nformation - Landlord, Property Consultants, Oswestry, Conwy, Wales, UK


 

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What’s been happening:-

 

Free Pesticide Disposal Scheme

Welsh Water are currently offering a Free Pesticide Disposal Scheme across Wales and within their English drinking water catchment area. This includes the River Teme catchment and parts of the River Wye catchment. A map of eligible areas is available on the following website:

https://www.dwrcymru.com/…/Water…/Pesticide-Eligibility.jpg…

They will collect pesticides, herbicides, sheep dip and slug pellets.

• To take advantage of this offer you will need to register with Welsh Water BEFORE 30th SEPTEMBER 2019

• They will then confirm if you are eligible and will pass your details to their third party contractor to ensure your confidentiality.

• The contactor will arrange a collection date with you which will be between October 2019 and February 2020

 

Philip Meade:-

Day out of the office visiting two farms in North Wales and Anglesey. Both involving tenants thinking about giving surrendering. Sign if the times! At least I had this drive home.

I love working in Wales

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Kathryn Williams:-

Natural capital brings opportunity for new wealth streams

Farmers looking for new sources of income could benefit from public and private sector cash for environmental services in the future.

The Environmental Bill announced in December 2018 makes provision for delivering environmental services such as managing land and water for wildlife and cultural and natural heritage; supporting public access; climate change mitigation; animal health and welfare and plant protection.

Kathryn Williams of Davis Meade Property Consultants says the details of how these services will be delivered and the benefits measured and paid for are yet to be determined but farmers and land managers should take advantage of any opportunities to bring in income that could be lost post Brexit.

“It also possible that there will be cash from private sources too in the future, perhaps for opening up your farm to the public or for private events or for planting trees for cash from companies looking to offset their carbon footprint,” Kathryn said.

“For example, in the uplands of Wales you could build a case for environmental services. What if lambs lose support payments and the French export market goes post Brexit, maybe the best thing to do is to plant trees, especially if someone pays for it.”

Utility companies might pay for natural asset management to protect their operational assets, for example a water company might fund changes to farming practices as payment to secure ready supplies of good-quality water.

Farmers might be paid for natural flood management and drainage to protect railway lines vulnerable to weather and flooding.

The government has committed to require developers to demonstrate a 10 per cent net gain in habitat value for wildlife for certain projects. This could potentially involve paying farmers to manage land in longer term environmental schemes.

More recently the government announced it is to enable ‘conservation covenants’, a new form of legal agreement which will secure environmental benefits and bind future landowners as well as the current ones who make the covenant in the first place.

“What price you put on such services is yet to be determined but good advice will be needed to ensure there is a strong legal agreement in place between both parties,” Kathryn said.

“There could be tax consequences too, such as eligibility for entrepreneurs’, holdover and rollover reliefs. And will the land continue to qualify as agricultural and business property for inheritance tax reliefs?

“Tenant farmers will have to make sure they don’t breach their tenancy and we don’t yet know how these new environmental income streams will affect the value of land.

“We are at a very early stage yet with natural capital. At the moment industry is not obliged to be carbon neutral but when industry does become legally bound to offset its carbon footprint the money could flood in,” she added.

For further details contact Kathryn Williams at Davis Meade Property Consultants, Oswestry on 01691 659658 or email kathrynwilliams@dmpcuk.com

 

Bespoke Farm Business Tenancy Agreements

Davis Meade write bespoke Farm Business Tenancy Agreements. We do not use standard industry templates and therefore we are able to create agreements that are tailored to individual clients requirements. We constantly review the terms of our agreements to ensure they address current issues within the agricultural sector such as providing Brexit provisions from both a Landlord and Tenant perspective. For more information on tenancy agreements or if you wish to renew or create an agreement, please contact either our Colwyn Bay or Oswestry office.

 

Philip Meade:

Agricultural tenancy reform consultation

Defra is planning changes to agricultural tenancy law aimed at boosting productivity and making it easier to get in and out of the industry.

The move follows a report produced two years ago by the Tenancy Reform Industry Group, a cross industry body including representatives from the farmers, landowners, land agents and valuers.

“The report was commissioned by Defra to address productivity and support structural change in the industry and our package of proposals is now being considered in the tenancy reform consultation,” explained Shropshire land agent Philip Meade, who sits on the TRIG panel.

Among the proposals was the idea that an Agricultural Holdings Act tenancy could be assignable, so that an older farmer who wanted to retire but did not have children to inherit the tenancy would be able to assign the tenancy to a third party or enter into surrender negotiations on the tenancy with their landlord. Defra’s consultation is also suggesting amending the minimum age of 65 for a succession on retirement under the Agricultural Holdings Act 1986 and removing succession rights when the tenant reaches five years past the state pension age.

Also included in the consultation is a provision to vary or even over ride some restrictive covenants within Agricultural tenancies which are problematic or are likely to become so, especially with the major changes revolving around environmentally-based income that we are likely to see in the next few years.

Philip Meade said they have also looked at Agricultural Tenancies Act 1995 restrictions on landowners issuing tenancies on their land without permission from a lender, who might have a charge over that land.

“They are also considering a call for evidence on the repossession of agricultural land requiring banks to get a possession order from the courts before seizing land,” said Mr Meade.

“There is currently significant pressure from the tenanted sector to see longer tenancies to allow tenant farmers to plan and invest in the farm businesses for the long term. At the same time, many landlords are trying to get land back in hand so they can benefit from lucrative tax relief. Whether or not a middle ground to satisfy all parties can be achieved remains to be seen”

For further details contact Philip Meade at Davis Meade Property Consultants, Oswestry on 01691 659658 or email philipmeade@dmpcuk.com

 

Philip Meade:-

Caution over environmental assessments

Concern is mounting amongst chartered surveyors and property owners on the reliability of visual and noise impact assessments with regard to construction of new roads and infrastructure projects.

The issue has been raised following the opening of Newtown Bypass where property owners who were promised that the road would not impact on their homes are now experiencing unexpected levels of noise from traffic on the road.

Surveyors at Davis Meade Property Consultants say that in some instances there is a mismatch between what the environmental assessments say and what is actually happening on the ground.

“For instance, when a road scheme is going for approval the environment assessment, which is taken as the gospel, might say that you won’t see it or hear it or the most you will see is the top of a very tall lorry, whilst actually you can see the wheel arches on a car,” said Philip Meade of Davis Meade Property Consultants.

“We are concerned about the long term affects for property owners close to the road. Even though they should be able to get further compensation, they still have to live with the noise and visual impact. And the cost of additional compensation will be coming from tax payer’s money.

“For example, one property owner affected by the Newtown Bypass declined to sell his place to the Welsh Government after he was told by the land acquisition team that he wouldn’t hear and see much. Now he has lights shining in and can see plenty and hear plenty.

“If he could wind the clock back he would have sold it but doesn’t now have the opportunity.”

Mr Meade believes the current system can be unfair as it is a bit of a ‘David and Goliath’ situation with everything stacked in favour of the authority rather than the individual. He says the Royal Institution of Chartered Surveyors has commissioned a report looking into the Compulsory Purchase Code and hopes that a simpler process encouraging dialogue rather than dispute will come forward.

For further details and advice on compensation contact Philip Meade at DMPC on 01691 676144 email Philipmeade@dmpcuk.com

 

Kathryn Williams:-

English farmers can apply for derogation to cut hedges in August

Farmers in England planning to sow oilseed rape or temporary grass late summer early autumn may be eligible for a Hedge Cutting Derogation to allow hedge cutting to commence in August rather than September, the date permitted under cross compliance.

“You can apply for derogation from the Rural Payments Agency (RPA) and you must receive this permission before carrying out any work and make sure you follow any conditions,” said Kathryn Williams, director of Davis Meade Property Consultants.

The correspondence to the RPA via letter or email should be clearly marked ‘Cross compliance derogation’. It should contain the following information:

• Claimant name and address

• SBI number (ELS/HLS/CS agreement number if applicable)

• Field reference numbers – if you wish to cut both sides of a hedge, you will need to list both field

reference numbers

• Confirmation that you wish to sow oilseed rape and/or temporary grassland on these parcels in

August

• Clearly state which scheme options you are asking for a derogation from.

“You can also send any available evidence, such as photographs or diagrams,” she said.

Apply via email: ruralpayments@defra.gsi.gov.uk or via post at RPA, PO Box 352, Worksop S80 9FG

For further information contact Kathryn Williams at DMPC on 01691 659658 or email kathrynwilliams@dmpcuk.com

 

 

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Oswestry Office, 103 Beatrice Street, Oswestry, Shropshire. SY11 1HL
01691 659658

Colwyn Bay Office, Plas Eirias Business Centre, Abergele Road, Colwyn Bay, Conwy. LL29 8BF
01492 510360

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