pointless and so we resorted to providing updates with indexes for key building materials as the best fall back. Feeling markets to be more stable now,...

Schedule 3 of the Agriculture Act 2020 made a number of amendments to tenancy law, changing the tests for succession by repealing the Commercial Unit Test and revising the Suitability test. This note sets out the changes in more detail.

DEFRA has confirmed the requirement to update land use codes when submitting a Countryside Stewardship or Environmental Stewardship revenue claim. This note has more detail.

The British Standards Institute has published a 1st draft of a set of principles for high integrity nature markets for consultation. The document is called BSI Flex 701 v1.0 Nature markets – Overarching principles and framework – Specification. This note provides an introduction.

The Government has published its Register of decisions for CPO applications in England, with its intention stated: "...increase transparency on how CPO decisions are taken and to improve knowledge and awareness of the purposes which compulsory purchase powers may be used. It is hoped this will give authorities greater confidence to use their CPO powers and help clarify misconceptions about the CPO process."...

The CAAV and others have been pressing DEFRA for ways to ease the process of moving used agricultural machinery to Northern Ireland under post-Brexit rules where Norther Ireland is both part of United Kingdom and within the EU Single Market for Goods with its legislation. Three options are being discussed. A DEFRA Survey is now open seeking views and closes on 5th April. Interested members are urged to respond and take advantage of these live discussions in the hope of helping find more...

In its Beyond 2030 Report, the Electricity System Operator (ESO) has recommended electricity transmission infrastructure investment on the Great Britain (GB) network of £58 billion between 2030 and 2035, which is in addition to an indicated £54 billion for 2024-30; all investment is aimed at preparing the electricity system to be net zero by 2035. This note provides information on the announcement. A further note will be prepared when more detail is known....

Forestry England has updated the payment rates for the England Woodland Creation Offer (EWCO). This note provides more information.

As the expressly Land Reform component of the Bill, its Part 1 sets its provisions for “large land holdings” and “large holdings of land” whether over 3,000 ha or 1,000 ha, either as a single holding or a “composite” one, with obligations for land management plans, regulation of land transfers, a requirement for lotting decisions in some cases and a new Land and Communities Commissioner. The other parts of the Bill concern the proposed Land Management Tenancy, an array of tenancy...

DEFRA is seeking views on the targeted culling of badgers and increased use of vaccination in the control of bovine tuberculosis (bTB). It proposes to retain badger culling as an option in targeted parts only of the High-Risk Area and Edge Areas, including much of southwest and central England, where there are high levels of infection in cattle, and where evidence suggests badgers are part of the problem in the spread of disease to these herds. When the disease situation has been deemed to have...

This note provides headlines from the 12th SAAVA/CAAV Scottish Agricultural Land Occupation Survey.

Ahead of any possible further spring plantings, the AHDB has reported on substantial reductions in this year’s planted area for major combinable crops. This note looks at the figures.

The Scottish Government has published the Scottish Land Reform Bill 2024. This note provides an initial summary.

The Budget’s announcement of the prospective extension of APR to agricultural property entered into qualifying environmental agreements has inevitably led to early questions, including its potential application to the variety of biodiversity net gain agreements that may be considered in England. This note provides an initial review.

The Budget’s announcement of the prospective extension of APR to agricultural property entered into qualifying environmental agreements has inevitably led to early questions, including the bodies with which a qualifying agreement could be made. This note looks at the position of 'public bodies' in the headline announcements.

The March 2024 Budget reduces the higher rate of CGT on the disposal of residential property to 24 per cent with effect from 6th April 2024. The note below provides further information.

The Budget of 6th March 2024 announced that the Government is to abolish the Furnished Holiday Lettings tax regime with effect from April 2025. This would apply across the United Kingdom to properties held by individuals and trusts. The note below provides further information.

Relevant to England and Northern Ireland, the Budget proposes the abolition of Multiple Dwellings Relief (MDR) from 1st June 2024. The note below provides further information. The CAAV and others are being asked about any specifically agricultural issues that should be considered in this – members’ responses would be welcome.

Last year, the Scottish Government opened a call for applications to find a new National Park, to be designated by 2026. We looked at the proposal, including the assessment framework for selection, in our website note from June 2023. The areas now to be considered for designation have been announced. This note has an overview....

The Government has today responded to last spring’s consultation on this issue and recognised the need to extend APR to farmland put into qualifying environmental agreements to remove the tax disincentive for owners and farmers to do this, fearing the loss of protection from Inheritance Tax’s 40 per cent charge. It refers to the particular problem for the tenanted sector where, without this, a tenant could change the landlord’s tax status. The note below provides further information....

The Chancellor gave his March 2024 Budget today. The note below provides an initial review.