What's New

On 17th January the Government published a report, Climate Change Risk Assessment 2022, summarising the findings of the Climate Change Committee's Independent Risk Assessment (CCRA3 - see our website note of 30th June 2021). The latest publication sets out some detail on current actions and plans to respond to the eight identified priority areas for action over the next two years. It also outlies the positions of the devolved administrations. This note looks at some of the detail of the...

On 20th January, the Government announced that it will introduce legislation relaxing the rules for the genetic engineering (GE) of plants. The announcement comes following a related consultation and response published last year – for more information see our note of 29th September 2021 – as well as a report on the issue by Government’s independent regulation advisory group, the Regulatory Horizons Council – see our note of 8th September 2021. This note provides more detail on the...

This note contains guidance for CAAV Tutorials in 2022.

The Welsh Government has announced that the new renting homes regulations are planned to come into force from 15th July 2022. A CAAV Note will be published in due course.

DEFRA has now opened the second phase of its Farming Transformation Fund, with the theme, Improving Farm Productivity, with additional information in the Manual published by DEFRA in December. This note sets out the detail of the scheme.

Sir James Bevan, Chief Executive of the Environment Agency, gave a speech on Tuesday 18th January at the Westminster Energy, Environment & Transport Forum conference on the topic of environmental regulation. This note reviews some of the content of the speech....

The application window for the next round of the Scottish Agri-Environment Climate Scheme (AECS) is due to open on 24th of January. This note looks at what has been announced for the 2022 scheme year so far.

On 14th January, new measures and support were announced to help address the spread of the Oak Processionary Moth (OPM) from the Greater London area. This note reviews the background to the issue, and the measures and support being put into place.

DEFRA has issued emergency authorisation for the use of neonicotinoid pesticide treatment on the 2022 sugar beet crop, provided certain conditions are met. This note reviews the conditions of the authorisation.

This paper consolidates the series of webnotes that we published at the end of last year on the measurement of biodiversity for the purposes of Biodiversity Net Gain using the statutory calculator prepared by Natural England: the Biodiversity Metric 3.0.

The Government has now published its Response to the 2019 Glover Report reviewing policies and issues for National Parks (with the Norfolk Broads) and Areas of Outstanding Natural Beauty (now “protected landscapes”) in England. This note provides an overview of the response. In conjunction with the response and Government proposals, a consultation has been opened inviting views on the implementation of the review....

The CAAV Fees Survey Report 2021 is now available. This can help inform members and others about developing fee rates and is referred to as an objective overview by members and compulsory purchase acquirers when looking at fee structures and hourly rates.

Following the announcement from the Department for Levelling Up, Housing and Communities, this note sets out the tightening business rates criteria for holiday lets in England to qualify for assessment to business rates rather than the Council Tax.

This note sets out the agricultural provisions of the Town and Country Planning (General Permitted Development) Order 1995 (SI 418), as amended.

This note sets out the agricultural provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (SI 223), as amended.

This note sets out the agricultural provisions of the Planning (General Permitted Development) Order 2015 (NISR 70), as amended.

DEFRA has today opened a public consultation on many of the more detailed proposals for the working of biodiversity net gain, as well as publishing a series of supporting documents. This note reviews the consultation document in more detail.

This note sets out the permitted development changes of use for agricultural buildings in England under Part 3 of The Town and Country Planning (General Permitted Development) (England) Order 2015.

This note sets out the permitted development rights for agriculture and forestry in England under Part 6 of The Town and Country Planning (General Permitted Development) (England) Order 2015.

DEFRA has announced increases in payments rates for many Countryside Stewardship revenue options. See the note for more details.

DEFRA has outlined two flagship environmental land management schemes for England that are to be fully in place from late 2024 as part of the unfolding evolution of the new farming policies: Local Nature Recovery (LNR)Landscape Recovery (LR) This note provides a more detailed look at the proposals.

The Government is proposing new powers and penalties to tackle hare coursing in England and Wales. This note provides more detail.

DEFRA is today giving the outline of two flagship environmental land management schemes for England that are to be fully in place from late 2024: Local Nature Recovery (LNR)Landscape Recovery (LR). This note offers a brief overview.

This note reviews the County Court decision on a 1986 Act notice to quit and whether its service on the former tenant was still valid even though the tenant was now a company to which the tenancy had been assigned.

DAERA has published Northern Ireland Cross-Compliance Verifiable Standards. The guidance takes effect from 1st January 2022 and is applicable to all agricultural land in a holding, all schemes inherited from the EU, so agri-environment schemes as well as Basic Payment, and also the Protein Crops Scheme.

The Green Gas Support Scheme is open to applications for 4 years until 30th November 2025. The Scheme is a renewable heat incentive scheme to facilitate and encourage the production of biomethane by anaerobic digestion, for injection into the gas grid. Further information about the scheme and how to apply can be found on the Government's website.

Scottish Government has published a fact sheet on relinquishment and assignation, predominantly aimed at new entrants to farming in understanding the provisions and highlighting the need to seek professional advice.

Updated guidance has been issued, reflecting changes to the right to rent checks for biometric card holders, taking effect from 6th April 2022.

The Department for Levelling Up, Housing and Communities have issued updated Compulsory purchase and compensation guidance, with a series of 4 booklets:Guide 1 - ProcedureGuide 2 - Compensation to business owners and occupiersGuide 3 - Compensation to agricultural owners and occupiersGuide 4 - Compensation to residential owners and occupiers The guidance includes reference to the need for claimants to seek professional advice, with a link to the CAAV....

This note explains the further extension in the protection from eviction measures for residential tenancies in Wales.

HMRC has issued guidance to help tax agents and advisors correctly identify whether expenditure should be treated as capital, such as an improvement to a fixed asset, or revenue, for example, repair to a property.

The Scottish Government has issued a strategic and wide ranging consultation paper to inform several areas of housing policy, with key outputs said to include:a new deal for private rented sector tenants that puts them on amore equal footing with social rented tenants, through the introduction of a new Housing Bill in the second year of this Parliament;establishing a regulator for the private rented sector that will enforce defined standards - through legislation by the end of this...

Scotland’s Rural College, in partnership with Savills, Strutt and Parker and the RICS, has been commissioned by The Scottish Land Commission to prepare a report into rural land sales in Scotland. This note has more detail.

DAERA has issued Consultation on Future Agriculture Policy Proposals for Northern Ireland with responses requested by 15th February 2022. This note reviews the proposals.

This note reviews several recent announcements relating to peatland, including grant awards for peatland restoration and a consultation on the proposed ban on the sale of retail peat.

The UK–Australia trade deal is now agreed in detail as the first fresh free trade agreement not replacing a previous EU trade agreement. Now published, it is due for review by the Trade and Agricultural Commission and Parliamentary scrutiny with the Commons EFRA Committee already started. The Department for International Trade has published its Impact Assessment of the deal, which this note reviews in more detail....

The Welsh Government has invited farmers to participate in a second round of co-design for the proposed Sustainable Farming Scheme (SFS). This provides further detail.

With the escalating impact of the more transmissible Omicron variant dampening public activity and predicted to run strongly into the New Year, the Chancellor has announced further support measures for England. This note provides the detail.

The Agricultural Holdings (Units of Production) (England) (No 2) Order 2021 (SI 1440) has now been put in place to give these figures for assessments for the Commercial Unit test for tenancy succession at dates in the period 23rd February 2022 to 22nd February 2023. This note gives more detail.

This note summarises the Court of Appeal's decision for the "Dale Park" case, which examines the extent of upgrading and sharing rights and whether the terms of the previous agreement should have a bearing on the same.

This note looks at the initial assessment of the damage caused by Storm Arwen, as well as considering wider issues of network resilience and future tree planting.

The latest round of England’s Countryside Stewardship Facilitation Fund has opened on 13th December for applications and closes at midnight on 19th January. This note offers some background detail to the fund.

The Welsh Government has now confirmed that cross compliance rules for the Basic Payment Scheme and other schemes inherited from the EU’s CAP are largely unchanged form 2021.

The Farm Advisory Service produced a webinar on relinquishment and assignations, with experts including the Tenant Farming Commissioner, Bob McIntosh. The recorded webinar can be viewed via this link.

This note summarises the Scottish 2022-23 budget.

DEFRA has now confirmed that there are no practical changes to the cross compliance rules in 2022 for: the Basic PaymentStewardship agreementsthe Farm Woodland Premium element of the English Woodland Grant Scheme. The full guide to the cross compliance rules for 2002 can be seen on this link....

With the number of cases of H5N1 (high pathogenic) avian influenza confirmed continuing to increase throughout the UK, it is crucial that poultry keepers are ensuring they keep up to date with the latest government guidance.

This note sets out the practical implications for electric vehicle charging points.

The Scottish Land Commission has published a new guide to address disputes between tenant farmers and landlords over the replacement and upkeep of fixed equipment.

With clarification now received from DCMS, this note provides an update on changes to lease renewals within the Product Security and Telecommunications Infrastructure Bill.

The attached note contains the speech given by George Eustice to the CLA on 2nd December, setting the context for the new policies that are to replace BPS.

In a Written Statement to Parliament on 2nd December, George Eustice Secretary of State at DEFRA, reviewed the first year of England’s Agricultural Transition with its move from area-based subsidies to using public money to buy public goods. This note reviews the statement.

This note summarises the Tribunal's decision in this proprietary estoppel case.

DEFRA is today making some of its long-awaited announcements including significant details about the Sustainable Farming Incentive (SFI) 2022 (and so also updated information for the SFI Pilot as that gives access to later standards and payment rates) to be available in England. This note provides the detail of the announcements.

This case highlights the importance of understanding and applying the "no scheme" principles for those undertaking CPO work.

This note summarises a range of proposed changes and associated consultations issued by the Treasury.

This note outlines the Treasury's response to the Office of Tax Simplification proposals for Inheritance Tax and Capital Gains Tax.

The Scottish Government has now issued a consultation on the draft of the National Planning Framework 4 (NPF4), for the period to 2045. This note reviews the proposals. The consultation runs until 31st March 2022.

This note outlines the proposals in Commercial Rent (Coronavirus) Bill for an arbitration process to settle debts accrued during the pandemic.

Guidance on The Basic Payment Scheme 2022 can be found on the DAERA website.

This note provides an update on the energy and fertiliser markets.

The Government has launched two consultations relating to the phasing out of fossil fuel heating systems for off grid properties, with one focussed on homes and the other on businesses and public buildings. The proposals are for existing fossil fuel heating systems to be replaced with a 'heat pump first' approach on natural replacement cycles, potentially taking effect from 2026 for homes and as early as 2024 for some buildings. The consultations close on 12th January 2022 and the CAAV will be...

The Co-Op Foundation are awarding grants of between £75,000 and £100,000 to support work which reduces the emission of greenhouse gasses in the food and farming sector. This note offers some background detail of the grants.

The Government has published guidance for landlords, tenants and local authorities on the electrical safety standards for rented properties. The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 applied to new tenancies 1st July 2020 and existing tenancies from 1st April 2021. The CAAV also produced a podcast for members....

This note summaries the Policy Strategies and Frameworks in Northern Ireland.

The forms for the 2021 CAAV Agricultural Land Occupation Survey for England and Wales have been circulated to Local Association secretaries by email and are attached again here for convenience. The survey records changes in land occupation, including new arrangements (FBTs, succession tenancies, grazing agreements or contract farming arrangements) and identifying what has happened to land that has left the let sector (sold or taken in-hand, for example). It does not ask about rent. This is the...

This note sets out the current position on avian influenza covering:the Avian Influenza Prevention Zonelivestock movements from poultry farms; and the how to spot avian influenza.

The Scottish Parliament has set out legislation for two parallel regimes to regulate the use of properties in some areas for short-term lets through development control and then a licensing regime for all short-term lets. This note reviews the provisions of the legislation and some background.

This note summarises the Government's response to the consultation earlier this year and summarises the proposed changes.

This note sets out the Welsh Government Planning Consultations on:Potential Restrictions on Second Homes and Holidays Lets Article 4 Directions - closing on 22nd February 2022; and Permitted Development Rights - closing on 15th February 2022.

The Welsh Government and Plaid Cymru have agreed a three year Co-operation Agreement due to take effect from December 1st 2021. This note sets out the Co-operation Agreement.

The Government has issued guidance for Letting Agents needing to register with HMRC under Money Laundering Regulations. Letting Agents dealing with high value lettings (equivalent to more than 10,000 euros per month), including those dealing with agricultural and commercial properties, are required to register.

This note summarises key points from the Integrated Rail Plan, including an update on the changes relating to HS2.

This paper is prepared as an initial review of factors to be considered in agreements between developers, landowners and other interested parties for biodiversity gain in the context of the Environment Act 2021 (newly with Royal Assent). As an initial review, it will doubtless develop with experience but has been informed by presentations to and questions and discussion at CAAV meetings and a webinar. Each case will, of course, fall to be handled with professional judgment on its facts and...

Covering pertinent points regarding the recoverability of professional fees and cost of litigation proceedings, this note summarises the Tribunal decision in this case which will be relevant to Valuers undertaking Code work.

The Office for Environmental Protection (OEP) has now been put on a statutory footing from 17th November for England. This note provides some detail on the responsibilities of the OEP.

The Agricultural Holdings (Units of Production)(Wales)(No.2) Order 2021 (SI 2021/1180 (W.291)) comes into force on 1st December 2021. The Agricultural Holdings (Units of Production) Orders set out the net annual income from aunit of production for the purposes of assessing whether an agricultural holding is acommercial unit of agricultural land. Please note that the CAAV Members’ Handbook 2021/22 went to press before the newOrder was published and therefore it includes the old figures....

DEFRA has opened a consultation on proposals to reform the AHDB. This note provides some background.

The two grant streams of the Farming Investment Fund have opened for application on 16th November 2021. This note provides an overview.

The Water Environment (Controlled Activities) (Scotland) Regulations 2021 SSI 412 (CAR) introduce major changes in Scotland for slurry and silage storage as well as for slurry and divagate spreading. This note reviews the proposals.

Attached is the 2021 version of the CAAV BPS Payment Estimator to assist members with checking 2021 BPS payments in England. The CAAV can accept no liability for its use.

This note offers a brief overview of the conclusions of the COP26 meeting.

In its first use of its domestic market management powers under the Agriculture Act 2020, DEFRA has announced emergency support measures for the pig sector. This note provides more details.

The EFRA Committee has published correspondence between the Committee Chair Neil Parish, MP and Sir James Bevan, Chief Executive of the Environment Agency, in relation to the Farming Rules for Water. This note looks at the detail of the letters.

DEFRA has announced that the Farming Investment Fund is, after some delays, to open on 16th November. This note contains more detail.

The National Sheep Association reports that a temporary agreement has been reached with the EU to allow those breeding sheep to trade them from Great Britain to Northern Ireland as farm-to-farm movements only. This note provides some further background detail.

This note reviews the form of the agreed Environment Bill.

The CAAV Members' Handbook 2021/22 is attached.

This case serves as a reminder for valuers to review the ownership and business structures of claimants ahead of any CPO scheme.

This note summarises the Tribunal decision on a number of pertinent points arising from this case which are relevant to valuers involved in Code work.

The government is undertaking a review of the Nationally Significant Infrastructure Planning (NSIP) process and all its interactions. As part of this, they have launched a stakeholder survey and wish to hear from all who engage with the NSIP regime. The consultation ends on 17th December 2021.

The Chief Veterinary Officer has declared an Avian Influenza Prevention Zone (AIPZ) across the whole of Great Britain. This website note provides further detail and includes contact numbers for reporting suspected cases.

DEFRA has opened a call for evidence in relation to food labelling for animal welfare. This note gives some background.

By the end of 2nd November, some 105 countries had signed the US/EU Global Methane Pledge to work to reduce emissions of methane, a much more powerful if shorter lived greenhouse gas than carbon dioxide. This note provides an overview of the pledge, which would see a reduction in methane emissions of 30% from 2020 levels by 2030.

This note sets out unit fertiliser values for Autumn 2021 for use in connection with end of tenancy valuations.

This note is an aide memoire for valuers assessing repairing obligations in Agricultural Holdings Act tenancies in England & Wales.

The Welsh Government has published Water Resources (Control of Agricultural Pollution)(Wales) Regulations 2021: farm workbook, a digital workbook to support farmers and land managers to help meet the record keeping requirements of the Water Resources (Control of Agricultural Pollution)(Wales) Regulations 2021.

The Environment Agency has launched a consultation on the draft Flood Risk Management Plans, providing strategic plans that set out how to manage flood risk in nationally identified flood risk areas (FRAs) for the period 2021-2027. The consultation closes on 21st January 2022.

The Environment Agency has launched a consultation the draft River Basin Management Plans. A paper has been published on how the plans have been drafted including a summary of the programme of measures as well as guidance on the draft plans. The consultation closes on 22nd April 2022....

This note outlines some key headlines from the Budget and Spending Review.

The Government has announced an additional £65m of funding to support low income tenants who have fallen into rent arrears during the pandemic.

The summary Schedule for the 2021 CAAV Costings of Agricultural Operations is attached. Hard copies will be sent with the September mailing. An error has been identified in the Summary Schedule at E9(b) Combining on Larger Farms. The figure printed in the Summary Schedule is incorrectly excluding carting and should be amended to £39.05 imperial (£35.40 ex labour, £16.40 depreciation deduction) and £96.45 metric (£87.50 ex labour, £40.55 depreciation deduction) to include the cost of...

The Welsh Government is running a consultation until 17th November 2021, seeking views on local taxation of second homes, self-catering holiday accommodation and long-term empty properties. In addition, the consultation seeks views on the current criteria and thresholds for defining property as self-catering accommodation, being the trigger for non-domestic rates liability....

This webnote provides a detailed overview of the risks to insurance markets from climate change, and the possible implications.

The Scottish Government is consulting on whether some temporary provisions made under coronavirus legislation should be made permanent. Included within this is a proposal to maintain the pre-eviction protocols relating to rent arrears in the private rented sector, which are currently due to expire in March 2022. The consultation ends on 9 November 2021.

International momentum is growing for next month’s COP26 to see major pressure for early sharp cuts in methane emissions with potential consequences for agricultural and land use policies. While the largest part of the pressure may bear on the fossil fuel sector, agriculture’s role in this is important, especially for cattle but also fertilisers and manure management. See this webnote for more background detail.

A series of practical guides to soil health facilitated by the National Institute for Agricultural Botany (NIAB) for the UK Soil Health Initiative has now been issued through the Campaign for the Farmed Environment (CFE). This note provides more detail.

The Government, through the Department for International Trade, has now released its response to the first Trade and Agriculture Commission’s (TAC) Report, which was published in March this year. That report contained a set of recommendations for the development of a UK trade strategy for agri-food. This note reviews the details of the Government's response....

The Scottish Government has announced that Councils have been given £10 million of funding to provide grants to residential tenants who have fallen behind on their rent as a result of the pandemic and are at risk of eviction. The funding is available until March 2022 and landlords or tenants should contact their local authority, who will use their discretion to determine whether a grant payment is appropriate.

Finance Minister Conor Murphy has again extended emergency protection for tenants having difficulty paying rent on commercial leases as a result of the pandemic. The Business Tenancies (Coronavirus) (Restriction on Forfeiture: Relevant Period) (Northern Ireland) (No. 3) Regulations 2021 mean the measures will remain in place until 25th March 2022.

The Scottish Government is encouraging all home owners to fit smoke and carbon monoxide detectors, ahead of regulations coming into force in 2022.

On 20th October, applications opened for the first round of funding made available through the Farming Innovation Programme. This note provides some background to the grants available.

The Forestry Commission has announced that they have confirmed the presence of the tree pathogen Phytophthora pluvialis in woodland in Cornwall. The Forestry Commission are urging land managers, foresters and nursery owners to report any suspected sightings online via TreeAlert.

Forestry England are accepting applications for sites with a minimum 50-hectares to lease for tree planting. More information can found in the attached note.

DEFRA has published some early statistics on the applications for the Sustainable Farming Incentive Pilot. This note offers further background to the progress of the scheme.

The Government has published draft legislation for a Residential Property Developer tax, if enacted in the coming Finance Bill, to be introduced for qualifying larger residential property developers from April 2022. This note is only an introductory outline of the proposal for which the final legislation is yet to be published....

The Government has announced several measures to tackle the continuing and evolving issues in supply chains, both across the country and within the pig sector in particular. This note offers an overview of the proposals.

The Coronavirus pandemic has seen all of the Governments in the UK introduce measures to restrict landlords’ ability to regain possession of dwellings. This note summarises the current position in each of the territory.

The Welsh Government, using its post-Brexit powers, is making an advance payment of Basic Payment to some 15,600 claimants (97 per cent of the total) tomorrow (15th October).

This note offers an update on the development of Scottish agricultural policy.

RICS have launched 'A clear, impartial guide to compulsory purchase' as a guide for claimants affected by a scheme, which includes tips on how to know whether they are receiving good advice and what they should expect from Surveyors acting on their behalf.

A summary report of the 2020 Agricultural Land Occupation Survey results for Scotland.

A summary report of the 2020 Agricultural Land Occupation Survey results for England and Wales.

Following recent proposals put forward by the EU on amendments to the Northern Ireland Protocol, and forthcoming talks between the UK and EU, this note offers an overview of the EU's current position.

The Environment Bill, a Government flagship measure first introduced into the House of Commons in January 2019, yesterday completed its Third Reading in the House of Lords. This note provides an update.

An update on a deal to ensure the production and supply of Carbon Dioxide.

This note provides an update on recent market conditions for C02 and fertiliser.

This note contains an update on the progress of the Sustainable Farming Incentive Pilot.

The Environment Agency has published Farming Rules for Water - The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 - Common Questions and Answers including those relating to time limited RPS 252 valid to 1 March 2022

The Land Reform (Scotland) Act 2016 amended agricultural holdings legislation and a new process of undertaking rent reviews was introduced. The Scottish Government commissioned research to seek the views of tenant farmers on the current rent review process. The main report and a summary infographic is attached to this note.

As one of many measures taken in response to the pandemic, the rate of VAT for hospitality, accommodation and some leisure was cut to 5 per cent. That rate now rises to 12.5 per cent with effect from 1st October before returning to 20 per cent on 1st April 2022.

The Government has launched a consultation into proposed amendments to the regulation of water abstraction and impounding. The intention is to move the current regulation and management of abstraction impounding licenses from the Water Resources Act 1991 (as amended) into the Environmental Permitting Regulations. The purpose is to simplify and modernise the permitting process and to lessen the regulatory burden. See this note for more detail....

The SFI Pilot scheme (applications close today) has been limited to parcels that are not in an agri-environment agreement. It has now been advised that applicants to the SFI Pilot scheme can add land that comes out of a Countryside Stewardship agreement, provided the land becomes eligible (the Countryside Stewardship ends) before the SFI agreement goes live. See this website note for more details.

This note provides an overview of recent comments in the House of Lords during the passage of the Environment Bill, in relation to: Pesticides and Neonicotinoids; Pollinators; Lead Shot; Drainage (SUDs, Storm Overflows, The Isles of Scilly; Chalk Streams.

This notes provides an overview of recent Government response to debate on the Environment Bill in the House of Lords.

This note reviews recent comments in the House of Lords relating to conservation covenants, and an amendment to the Environment Bill that would require their creation by deed, among other considerations.

This note reviews a recent case in the Supreme Court: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36. The Supreme Court upheld the Court of Appeal’s ruling that, in failing to secure a statutory review of a Local Plan policy, CPRE Kent was liable for the reasonable costs of all parties on which it had served notice. See the note for more details, as well as the broader implications of the decision.

The Government has announced delays to two changes to Income Tax for the self-employed and partnerships: when Making Tax Digital is to start for Income Taxany possible change to the year-end on which tax is to be assessed. This note provides more detail.

The Government has announced support for the planting of 3,150 ha of riverside trees in England. See this webnote for more detail.

This note follows the announcement that Government has issued draft legislation for an Economic Crime Levy - a charge on businesses subject to anti-money laundering (AML) rules, so including in those involved in property transactions.

On 21st September the Welsh Government published a series of documents relating to future agricultural and environmental policy. This website note offers an overview of the documents and the proposed next steps for Welsh agricultural policy.

The forms for the 2021 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 Friday 26th November 2021.

This note sets out the consultation that has been launched jointly by DEFRA with the Scottish and Welsh Governments on plant health and biosecurity with the threat of plant pests and diseases.