Andrew Tompson and Marcus Blake on the latest HS2 progress

Nature of the work:

Negotiating for agreement for entry onto private land for sewer and water pipe works.

Negotiating for the purchase of land.

Assessment of compensation due to landowners and occupiers.

Assistance with valuation work.

Assistance with preparation of legal and compensation reports.

There may well be opportunities for work on other aspects of property advice within the office, such a property management and planning and development.

Key skills:

Must be IT literate.

Must be numerate and able to work with spreadsheets.
Good communicator in all forms, but particularly in person.

Must have a driving licence and own car.

Qualifications:

The successful candidate will most likely be educate to degree standard and will have an interest in property.  No formal experience is required as in house training can be given.  Berrys is a firm of chartered surveyors and can give appropriate training to candidates if required.

Berrys will consider applicants on a full time and part time basis.

Please send your CV and covering letter to careers@berrybros.com

One of the proposed changes involves a reduction of the number of unnecessary applications by legally defining a listed building’s special interest.  This will mean that only the parts of a building that contribute to its special interest are protected. This aims to eliminate the requirement to apply for consent for works that affect other parts of the building.

Plans are also in place to enable developers to seek a Certificate of Immunity (COI) from listing or scheduling at any time, which would be valid for five years. This would alter the existing arrangements whereby COIs are only issued in relation to listing, and only after the developer has applied for planning permission.

Additionally the government has planned to allow owners of listed buildings and local authorities to enter into Statutory Management Agreements and enable works specified in such agreements to be undertaken without the need for additional applications.

To reduce the paperwork involved, the powers that be have planned to remove the requirement for Conservation Area Consent when demolishing unlisted buildings, and make this subject to planning permission instead.

The Government has indicated that it will discuss options for introducing a system of prior approval for certain types of works to listed buildings. Under the system, Listed Building Consent would be deemed as granted if the local planning authority does not respond to a developer’s notification within a specified time period.

Ministers have also announced consultation on options for allowing certification of applications for Listed Building Consent by accredited independent agents.

In order to give greater confidence to the owners of listed buildings and reduce the cost to local authorities of enforcement, the Government will consult on legally defining circumstances in which minimum compensation should be payable when listed buildings are subject to compulsory purchase.

Stephen Locke, of our Shrewsbury office commented on the proposed changes.

“Any measures which reduce the need for unnecessary paperwork are welcome.  The Government appear to be looking at various methods of making planning less bureaucratic, in an effort to stimulate the economy.”

“As part of the proposed changes the Government also plans to enable developers to seek a Certificate of Immunity (COI) from listing or scheduling at any time, valid for five years. This would change the existing arrangements whereby COIs are only issued in relation to listing and after the developer has applied for planning permission.”

“By removing this requirement, it is thought that this will reduce workloads of stretched council staff. Ministers have also announced consultation on options for allowing certification of applications for Listed Building Consent by accredited independent agents. ‘Accredited Agent’ as yet to be defined, however, it would be reasonable to assume that an individual should be a member of the RICS or RTPI as a minimum.”

To discuss this with an RICS or RTPI expert, contact your local Berrys office.

SPS 2011

As expected over the last couple years the RPA have made substantial payments in early December and those whom the RPA does not believe will be paid in December should have received a letter, explaining what is causing the delay.

Jim Paice Minister released a statement on the 5^th December containing the following information:

I am pleased to confirm that as at the end of 1 December, the first day of the 2011 Single Payment Scheme (SPS) payment window, the Rural Payments Agency (RPA) had released payments totalling over £1.2 billion (71.6% of the estimated total fund) to some 84,600 English farmers (80.8% of the estimated total of eligible claimants).  Payments to farmers will continue to be made as soon as validation of their claims is complete, with the values adjusted to reflect any significant outstanding overpayments from previous years. There remains much to do, but this promising beginning places RPA in a good position to meet its first SPS 2011 performance indicator, namely to pay 78% of the total estimated fund value to a minimum of 86% of eligible claimants by the end of December 2011.

If you have not received your payment and haven’t received any advice, or you believe that your payment may be incorrect and would like some advice on the matter, please do not hesitate to contact your nearest Berrys office.

SPS 2012

At this moment it time we do not anticipate anything being significantly different to 2011 and the advice remains that if you have surplus entitlements or agricultural land upon which you are not currently activating entitlements then try to buy or sell entitlements.

AN INDOOR JOB FOR THOSE LONG WINTER NIGHTS – make sure your soil protection reviews are up to date.  It could be the most expensive night in front of the fire you will ever have if it does not get done and the inspector turns up next year!
2014 and beyond

As you will have seen from the agricultural press, on the 12^th October the CAP reform plans were outlined for the period 2014 – 2020. Berrys are monitoring the progress of this and will be releasing up to date information onto our website.

For more detailed information, assistance or advice do not hesitate to contact your nearest Berrys office.

Andrew Sellick

-          Recent farming practices have moved more and more to how farmers prepare their fields, over this winter period farmers who have in the SPR identified any water logging or drainage issues should be dredging their ditches alleviating the problem and so comply with their  SPR.

-          On the 1^st of January 2012 a New Good Agricultural and Environmental Conditions Code labelled GAEC 19 will be established, governing N applications near water courses and forcing farmers to think how they spread their fertiliser and create risk maps. This will apply to all not just Farmers under NVZ rules.

-          With the Closed period for Fertilisers underway now is a prime opportunity for farms to review their Fertiliser Spreaders. With the introduction of the new GEAC, the marked reduction in the Capital Allowances in March and spiralling Fertiliser costs inefficient Fertiliser spreaders could put the farm at risk and cost more than there worth.

-          Farmers should also be aware that under GEAC 8, all public rights of way should be maintained and kept clear. The minimum width for a footpath is 1m and 2m for a bridleway, this route must remain ‘visible’ throughout the year. Although if it does run along the boundary edge of a field make sure it does not interfere with GEAC 14 which takes precedence.

George Stanley

Read the text version

By Marcus Blake

Interestingly only 2/3 of new business survives the first year of business and only 5% survive beyond 5 years. The main contributory factor for this is due to poor planning.

A business plan is a vital tool to outline the whole concept of the proposed business and is a realistic look on the market, it helps to understand how and where the business will fit into the industry, the aims of the business,  what product or services are been offered and most importantly the costing’s and finances of the business.

Equestrian businesses require high set up costs, hard work, and in most cases land and buildings.

The common problem when starting a business is where to start. It is quite daunting to enter into a new business, the risks and the competition cause anxiety but the opportunities and vision drive entrepreneurs.

Here at Berrys we can provide a solution based approach to getting your business off the ground, we can assist in start-up advice, including research and business planning funding options, marketing and asset and management services. We can also provide help with expanding equestrian businesses.

Frances Buckley

It is now time for those key businesses along the supply chain to position themselves  in such a way that will fuel the interest and growth within the industry.  A business based upon subsidisation distorts the marketplace and this decision by the government will enable the industry to progress on a firmer footing.

Change always provides opportunities and the challenge has been set.  The question is how will buyers and sellers alike react.

Jon Stables - (jon.stables@berrybros.com)

This offer means that our high quality service is available at a fraction of the price.

This service includes:

• Accompanied viewings
• Feedback on viewings
• Inventory preparation
• Tenancy agreements
• Strategic advertising and marketing campaign

Contact us today for more details.

For Shropshire contact Sarah Reece on sarah.reece@berrybros.com or 01743 271697

For Northamptonshire contact Gary Conaghan on gary.conaghan@berrybros.com or 01536 412464

For Cheshire contact Graham Bowcock or graham.bowcock@berrybros.com or 01606 49200

On 29^th July the public consultation on HS2 closed, and was followed by a House of Commons debate on 13^th October. However, there was no vote on whether or not MPs agreed with the proposed high speed rail link. Instead, we will have to wait until later this year at best before an announcement is made as to whether the scheme gets the go-ahead, and if so the choice of finalised route.

If the decision is made to continue with HS2, and therefore proceed with a Parliamentary Hybrid Bill, further uncertainty will ensue for those living on or close to the finalised route. Assuming the current rail timetable is adhered to (and with a railway network is it ever?), and Justine Greening is still at the Department for Transport, it is hoped that she will be giving serious consideration to those property owners experiencing undermined property values, unmarketable homes, and an uncertain future for both their families and rural businesses.

Until the route is ‘safeguarded’, or in the eyes of the layman the route has been finally plotted by HS2, the compensation provisions of the The Town and Country Planning Act 1990 and the Land Compensation Act 1961 will not apply. Until then the current Exceptional Hardship Scheme (EHS) should remain in place, acquiring properties from owner-occupiers who can demonstrate an urgent need to sell.

For those property owners on the finalised route, or very close by, who do not qualify or might not want to selling under the EHS, they must wait for ‘safeguarding’ and the Blight provisions that it brings. Statutory blight will apply for those properties to be demolished in order to build or operate the line or which would effectively be made uninhabitable because they were so close to the line. For these properties, the owners may be able to force HS2 acquire their property by a method that is in effect compulsory purchase in reverse. For those who can serve a valid Blight Notice there may be the opportunity to sell up and move on.

For farmers and larger land owners a Blight Notice may not provide the answer though, as a Blight Notice cannot be served on only part of a holding. Instead, it must be on all the property within the ownership. Is the whole farm or holding blighted? For many farmers this is unlikely.

During this time of uncertainty there is action to be taken. Those owners who are likely to have part or the whole of their property compulsorily acquired should check that action is taken to optimise their claim by ensuring ownership of assets are in the correct name, and advice has been taken from their accountant to plan for any tax liability that may result. Is there the opportunity to enhance the planning on assets to be acquired, as this is permissible up until the route is safeguarded.

We are already providing advice to farmers and land owners who are facing the impact of HS2 on their property. We can form a strategy to maximise the compensation they are rightly entitled to, minimise the impact on any land that they retain, plus ensure that their business has the best chance of operating during and after the construction of HS2.

Hear Marcus’s thoughts on the topic:

Marcus Blake

marcus.blake@berrybros.com

Berrys will be present at the Shropshire Rural Business Advice Day on Thursday 27th October between 12noon and 8pm, providing advice on a wide range of topics including the following:

• Planning Permissions
• Renewables
• Grants
• Single Payment Scheme
• Stewardship Schemes
• Finance & Funding
• Property Sales & Lettings

See the link below for more information.

http://www.ruralhubswm.org.uk/shropshire_rural_hub_rural_business_advice_day

The event will focus on greater cooperation between the police and rural communities and as an incentive to attend farmers are being offered a discounted rate of £25 per person for a full day conference including lunch the opportunity to put your opinions on rural crime and policing to some of the country’s top law enforcement officers.

Rural Crime Conference Registration Form 2011 – Farming Discount

Single Payment Scheme (SPS)
The existing Single Payment Scheme will be abolished, and all existing entitlements will be replaced with a new allocation.  This multi layered payment is made up of the following:

• Basic Payment – the underlying income support aspect of the new regime.
• “Greening” – This is an additional payment of 30% of annual national ceiling which will be payable to farmers who deliver “agricultural practices beneficial for the climate and the environment.”
• Young Farmers Scheme – A simplified scheme which can take up to 10 per cent of the annual national ceiling.  A lump sum payment is made which replaces all direct payments.
• Areas of specific natural constraints – A voluntary area based annual payment which can be up to 5% of national limit.  Should not be used to replace support being delivered under a Rural Development.

Farmers will need to apply for a new allocation of entitlements in the first year of the scheme, currently 2014.

For more information, please contact Andrew Sellick.

There is going to be an announcement made in the next few weeks by the minister regarding the new RDPE small grants scheme.

The new scheme will only be available to farmers for specific items in relation to the following:

• Resource Efficiency
• Nutrient Management
• Animal Health and Welfare
• Water Management
• Forestry

Defra are asking farmers to register interest in the grants now even though the full details have not yet been released.  At this stage they will only need to supply contact details, which area of grant they are interested in and if they are in an upland area or not.

To be eligible for the funding the farmer will need to submit a management plan.

2. Shropshire Rural Challenge Fund

The latest application window has opened for the Shropshire Rural Challenge Fund.

This offers capital funding of between £7,500 and £40,000 for projects in rural areas (and some of the market towns) for projects that keep spend in the local community.  Projects can include those which can demonstrate long term sustainability, support or provide essential services, activities that directly encourage visitors to an area and community projects.

Expressions of interest can be submitted from 1^st October to the end of November.

For more information, contact Mandy Seedhouse on mandy.seedhouse@berrybros.com

Unsurprisingly, with a return of more than 10 per cent, thousands of farmers have taken advantage.  However if any other individuals or businesses are interested in taking this advantage, they need to act extremely quickly.  The early indications are that the government consultation will result in significant reduction in Feed in tariffs for photovoltaic investment which will significantly affect the returns achievable.

However, if structures are in place and commissioned by February 2012, the current rewards will be received.  In order to meet these deadlines, planning applications need to be submitted within the next 3 – 4 weeks and negotiations with the DNO commenced immediately.

It’s doable, but act quickly to take advantage!

Jon Stables

See Berrys Renewables page

One way to try to avoid any such fine, is to employ the service of a professional book keeping service.  This service can eliminate any worries on your part that you could be the unjust victim of a substantial financial burden.  Berrys can offer a full book keeping system which can not only allow for easier online VAT return, making the process less stressful and less open to mistakes, but also payroll services and secretarial support.

This option is available through a visit to our offices, or through site visits.  For more information please contact John Barclay on john.barclay@berrybros.com

This is arguably one of the most important planning documents in recent times, condensing all of the current national planning guidance and planning statements into one, much reduced volume and laying out some of the new key spatial objectives of the coalition Government.

Its release has generated a hugely varied reaction, from intense criticism and public campaigning by groups such as the National Trust, to a more positive stance from others in the development sector as well as landowners.

Many of the ‘issues’ associated with the DNPPF appear to arise as a result of mixed messages by the coalition Government.  Can the planning system offer everything for everybody?

On one had the Government wish to see new housing and employment development to help stimulate the house building sector and wider economy.  They are acutely aware that the very low housing completion figures are not meeting housing need and these supply side limitations have been blamed by some critics as keeping house prices high.

However, they are also bound by their commitment to “Localism” and giving people more choice about what development they want and where locally.

The reality has always been a little more complex than the headlines alluded to and it seems that Localism may allow pro-development communities to provide for more housing and employment than is provided for in the local plan at the Borough or District level, if they so wish.

What it will not do, however, as widely feared by the development when the concept was first discussed, is allow communities to prevent all development, which seems to have been a widespread misapprehension from the birth of Localism.  Empowering communities in the eyes of Localism definitely means empowering them to build, not prevent development.  In this sense the Framework is unashamedly pro-development and this does not always square with the view of Localism that communities have been sold.

Another slight misapprehension is the “presumption in favour of sustainable development”.  Some parties are citing this as a free-for-all in terms of development and have concern over the ambiguity of the definition of ‘sustainable’.

Once again, the reality is that this presumption is only in place where the local plan is “absent, silent, indeterminate or where relevant policies are out of date”.  As such, this means that if the plan is recent, clear and up-to-date, decisions will continue to be made in accordance with it and the presumption will not apply.

In any event, the usual planning considerations will also apply – it is doubtful that in reality this will herald the ‘free for all’ being discussed despite the more positive stance being advocated

The document is still notably in draft form and there will no doubt be some revisions along the way, so, for now, it really is a case of watch this space.”

Paul Johnson

Unwilling tenants provide the problem, the recession provided the excuse.  The trend of tenants being ‘temporarily’ unable to pay their rent has been an unhealthy one which has plagued the lettings industry recently.  While rent arrears obviously existed pre-recession, the economic downfall and subsequent job losses increased this problem tenfold.  In cases of genuine hardship, a solution is likely to be around the corner, and if landlords, tenants and agents maintain a steady flow of communication – a mutually beneficial agreement can be reached quickly.

However, major problems can arise when the willingness to communicate stops.  Tenants can quite easily avoid their landlord if they need to, and alone, many landlords struggle to know how to deal with this issue.  Regardless of a tenant’s willingness or ability to pay, mortgages often still have to be paid, leading to the credit history of the landlord being unfairly damaged.

One way to avoid the stress of personal rent collection can be to hand responsibility over to a management company.   At Berrys we are happy for our experienced accounts department to collect your rent for you.  We have measures in place to monitor and recover debts, and our arrears list is kept under constant surveillance to ensure that every measure is taken to recover outstanding funds.  Contact us today to discuss a package right for you.

Gary Conaghan

Agents Berrys are inviting offers for the Residential Development Site at Manor Farm which has a prime position in the peaceful village of Lee Brockhurst, 10 miles north of the county town of Shrewsbury.

“This is a rare opportunity to develop a complementary mix of four large new dwellings and five converted barns in a traditional village setting,” said Chris Jones, who is handling the sale for Berrys.

“The detailed planning consent has been granted as ‘enabling development’ to allow the current dairy farming enterprise to be relocated to a greenfield site to the north of the residential village,” he said.

Lee Brockhurst is situated off the A49 with easy access to Shrewsbury to the south, Whitchurch to the north and the wider road network with the M54 being easily accessible. The village, which is well maintained, has a traditional feel and a great sense of community.

There are a range of amenities within easy reach including primary and secondary education at Wem and Shrewsbury and a number of highly regarded private educational establishments including Shrewsbury School. Shrewsbury offers a host of shopping, leisure and employment opportunities. The renowned golf course at Hawkstone Park is situated approximately four miles north of Lee Brockhurst.

The site, which extends to approximately 1.35 acres in total, is still being used by the dairy farming enterprise operated by the vendor. The detailed planning consent granted by Shropshire Council is for the conversion of the existing farm buildings into five residential dwellings and erection of four new dwellings.

The traditional barns, which are largely redundant, are within the curtilage of Manor Farmhouse and are therefore Grade II Listed. The two storey buildings are constructed of brick under tiled roofs extending to approximately 10,505sq feet (977sq metres).

Manor Farmhouse, which is Grade II Listed, is not included within the sale, but may be available by separate negotiation, if required.

The new build element will include one five bedroomed house and three four bedroomed houses, while the barns will convert to four four bedroomed dwellings and one two bedroomed home. All residences will have gardens, garaging and parking.

“We are very excited about this development because of its excellent village setting and the quality of the proposed scheme, I am sure we will have a good level of interest from property developers,” said Chris.

Due to the ongoing farming operations, viewings are by appointment through the selling agents Berrys, telephone 01743 271697, email: shrewsbury@berrybros.com. Download the full particulars at www.berrybros.com

The fantastic facilities at Somerford Park were a great place to hold an international event which saw world class riders including Zara Phillips and Piggy French competing in the open intermediate class.

The show jumping and cross country course provided a great day out for spectators, with a variety of trade standards for visitors to browse over.

Events like these are a great opportunity for putting Cheshire at the top of the equestrian list.

Berrys offer a range of specialist services for the equestrian sector, including property sales, lettings and business management as well as planning and project management.

For further details contact Fran Buckley ( fran.buckley@berrybros.com ) or Sarah Reece ( sarah.reece@berrybros.com )

Research by Hampton International found that properties were sold almost twice as fast last year than in 2008. It was revealed that equestrian properties spent on average 119 days on the market in 2010, compared to an average of 225 days in 2008. This is illustrated by the graph (Hamptons International Research).

Further research found that when buyers are searching for an equestrian property the majority prefer to stay close to home, with 76% of buyers looking for a property within the region in which they currently reside.

It was found that the most popular demographic for the purchase of equestrian property was aged 35 and over, with 58% aged between 35 and 45, 32 % aged between 45 and 60 and 10 per cent aged over 60 per cent. A small number of buyers were aged between 25 and 35 (8%).
The most important priority when purchasing an equestrian property was found to be the acreage, followed by location. 11% said hacking facilities and only 8% stated that their highest priority was the condition of the yard. Overall the condition and size of the house was of least importance and the equestrian attributes were found to be more important.

The vast majority of buyers are purchasing equestrian property to satisfy a hobby, with only 6% of purchasers buying for professional purposes.

Horses graze for 18 hours a day and it is recommended that each horse has an area of at least one acre. This puts pressure on livery yards, farmers and horse owners to provide sufficient quality forage to their animals.

A common issue that affects horse owners is desertification (known as over grazing). It is an ever increasing problem within the equestrian world; the ground loses nutrients, the soil becomes less useable and the production of grass is limited.

Shod hooves are also a problem as they can cause damage to the soil structure, grass growth and drainage. Weeds are often the first to grow when bare soil appears and heavy poaching can result in the end of good grazing.

Effective land management is key to good grass quality, keeping weeds to a minimum to increase grass production, field rotations and dropping removal all aid in the maintenance of quality grazing.  It is advised that grass should be kept at a target height of 3-4 inches, which is a difficult task but is beneficial to the value of the land.