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.
Two new capital items for beaver protection are now available under the Countryside Stewardship Protection and Infrastructure (CSPI) scheme. This note contains more detail.
This note outlines Wales' Sustainable Farming Scheme as announced by Welsh Government in the press release of 5th July 2022.
Applications for Round 1 of the Soil Nutrient Health Scheme (SNHS) have been extended until 31 August 2022. This note provides some background to the SNHS.
This note summarises the Welsh Government's announcement of 4th July 2022 on new measures for second homes in Wales.
The Scottish government has released a consultation on a series of proposals for a new Land Reform Bill. This note provides an overview.
The Direct Payments to Farmers (Advance Payments and Activation of Payment Entitlements) (Amendment) (England) Regulations 2022 SI 706 have been made as the necessary Statutory Instrument to amend the legacy EU CAP legislation. This note summarises the provisions of the instrument.
Following the White Paper 'A Fairer Private Rented Sector', the Government has also published its response to the call for evidence, outlining proposals for redress schemes, dispute resolution, possession procedures and controls over rent increases....
This note reviews the position of whether a tenant is liable for rent in the event of a fire or other destruction to fixed equipment.
Developing the CAAV’s Facilitating Dispute Resolution service by creating a Panel of Mediators, this note outlines the process for those wishing to apply to be on the panel.
The Welsh Government has opened the Small Grant - Yard Coverings Scheme, this note summarises the details of the scheme. It is one of the Government's schemes to support farmers to improve on-farm nutrient management by investing in existing on-farm infrastructure over the next 3 years. It can be seen to support farmers in meeting the requirements under The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021. The application window opened on 27th June 2022 and close on...
The Welsh Government has published a document on The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021: tenanted land - frequently asked questions.
The investiture of the CAAV Presidential Team for 2022/2023 took place at the AGM. The team comprises:Simon Alden (National President) Malcolm Gale (Senior Vice-President) Martin Hall (Junior Vice-President) Biographies of the Presidential Team can be found on our website.
DEFRA has today (30th June) opened the initial stage of the first of its suite of environmental land management schemes, the Sustainable Farming Incentive 2022. This note provides an overview of the scheme, and signposts members to further guidance.
The Progress Report of the Climate Change Committee, published on 28th June (see our website note), highlighted the work still needing to be done to increase woodland planting rates and restore peatland. One challenge is to identify suitable land for these activities. DEFRA, the Forestry Commission and Natural England have today published a Decision Support Framework for Peatland Protection, the Establishment of New Woodland and Re-Establishment of Existing Woodland on Peatland in England to...
The Climate Change Committee has published its annual assessment of UK progress in reducing emissions, reviewing progress made and setting out recommendations. This note looks at the section on agriculture and land use.
Update 30th June: Following further investigation, DEFRA has confirmed that Foot and Mouth and Swine Vesicular Disease have been ruled out, and the restriction zone has been lifted. DEFRA has announced that they are investigating an as yet unconfirmed case of Foot and Mouth in the Norfolk area. As a precautionary measure, an exclusion zone has been put in place. More detail - and updates - can be found on the government’s website. The CAAV will continue to update members....
This note looks at recently published operations note from the Forestry Commission, on the stacking of payments from the England Woodland Creation Offer (EWCO) and other funding for ecosystem services.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 24th June 2022 Somewhere, perhaps seven years ago, the wheel turned and Government thinking on private landlords flipped from respecting valued providers of flexibility in the economy to seeing them more as a problem. Increases in transactions taxes and the removal of Income Tax reliefs particularly affected buy-to-let, until then seen as a valid self-reliant alternative to pressured pension provision but now a mis-direction...
The Scottish Government has opened a consultation on a proposed Biodiversity Strategy. The strategy, which aims to have 'substantially restored and regenerated' biodiversity in Scotland by 2045, targets several outcomes on rural land, including the restoration of peatland, planting more trees and improving water quality. The CAAV will be reviewing the the strategy in more detail....
The Government has opened a consultation seeking views on imposing a new legal duty on landlords to make reasonable adjustments to common parts of residential let dwellings, if requested to do so. The consultation closes 18th August 2022.
The Welsh Minister for Climate Change outlined in a statement the Dwyfor Pilot. This has been followed by the Senedd’s Local Government and Housing Committee report on Second Homes. The note attached reviews both of the aforementioned.
SUPREME COURT GIVES DECISIONS IN CODE APPEALS The Supreme Court heard appeals in three cases under the Electronic Communications Code in early February: Compton Beauchamp - Cornerstone Telecommunications Infrastructure Ltd (Appellant) v Compton Beauchamp Estates Ltd (Respondent) Ashloch - Cornerstone Telecommunications Infrastructure Ltd (Appellant) v Ashloch Ltd and AP Wireless II (UK) Ltd (Respondents) “Queens Oak”/ On Tower - On Tower UK Ltd (formerly known as Arqiva Services Ltd)...
On 16th June, DEFRA made some amendments to the Farming Rules for Water guidance, following The Salmon and Trout Conservation Trust's proposal for a judicial review of the guidance. This note sets out the minor amendments made.
The June 2022 edition of the CAAV News Letter is attached.
There are currently two surveys for agricultural tenants and landlords to complete, as outlined in this note.
This is an expanded note, covering proposals for residential tenancies in England to have a single system of periodic tenancies, with s.21 notices to be abolished and revised grounds for possession.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 16th June 2022 The Government’s Food Strategy White Paper is better seen as it describes itself: “the beginning of this conversation”, largely focused on the production of food as a business. It may not cover all the social policy strands of last year’s Dimbleby Report and, while affirming the Government’s environmental targets, it was not the place for a full blown environmental presentation. Climate change and...
This note follows an announcement that BPS payments in Scotland will be starting in September.
This note outlines the proposals for a new residential tenancy regime in England, with greater security of tenure for tenants and revised grounds for a landlord to regain possession.
The Government has today published the White Paper, A Fairer Private Rented Sector, on residential tenancy law in England ahead of the Renters Reform Bill included in May’s Queen’s Speech for this Parliamentary session. This note summarises key points ahead of more detailed analysis.
Edwin Poots has announced the re-opening of two forestry grant schemes for Northern Ireland:The Small Woodland Grant Scheme: support for new native woodlands of 0.2 hectares and larger.The Forest Expansion Scheme: support for native woodland, mixed woodland or commercial conifer woodland 'that can best meet land owners business needs whilst contributing to a living, working, active landscape.' Applications to the Forest Expansion Scheme must be submitted to Forest Service by 31 August 2022. All...
This recent High Court decision has potential implications for actions taken by Directors of sole director companies if the Articles of Association of the company do not authorise them to undertake the same.
This note reviews the Government's Food Strategy White Paper.
A note reviewing a recent case where a tenant sought compensation for an improvement arising from Tenant's Amnesty provided by the Land Reform (Scotland) Act 2016.
This note looks at the initial announcements on the Government's Food Strategy White Paper.
This note reviews the Second Reading of the Levelling Up and Regeneration Bill in the House of Commons on 8th June 2022, highlighting those areas of Planning, Housing and Compulsory Purchase most relevant to members.
This note reviews the Prime Minister's speech on 8th June 2022, outlining areas of interest to members, with more detail to come on housing policy, permitted development rights and food strategy.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 9th June 2022 The principle of equivalence has long lain at the heart of compulsory purchase compensation. Its inbuilt downward pressure encouraging resistance and so delay and extra cost for projects, George Osborne, then Chancellor of the Exchequer, put it to the Royal Economics Society only seven years ago that “We should change our outdated compulsory purchase regime. Both the LSE Growth Commission and Chambers of...
DEFRA and the RPA have published updated guidance on the Slurry Investment Grant covering:who can apply;what the grants are forhow much money can be applied for; andhow to apply. Further information is to be published by DEFRA and RPA in Summer 2022 with applications to be made in Autumn 2022.
HS2 have published an update on Phase 2b, attached below. Among the updates is the announcement that the Golborne Link has been removed from the Bill, although this part of the route still remains subject to safeguarding whilst a study is undertaken to consider a number of options for improving connectivity between England and Scotland.
This webnote reviews the proposals of a recently opened government consultation on limiting market value for compulsory purchase compensation and sets out the consultation questions as an Appendix.
This note contains detail of the 2022 National Conference, which is to take place on 24th June.
This note contains some detail on projects that received funding during round 2 of the Natural Environment Investment Readiness Fund.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 1st June 2022 The argument that climate change will bring investment opportunities was sketched in this presentation, Why Investors Need Not Worry about Climate Risk, by Stuart Kirk, HSBC’s Global Head of Responsible Investment to an FT Summit – Turning Talk into Action to Hit ESG Targets – on 19th May. With that billed provocative title, he provoked and was then suspended from his job. Analysis shows banks, under...
This webnote looks at recent announcements in Scotland on agricultural spending policies.
DEFRA will make a call for proposals from organisations to lead pilot incubator projects to test what might work to increase the chances of new and recent entrants gaining the land and finance for developing their businesses. This note contains more detail.
The Welsh Government has announced that the implementation of the Renting Homes (Wales) Act 2016 will be delayed. The revised date for the Act to come into force is now planned to be 1st December 2022. The CAAV note of 21st April 2022 provides an initial overview of the changes the Act will bring to residential lettings in Wales....
The Building Safety Act 2022 received Royal Assent on 28th April 2022. All measures apply in England with some relevant to Wales or to be adopted by Wales. Changes to the Defective Premises Act and the New Homes Ombudsman are to be UK-wide measures. CAAV Note 26th July 2021 outlined the initial provisions of the Bill; an updated note will follow in due course....
Following an announcement in 2021 that part of the Yorkshire Wolds is being considered for designation as an Area of Outstanding Natural Beauty (see our website note of 25th June 2021), Natural England has now established a dedicated website for the proposal. The announcement comes after the Government's response to the Glover Report into protected landscapes (see our website note of 17th January 2022 for more background). As part of a process of consultation, members of the public will be...
The Report of the Council and Financial Statements for the Year Ending 31st December 2021 are attached.
Notice is attached of the 78th AGM of the CAAV, which will take place at The Crowne Plaza Hotel, Liverpool City Centre on Friday 24th June 2022.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 26th May 2022 “Food security” may have differing meanings but one theme at its heart it is to ensure that we have an efficient, competitive farming sector, resilient in the face of the many challenges coming. Improving productivity, achieving profit, is not an alternative to environmental improvement; each complements the other. Improved soil health and farming efficiency in using nutrients answers both economics and...
This note looks at the recent update from DEFRA about the Local Nature Recovery scheme.
A note on recent market prices and early payments for sugar contracts.
DEFRA published today (26th May) a series of guidance documents on various aspects of the Sustainable Farming Incentive 2022 (SFI 2022), as well as updating the relevant pages online. This note looks at the publication and provides links to the relevant pages online.
The Department for Business, Energy and Industrial Strategy has called for evidence to support its annual tariff review of the Green Gas Support Scheme. For more details of the Scheme, see our website note of 23 December 2021. The call seeks evidence on biomethane anaerobic digestion (AD) plant and views on the biomethane market outlook from owners or developers of AD plant and others. Online submissions are due by 10 June 2022....
National Trading Standards Estate and Letting Agency Team (NTSELAT) has published its opinion, developed with the Competition and Markets Authority, that the use of ‘POA’ or ‘price on application’ in property listings (principally sales listings) contravenes consumer protection legislation.
These regulations amend the qualifying periods for holiday homes to be assessed for business rates, as summarised in CAAV Note 24th May 2022.
This note reviews what will qualify a holiday home for business rates when the changes in The Rating (Amendment of Definition of Domestic Property) (Wales) Order 2022 take effect in April 2023.
Modifying the Antisocial Behaviour etc. (Scotland) Act 2004, these regulations remove the requirement for landlord registration where a house is under a occupancy arrangement (not a lease) by a person who has permission to enter or stay in the United Kingdom granted under the Homes for Ukraine Sponsorship Scheme. The regulations apply in Scotland with effect from 12th May 2022.
This note provides an overview of the recently announced stream of the Farming Investment Fund – Adding Value by Processing Produce.
SI 2022/565 The Boiler Upgrade Scheme (England and Wales) Regulations 2022 support installation of residential and small non-residential air- and ground-sourced heat pumps and in some circumstances biomass boilers. The regulations came into force on 23 May 2022.
The Government has issued The Boiler Upgrade Scheme (England and Wales) Regulations 2022, the Statutory Instrument under which it will make grants to support installation of residential and small non-residential air- and ground-sourced heat pumps and in some circumstances biomass boilers. The Regulations became effective on 23 May 2022. An explanatory memorandum outlines the scheme. The scheme is to be administered by OFGEM through accredited installers and is now open for grant applications....
The papers for the Council meeting held on Thursday 19th May are attached.
We have been advised that the Rural Payments system is to be unavailable from 5pm on Tuesday 24th May to 9am on Wednesday 25th May. Users should not access Rural Payments during this time in which the RPA is making critical IT changes for SFI 2022. This is in addition to the regular system downtime which will be from 6pm to 9pm on Wednesday 25th May 2022.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 19th May 2022 Alongside food and energy, housing is part of “the cost of living crisis”. It poses a particular potent threat to the Government which, now with limited time to the next election, looks to answers for England in the Levelling Up and Renters Reform Bills. It may be disappointed as, having abandoned its recasting of the planning system, these seem to focus on symptoms, not causes. Pressures of prices, rents...
This note summarises the work of the CAAV in 2021 and how it responded to the pandemic ensuring service to members at a time of major policy change.
The Compulsory Purchase Association is seeking views from all those who undertake CPO work to assess the health and wellbeing of affected parties. The survey can be completed via this link. The survey closes on 20th May 2022.
The Welsh Government has announced the Small Grants - Environment Scheme (water) providing grants for capital works for projects to help improve water quality and reduce the risk of flooding. The requirement to reduce water pollution from agricultural uses is consistent with the requirements of the Water Resources (Control of Agricultural Pollution) Regulations 2021. This note provides a summary of the new grant scheme.
At the Balmoral Show, Edwin Poots announced that the application period for a support package for pig producers in Northern Ireland is to open this week (w/c 16th May). The scheme, worth up to £2 million, will make payments to those producers who incurred price penalties on overweight pigs that were outside contract specifications from September 2021 to February 2022 due to the backlog situation on farms. Eligible producers will be contacted by DAERA, and will be invited to apply via Online...
The Peatland Code has been updated to Version 1.2. This note reviews some of the changes.
This handbook – prepared by the Rural Infrastructure Working Group of the APTF (which includes the CAAV) – provides advice on business models that could improve farm productivity and profitability.
The Agricultural Productivity Task Force (APTF) was established by DEFRA to support the Food and Drink Sector Council in working towards its task of improving farming productivity. The Rural Infrastructure Working Group of the APTF (including the CAAV and other organisations) tackled the essential preconditions for farming’s success: a better understanding of farm business structurestaxation changes to support necessary investment in farmingbetter rural broadband connectivity improved rural...
The Government has announced the Levelling Up Bill and Regeneration Bill, this note sets out how these policy changes will replace Environmental Impact Assessments with Environmental Outcomes Reports in England.
Following the Government announcement of the Levelling Up Bill and Regeneration Bill, the Government published their Planning Response of 12th May to the Commons DLUHC Committee's Report on the Future of the Planning System.
This note contains an update on world grain markets.
A note on the impact of business change for delinked payments.
This note looks at the interaction between the Lump Sum Exit Scheme and ongoing Countryside Stewardship Agreements.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 12th May 2022 England’s Levelling Up and Regeneration Bill was published yesterday, the day after the Queen’s Speech. Already 338 pages, it covers subjects from English devolution to “Combined County Authorities” to the power to review RICS governance and pavement licences. With a mixture of complex provisions and enabling powers requiring later regulations to give them shape, most aspects will require careful...
This note provides a brief introduction to heat pumps.
The Office for Environmental Protection has published its first monitoring report on the progress made in relation to England's Environmental Improvement Plan - currently the 25 Year Environment Plan. This note reviews the monitoring report.
Following the Queen’s Speech, Jeremy Moody outlines the UK Government’s legislative programme for the coming year and what impact it may have on the professional work of members.
This note sets out unit fertiliser values for Spring 2022 for use in connection with end of tenancy valuations.
Having received Royal Assent on 27th April 2022, the Private Tenancies Act (Northern Ireland) 2022 amends the Private Tenancies (Northern Ireland) Order 2006, regulating private residential tenancies. The CAAV Note of 10th May 2022 provides a summary of the key provisions and changes....
The Private Tenancies Act (Northern Ireland) 2022 received Royal Assent on 27th April 2022. This note summarises the key changes to private residential tenancies and outlines potential further regulations.
This note reviews the announcements in the Queen's Speech.
New funding opportunities have been announced for farmers and landowners in the Severn Trent region. This note contains more detail.
The Subsidy Control Act 2022 received Royal Assent on 28th April. This note provides an overview of the Act.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 5th May 2022 “Government has set an ambitious new target to raise at least £500 million in private finance to support nature’s recovery every year by 2027 in England, rising to more than £1 billion by 2030.” (Nature Recovery Green Paper, March 2022) Those are large and round figures. Where might this money come from and why? How might any of this be defined and monitored? The three major current topics each have...
The Woodland Carbon Code has been updated by Scottish Forestry, which manages the code on behalf of the Forestry Commission, the Welsh Government and the Northern Ireland Forest Service. Version 2.2 of the code was published on 6th May. This note contains more detail.
DEFRA has announced that it is to make a first half payment of this year’s Basic Payment in England in July to those who have made eligible applications by 16th May. The balance of the payment will then be paid from December in the usual payment window. This approach will then apply in England for the remaining life of the Basic Payment Scheme.
This note sets out a schedule of the parts and classes of the permitted development rights in Wales under The Town and Country Planning (General Permitted Development) Order 1995 As Amended.
The responses to the Scottish Government’s call for evidence on energy efficiency in existing non-domestic buildings have been published. The intention to regulate energy efficiency in non-domestic buildings was set out in the Heat in Buildings strategy published in October 2021 (see our website note) and the call for evidence was made in December 2021. It asked for information about national and international experience on regulatory frameworks and their costs, enforcement mechanisms,...
The Welsh Government has published a best practice guide on private connections between renewables generators and offtakers. The guide will be of interest to generators seeking to sell and offtakers seeking to buy electricity other than through the distribution network operator (DNO). Such arrangements may offer advantages to both parties including price certainty for the seller and improved social and environmental credentials for the buyer. The best practice guide offers advice on the...
The Welsh Government has published an energy strategy for South West Wales. Much reflects the UK Government’s energy security strategy (see our website note). It sets out plans to upgrade the energy efficiency of domestic, commercial, and industrial property with an investment of around £1 billion. Replacing heating systems for off-gas grid houses is prioritised, as is heat pump installation, with implications for landlords. Further build out of renewable energy, including onshore wind and...
Applications have opened for the 6th round of the Environmental Farming Scheme (EFS) Higher Level. EFS Higher Level provides annual payments to help bring designated environmental sites under favourable management. Funding is directed to areas such as Special Areas of Conservation (SACs) and Areas of Special Scientific Interest (ASSI), and other areas of priority habitat. Applicants can review eligibility on DAERA Online Services, under EFS. Fields for each farm business will be marked as...
The deadline for completing Northern Ireland Basic Payment Scheme Entitlement Transfers for 2022 is midnight Tuesday 3 May 2022.
The Scottish Government has just issued guidance on the first phase of Track 1 of the National Test Programme (NTP): Preparing for Sustainable Farming. This note contains more detail.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 28th April 2022. In the third month of Russia’s gruelling invasion of Ukraine, its expected reverberations continue across the world, compounding already disrupted supply chains and gas markets. As a benchmark for world trade, the shipping company, Maersk, carrying a fifth of sea-borne containers, reports shipping volumes down 7 per cent over the last year but freight rates up 71 per cent. China’s severe Covid lockdowns...
The Central Office for Public Interest (COPI) has updated its website using air quality data from Imperial College, London (ICL) to publish estimated data for three forms of air pollution for individual addresses. This note provides a revised summary of individual property's air quality estimates.
The RPA has now confirmed that its helpline is to be open from 8.30 am to 2 pm over both the weekends of 7th and 8th May and 14th and 15th May ahead of this year’s 16th May deadline for: Basic Payment applicationsentitlement transferssubmission of Countryside Stewardship and HLS revenue claims. Nonetheless, members are encouraged to contact the RPA’s CSC as early as possible....
The March 2022 edition of the CAAV News Letter is attached.
The Government has published guidance on how to challenge the decision to list or not list a building. A review can be requested up to 28 days after the listing notification has been published. A review will only be carried out: if there is significant evidence that the original decision was wrongwhere there was a significant factual errorwhere there was irregularity in the listing processif there is significant evidence which was not previously considered about the special architectural or...
The Animal and Plant Health Agency (APHA) has announced that poultry housing measures imposed to contain Avian Influenza will be lifted across the UK from 00:01 on Monday 2 May. The Chief Veterinary Officers of all four UK nations have noted that the Avian Influenza Prevention Zone will remain in place across the UK. Similar guidance has been issued by the governments in Scotland, Wales and Northern Ireland....
This note sets out the requirements under The Official Controls (Plant Protection Products) Regulations 2020 for all farmers and others who use plant protection products (PPPs) and adjuvants to apply to be included in a new central register of users.
The Sustainable Agriculture Capital Grant Scheme (SACGS) has now opened for applications. SACGS provides capital funding for businesses to reduce ammonia emissions and impacts on water quality resulting from the storage and spreading of livestock slurry and digestate. More background to the scheme can be found in our note of 19th April. The scheme is to close to applications at midnight on 1st June 2022. More detail can be found here: Sustainable Agriculture Capital Grant Scheme (SACGS)...
The Department for Transport has announced the appointment of Stewart Jackson as the HS2 Residents' Commissioner, replacing Deborah Fazan.
An updated version of the Biodiversity Metric has been published by Natural England. This note looks at some of the changes between versions 3.0 and 3.1.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 21st April 2022 England’s SFI 2022 opens in a few weeks as the initial SFI offer, using some of the limited funds so far taken from Basic Payment and mainly focused on the soils issues that can benefit both productive farming and wider public goals. The application process and other aspects are to reflect lessons from the continuing SFI Pilot with its exploratory role and wider range of standards. Further standards and...
A letter from the President of the CAAV
With growing interest in and pressure on emissions reductions in the agricultural and land management sectors, this note offers an overview of current carbon accounting practice. It is intended to provide some background to the need for and use of carbon auditing in the rural sector and to signpost members to other guidance and resources.
With an implementation date of 15th July 2022, this note summarises the key provisions of the Act and associated regulations for private landlords of new and existing residential lettings in Wales. This note supersedes previous CAAV notes of 27th January 2022 and 10th February 2022 and provides further detailed and updated information.
DAERA have announced that the application period for the Tier 2 tranche 2 of the Farm Business Improvement Scheme - Capital (FBIS-C) has been further extended to 4.00pm on 20 May 2022. More detail is available here: FBIS Capital Tier 2 application period extended to 20 May | Department of Agriculture, Environment and Rural Affairs (daera-ni.gov.uk)....
We have been contacted by a student at Harper Adam's University, in relation to post-graduate research. The research's goal is to collate, analyse and share the findings from experiences of disputes, which traditionally are endured in isolation, to help the sector improve best practices. Participants should have experience from past land-based disputes or conflicts (ie they are no longer active disputes), of any scale of dispute, in any location, in one or more of these sectors: Rural land...
This note provides a detailed overview of developing agricultural and environmental policies in Northern Ireland.
A recent publication from DEFRA provides an example of how data and digital technology may come to shape rural policy delivery and private markets in the future. This note looks at the background to the Living England project.
This note provides an overview of the current relevant legislative provisions and policies for Biodiversity Net Gain in Wales, Scotland and Northern Ireland and offers an insight into the development of polices for biodiversity enhancement and nature conservation on a national scale.
The CAAV and SAAVA have issued a joint response to the consultation 'A New Deal for Tenants', a copy of which is attached.
The Scottish Government has made an announcement on the Sustainable Agriculture Capital Grant Scheme (SACGS). The scheme provides support to businesses to invest in equipment to reduce harmful ammonia emissions and reduce adverse impacts on water quality resulting from the storage and spreading of livestock slurry and digestate. This note sets out the details of the SACGS. The scheme opens for applications on 26 April 2022 and closes to applications midnight 01 June 2022....
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 14th April 2022 The UK Government’s new British Energy Security Strategy, responding to the rising energy costs of the last year and now the Ukraine War, is better seen as a snapshot of work belatedly in progress, at differing stages needing more development and with much implementation to be done offering little immediate easing. Our energy networks have anyway been expected to come under pressure this decade as old...
A new code of practice has published for commercial rent arrears accrued during the COVID-19 pandemic, reflecting the provisions of the Commercial Rent (Coronavirus) Act 2022, which was summarised in CAAV note of 30th November 2021....
Scottish Residential Tenancies Consultation The period for responding to the Scottish Government’s consultation on residential tenancies, A New Deal for Tenants, with its proposed changes to the law on private residential tenancies and its discussion of tied housing and housing in agricultural tenancies has been extended to close next Friday, 22nd April.
This note summarises the British Energy Security Strategy, published by the Government on 7th April 2022.
This note contains advice on saving DEFRA's guidance on SFI 2022 from the Government's website as a PDF.
The long-awaited Renting Homes (Wales) Act 2016 will be implemented on 15th July 2022. The Act will introduce new forms of contracts, replacing Assured Shorthold Tenancies, together with new notice provisions and enhanced safety requirements. In this episode, Rebecca Collins, Policy and Technical Adviser to the CAAV explains the key provisions of the Act and what managing agents need to be aware of.
Guidance has been published for those impacted by the Phase 2b Hybrid Bill (Crewe to Manchester), outlining the rights of petitioners to be heard by the Commons Select Committee.
An updated 'Landlord's guide to right to rent checks' has been published, taking effect from 6th April 2022 and reflecting the changes introduced for biometric cardholders, amongst other amendments.
DEFRA has now published the full guidance to the Lump Sum Exit Scheme: How to apply for a lump sum payment to leave or retire from farming - GOV.UK (www.gov.uk). The application form is available here: Lump Sum Exit Scheme: application form (publishing.service.gov.uk)The evidence form for land transfer and entitlement surrender is available here: Lump Sum Exit Scheme: Entitlements and Evidence form (publishing.service.gov.uk). Applications can be made until midnight on 30th September 2022. For...
In February, DEFRA opened the first round of the Landscape Recovery Pilot (see our website note of 1st February for more detail). To support potential applicants, DEFRA hosted a webinar, which is available to view online: Landscape Recovery Application Launch Webinar (Tuesday 1 March) - YouTube. DEFRA have now published the Q&A from the webinar online. Those interested in the scheme may find the answer to any questions on that page....
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 7th April 2022 We are re-pricing the economy. This is not simply the larger impersonal movements of global commodity markets but the actions of suppliers and buyers, as each adjusts to changed circumstances. How far does each hold their ground or press their cause? What business adjustments does each make? What new things become practical? What old things have to change? This is perhaps still more an adjustment to a “new...
The limitation of red diesel and so need the need for some agricultural contractors to now hold white diesel has prompted a question about such contractors, their buildings and the agricultural exemptions from business rates. This note reviews the issue.
These Regulations enable the progressive reduction in BPS for 2022. A tool is available on DEFRA's website to calculate the reduction in BPS for a farm business.
The Regulations enabling the implementation of the Lump Sum Payment Scheme have now been published. They are available here. For background detail, see our website note of 8th February, our podcast of 9th February and the answers to questions raised during our webinar on the Scheme....
The Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent on 15th March 2022, with the note of 28th February 2022 outlining the key purpose of the Act. Agents who receive an 'information notice', which requires the provision of details of beneficial owners of property or other assets, must respond within one month. Failure to respond to a notice or responding with information that is known or suspected to be false is a criminal offence punishable by up to two years'...
Northern Ireland's Finance Minister has announced an update to Buildings Regulations guidance, taking effect from 30th June 2022 and requiring new buildings to have lower emissions. Developers retain flexibility on how to meet the requirements, with expectations for the use of low carbon technologies and increased air tightness for new buildings.
The Scottish Government has updated its 'Applications to the Scottish Ministers for the grant of a Necessary Wayleave in Scotland' guidance for applicants, landowners and occupiers.
This note summarises new obligations, including the payment of a levy that will affect some businesses regulated for AML purposes, including estate agents and letting agents.
Introduced in Part 3 of the Finance Act 2022, these Regulations take effect from 1st April 2022 and introduce a levy for those regulated for anti-money laundering purposes, as summarised by CAAV note 4th April 2022....
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 31st March 2022 “I used to think that if there was reincarnation, I wanted to come back as the president or the pope or as a .400 baseball hitter. But now I would like to come back as the bond market. You can intimidate everybody.” (James Carville, Political Adviser to US President Bill Clinton) From the Chancellor to the supermarket and from the farm to the household, present circumstances and the last few months show...
A recent case in the Upper Tribunal, hearing an application for the modification of a restrictive covenant, considered the contribution of privacy to the value of a dwelling. This note reviews the case.
These Regulations amend the Local Government Finance Act 1992, such that, on or after 1st April 2023, a local authority in Wales may increase the amount of council tax by up to 300 percent for long-term empty dwellings or a dwelling occupied periodically.
The RPA has just issued the briefing below in response to issues found by members and others in making on-line Basic Payment applications.
The Welsh Government has announced in a press release that £227m of funding will be available to support the Welsh rural economy in building a greener and more sustainable future. This note sets out what support will be available.
DEFRA has published more detail on the Sustainable Farming Incentive for 2022. This note contains an overview.
The Treasury has clarified the uses of red diesel in connection with agriculture that will remain to be tax relieved after 1st April 2022. This note summarises the uses that will continue to be relieved.
DEFRA has today, 30th March 2022, announced new statutory guidance for England's Farming Rules for Water, this note summarises the announcement.
DEFRA has today, 30th March 2022, announcement more detail on the SFI 2022 Annual Animal Health and Welfare Pathway, this note summarises the review.
The Scottish Government has published two guidance documents regarding the licensing scheme for short-term lets - one for hosts and operators and the other for letting agencies and licensing authorities. The CAAV Note of 25th November 2021 provides a summary of the regulations and licensing scheme....
This note introduces the SFI 2022 and other DEFRA Announcements of 30th March 2022.
This note provides some background to the Flood:RE scheme, and some recent changes.
As summarised in the note 23rd December 2021, the protection from eviction measures originally introduced as part of the Coronavirus Act 2020 cease to apply from 25th March 2022.
The Commercial Rent (Coronavirus) Act 2022 received Royal Assent on 24th March 2022 and taking effect in England and Wales. The note of 30th November 2021 summarised the provisions of the then draft Bill....
The CAAV has been contacted by Lucy Cooke, a fourth year Rural Enterprise and Land Management BSc (Hons) student studying at Harper Adams University. Her dissertation is to explore the perceptions of Women within Land Agency. The research includes the collection of primary data in the form of this questionnaire. The link is available here: https://harper-adams.onlinesurveys.ac.uk/is-rural-land-agency-a-sustainable-career-for-women The questionnaire should not take longer than 15 minutes to...
The Government has published guidance for the Green Heat Network Fund, which is now open to applications until 2025. Funding is available for feasibility and construction work for low and zero carbon heat (and cooling) networks. Alongside other application criteria, in rural locations, the threshold is for a minimum of 100 dwellings to be connected.
The domestic Renewable Heat Incentive scheme closes to new applications on 31st March 2022. The replacement Boiler Upgrade Scheme is not yet open but provisional details for the new scheme are available via this link.
These regulations amend the Permitted Development rights of Electronic Communications Code operators, as summarised in CAAV Note 28th March 2022.
This note summarises the High Court's decision to refuse the application from NFU Cymru for a Judicial Review of the new Welsh Agricultural Pollution Regulations.
This note summarises the amendments to Part 16, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, applying to developments by Code operators from 4th April 2022.
A framework has been published by industry stakeholders, outlining how operators and site providers should communicate with each other. The CAAV is seeking feedback on the framework from members who undertake Code work.
These Regulations apply where a landlord believes a contract holder has abandoned a dwelling and set out the procedure for regaining possession and how to dispose of any property belonging to the contract holder. The CAAV note 21st April 2022 provides further information....
Regulations that prescribe forms of notice to be used for occupation contracts under the Renting Homes (Wales) Act 2016, including notices to regain possession. See CAAV Note 21st April 2022 for more information.
These Regulations amend Schedule 9A of the Renting Homes (Wales) Act 2016, which set out restrictions on the landlords ability to serve a valid notice to regain possession. See CAAV note 21st April 2022 for more information.
Regulations prescribing the information that must be provided to contract holders in relation to the protection of a deposit under an occupation contract. The CAAV note 21st April 2022 provides further information.
Regulations made by the Welsh Ministers, setting out the Supplementary Provisions to be included in occupation contracts under the Renting Homes (Wales) Act 2016, but capable of being varied as the parties may agree. See CAAV Note 21st April 2022 for more information.
Regulations prescribing the explanatory information that must be included in an occupation contract under the Renting Homes (Wales) Act 2016. See CAAV note 21st April 2022 for more information.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 24th March 2022 Russia’s invasion of Ukraine has instantly removed a large supply of grain and oilseeds from markets immediately affecting prices in the already tight tail of the 2021 harvest. Forward markets seem to recognise that little may come from the Black Sea for the 2022 harvest. That naturally prompts discussion of food security though this means very different things in different contexts. From Joseph advising...
Jeremy Moody outlines the market consequences of Russia’s war on Ukraine and highlights its impact on the professional work of Valuers.
The Government recently published the Nature Recovery Green Paper: Protected Sites and Species. This note looks at the proposals for the delivery of nature recovery.
The Government recently published the Nature Recovery Green Paper: Protected Sites and Species. This note looks at the proposals for protected species.
The Compulsory Purchase Association is seeking views from all those who undertake CPO work to assess the health and wellbeing of affected parties. The survey can be completed via this link.
A note reviewing the Chancellor's Spring Statement from today.
Having raised with the RPA the problems that a number of members have had as agents in verifying their e-mail addresses on the Rural Payments system, the CAAV has now been provided with the note below to assist members who have yet to confirm their own details.
The Government recently published the Nature Recovery Green Paper: Protected Sites and Species. This note looks at the proposals for the '30 by 30' target.
The Government recently published the Nature Recovery Green Paper: Protected Sites and Species. This note looks at the proposals for protected sites.
This case assessed consideration and compensation for apparatus on a water tower, with the decision also illuminating valuation principles that are applicable to renewals of existing agreements.
This case was heard in the Lands Tribunal for Northern Ireland and reviewed a preliminary matter regarding the validity of a Code Notice for an agreement subsisting under the Business Tenancies Order (Northern Ireland) 1996 and subsequently the operators application for a new agreement.
As Valuers, one of our most important skills is our ability to negotiate. In this episode, Lynne Thomas (also known professionally as Lynne Robson) from True Potential Training shares her insights on how to become effective negotiators and influencers and offers some tips on how to handle difficult conversations. For information, Lynne’s LinkedIn Profile can be found here: https://www.linkedin.com/in/ly... and her email is Lynne.13@btinternet.com...
Members are frequently seeking comparables for mast rents; this note outlines an initial solution for use of the CAAV Noticeboard.
This note provides guidance from RPA on checking an updating email addresses.
With several members raising queries about issues where accommodation may be offered to Ukrainian refugees, including by tenants, this note summarises what is known so far.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 17th March 2022. The immediate and multiple human and economic consequences of Russia’s invasion of Ukraine are reverberating around the world, further testing already disrupted supply chains and following the impact of the pandemic (still closing cities in China). With sharp movements in the prices and availability of gas, oil, metal and produce and consequent issues for fertiliser, there is much to consider in...
The Welsh Government is consulting on the rating of non-domestic properties occupied by the same people and next to each other. Previously they received one rates bill. A Supreme Court ruling in 2015 changed this practice for a small number of ratepayers. The proposal is to reinstate the practice before the ruling. The consultation closes on 1st June 2022. See the Welsh Government website for the full details....
SI 2022/217 The Non-Domestic Rating (Definition of Domestic Property) (England) Order 2022 amends the definition of domestic property for the purposes of non-domestic rating under Part 3 of the 1988 Act with effect from 1st April 2023. It provides that a property is not domestic property if the owner intends to let it commercially as self-catering accommodation for short periods totalling 140 days or more. With the conditions that the property:must have been available to let in the same way for...
SI 2022/22 (w.71) The Environment Act 2021 (Commencement No.1 and Saving Provision) (Wales) Regulations 2022 came into force on 4th March. It is the first commencement order to be made under the Environment Act 2021 bringing into force specific provisions covering producer responsibility obligations and including powers regarding the regulation of hazardous waste.
The 5th round auctions of the Woodland Carbon Guarantee Scheme will take place from midday on Monday 9th May to midday on Sunday 15th May 2022. The application deadline to take part in the auction is 11:59pm on Sunday 24 April. More detail can be found on the Government website. Our website note of 22nd November 2021 provide some background to the scheme....
The Environment Act 2021 requires DEFRA to set a number of legally binding targets for Government policies to achieve. DEFRA has now issued this consultation setting out its proposed targets with responses due by 11th May. This note has a summary of the proposed targets.
The Basic Payment Scheme application window opened today (Tuesday 15th March) for 2022. Applicants have until 16th May to submit a claim. Guidance for 2022 is available here.
This note looks at recent price rises in the diesel market.
DEFRA is now reviewing the list of items available for grant funding ahead of the second round of the Farming Equipment and Technology Fund and is asking which of the items relating to productivity and slurry management should be considered for: adding to the list, contributing to at least once of the aims aboveremoval from the listwhich specifications need to be updated. Animal Health Items – Suggestions relevant to animal health are also invited, to be made by 22nd March. This note...
This note summarises the draft regulations for the Lump Sum scheme.
Russia’s war on the Ukraine has prompted the Government to apply sanctions freezing the assets of a widening range of Russian entities and individuals. This note gives some background detail.
DEARA has announced that a support scheme will be opened in April for those pig producers who incurred price penalties on pigs that were outside contract specifications from September 2021 to February 2022. The funding is being provided in recognition of recent market challenges in the pig sector. In total £2 million will be made available. Eligible pig producers will be invited to apply through DAERA Online Services....
Examining who can confer code rights, with a distinction between a lease (with exclusive possession) and that of a permission for apparatus to oversail land, this note summarises the decision of the Scottish Lands Tribunal.
This article by Jeremy Moody first appeared in the CAAV e-Briefing of 10th March 2022. The immediate effect in produce markets of Russia’s barbaric aggression in Ukraine is the removal of large stocks of grain and oilseeds, Ukrainian and Russian, from already tight markets with 160 carriers stuck in the Black Sea. Rising prices are then increased as buyers pay dearly to replace the supplies they thought they had, some with exposed market positions – a phenomenon also seen in oil and metals...
This note summarises the 10th SAAVA/CAAV Scottish Agricultural Land Occupation Survey.
The Association of Farmers and Private Landowners of Ukraine has issued an international call to support Ukraine. We have published the document below.