Welcome to the third edition of the Cheshire and Stafford regional newsletter. Our newsletter aims to keep you up to date with the regions news and hot topics along with those projects and initiatives we believe our clients and friends should know about. In this issue we look at HS2, Cheshire Green Employment Park and the success of Claremont Farm.

2015 was a busy year for each of our three regional offices across all of our six sectors and 2016 is set to be another interesting year with the implications of HS2, Brexit and continuing pressures within the agricultural industry emphasising the need for expert professional advice. 

We would like to wish everyone a happy and prosperous New Year and we hope you will find this newsletter a useful and enjoyable read.

As a trustee it is important to have a professionally prepared valuation of trust assets by a registered RICS valuer in advance of the 10 yearly anniversary charge. Under the finance Act 2006 the ‘relevant property regime’ was introduced, affecting most trusts. The changes introduced in March 2006 affect trusts in two ways: firstly a system for levying inheritance tax on trusts which require tax to be paid on the value of trust assets every 10 years and secondly, there is an exit charge payable when an asset leaves a trust. The rates of taxation are complicated to calculate and could have a maximum of a 6% charge on the value in question.

Assets transferred into a lifetime trust on or after 22 March 2006 are subject to the relevant property regime, as too are discretionary trusts created prior to 22 March 2006. So if you are a trustee you need to act now to plan ahead for charges which come into effect as early as March 2016. 

Fisher German have extensive knowledge in valuing rural and commercial property and have a dedicated valuation team to ensure you have valuation report to present to HMRC on inspection.

For further advice please contact edward.clark@fishergerman.co.uk or william.lewis@fishergerman.co.uk

Government has now confirmed that HS2 from Birmingham to Crewe will be built by 2027. Forming part of the Chancellor’s Northern Powerhouse plan for greater connectivity between our more northerly cities and the south, this is six years earlier than planned - it is anticipated that it will be operational just a year after Phase One is open to traffic.

The route between Fradley and Crewe (Phase 2a) was confirmed at the end of November by Patrick McLoughlin together with safeguarding directions for this portion of the route. The proposed route of Phase 2a remains largely as consulted upon previously in the 2013-14 consultation for Phase 2 but Patrick McLoughlin informs there are a “small number of refinements following responses to consultation, lessons learned from Phase One and updated design standards”.  Powers to build Phase 2a “will be sought through a separate hybrid Bill" which he intends “to deposit before Parliament in 2017”.

Subject to eligibility, those with properties within the safeguarded area are now able to serve a blight notice under the statutory provisions asking the Government to purchase their property. The Government’s Express Purchase Scheme, which was launched for Phase One has also been rolled out for Phase 2a as an interim measure whilst the Government consults on this and other discretionary compensation provisions for this portion of the route. The Express Purchase Scheme relaxes the statutory blight requirement that an attempt has been made to sell an affected property. It is open to those with the dwelling or a certain minimum percentage of the property within the safeguarded area.

For those who find themselves outside of the Phase 2a safeguarded area and who desperately need to move, there is currently only the Government’s discretionary Exceptional Hardship Scheme available. This applies to Agricultural Units but only where the dwelling is included.

A decision with regard to progression of the remainder of Phase 2 is expected in the autumn of 2016.

Expert advice

Liz Farrall says “We are acting for a large number of landowners and homeowners affected by HS2 Phase One and have achieved excellent results for our clients”. We have also made representations on behalf of clients affected by HS2 Phase One to the HS2 Select Committee. Fisher German LLP is nationally recognised as one of the leading firms of property consultants and chartered surveyors in the UK.  Liz continues “We have the resources available to ensure our clients’ claims are given the fullest attention possible. We can also offer in-house planning advice and have our own Farms Department offering specialist agricultural advice”.

Clients on both Phases One and Two have received Early Access Agreements from HS2 Limited.  At present there is nothing in statute which allows HS2 Limited and/or their representatives to enter upon land for any reason including survey purposes.  Whilst this is the case presently, statute will shortly be put into place to allow for such. Meantime, HS2 Limited wish to carry out surveys along the route of the proposed railway line, and are approaching landowners and homeowners to undertake surveys for ecological purposes.

Liz concludes “Fisher German have successfully re-negotiated the Early Access Agreement put forward by HS2 Limited in a number of cases. The resultant agreement is now clearer and more beneficial for our clients.  Reasonable costs in respect of these matters are met by HS2.”

If you are affected by HS2 and need assistance then please call

Liz Farrall at our Stafford office on 01785 275392 or email here

Hugh Maxfield at our Knutsford office on 01565 757971 or email here

Matthew Burton, Land Manager at Fisher German’s Knutsford office, has been looking at some of key trends and opportunities in agricultural land use and why landowners and farmers need to carefully assess their options.

Pressure on agricultural land

Many Local Authorities are finding it difficult to prove they have a 5 year housing supply and as a result developers are approaching landowners and farmers to look to tie up option and promotion agreements. In addition, solar power companies are looking for land near to national grid connections to develop small and medium size solar parks. This pressure to relinquish agricultural land for development means that farmers and landowners need to carefully assess the agricultural quality of the land to ensure that good quality, high grade agricultural land is not lost to development.

The National Planning Policy Framework expects local planning authorities to take into account the economic and other benefits of the best and most versatile agricultural land. Where large-scale development of agricultural land is proposed, the local planning authorities should look to use areas of poorer quality land before considering higher quality agricultural land.

Assessing land quality

Land quality varies from place to place in terms of structure, density, drainage and composition. The Agricultural Land Classification (ALC) provides a means to assess the quality of farmland and ensure that informed choices are made about its future use within the planning system.The ALC system classifies land into five grades, with Grade 3 subdivided into Subgrades 3a and 3b. The ‘best and most versatile land’ is defined as Grades 1, 2 and 3a by planning policy guidance. This is the most flexible, productive and efficient land in response to inputs.

With a finite supply of land and ever growing demand for food production the emphasis for development will become increasingly focused on land with limited agricultural potential. I would advise landowners to consider seeking professional advice regarding the agricultural quality of their land, if development is a potential option in the future.

The agricultural quality of land and its ALC grade should be considered when speaking to developers. It is an important factor to consider before submitting a planning application to the local authority for development. Fisher German LLP has been carrying out a numerous agricultural land classification surveys nationwide, in respect of potential development projects on agricultural land.

Detailed reports

Fisher German can provide detailed reports on the quality of agricultural land which form part of the overall planning application. Reports comment on each relevant factor which characterise the ALC grade of any given site, giving the landowner an indication of the future potential for their land in light of current planning policy.

For further information contact:

Matthew Burton at the Knutsford office on 01565 757970 or email here

Robert Browne at the Stafford office on 01785 220044 or email here

Our 2016 Show Calendar is already starting to fill up as we look to increase our regional presence at shows and events. It's always great to catch up with clients and socialise at these great regional events but there is a more practical point to our team's presence at these shows.

Our regional experts - across all of our six sectors - will be on hand to provide expert, friendly advice in an informal environment. So if you have any questions any the issues of the day make sure you call in and see the team. 

Our regional experts team will be at The Cheshire Show, Stafford Show, Nantwich Show and the Cheshire Regional Ploughing Match - we look forward to seeing you, so save the dates and let's hope the sun shines!

Cheshire Show 21 & 22 June

Stafford Show 1 & 2 June

Nantwich Show 27 July

Cheshire Ploughing Match 28 September

Alongside our presence at Regional Shows, we will continue to hold other informal events to give you a chance to catch up with your local teams and exchange news and views with fellow clients and professional. We'll make sure you are aware of all our events in your local area and we look forward to seeing you soon.

Claremont Farm Shop – a purpose-built shop, café and cookery school that is helping one farming family on the Wirral to grow a thriving and future-proof business.  

The new Claremont Farm Shop was the brainchild of Andrew Pimbley, who set about transforming the fortunes of the family holding at Claremont, near Bebington, Wirral, on his return from Venezuela in 2003. Claremont has, for many years, been one of the principal holdings on the Poulton Hall Estate, managed by Fisher German since 1998.

There had been a small retail outlet at Claremont for some years, based in one of the traditional buildings but Andrew identified the need to expand and create a new larger, stand-alone structure, which would significantly enhance the fledgling Claremont ‘brand’. Previously, with the help of his father and brother, they started the Wirral Food and Drink Festival in 2004 and rebranded and widened the scope of the event in 2014, with the introduction of the Wirral Food Feast, combining a celebration of local produce with Farm’s ingredients for brighter future Claremont Farm Shop – a purpose-built shop, café and cookery school that is helping one farming family on the Wirral to grow a thriving and future-proof business T live music.

Farm Shop and café

In 2013, assisted by Fisher German, plans were drawn up for a new, purpose-built farm shop, kitchen and café.

Planning consent was obtained and financial help secured in the form of a LEADER grant from the Rural Development Programme for England. The building project, in part funded by the landlord at the request of the Pimbley family, was then supervised by Fisher German’s Chester office building surveying department.

The building was completed in spring 2014 and has been trading strongly ever since. It combines a large farm shop extending to about 2,000 sq ft, which sells Claremont’s extensive range of soft fruit, asparagus and other local produce, as well as the popular café and kitchen/cookery school. 

The school offers a wide range of courses from local chefs, cooks, producers, bakers, chocolatiers and even beekeepers! Location of the farm is key and looking ahead, vehicle access and parking have been designed to allow the development of a ‘drive through’ web-based order and collection facility which will be set to take the Claremont brand to the next level and by doing so significantly raise the profile of the estate. 

Claremont was recently shortlisted as a finalist in the 2015 Rural Business Awards, in the ‘Most Outstanding Rural Diversification Project’ category. 

For further information visit www.claremontfarm.co.uk 

Please contact any of the team below for assistance in all rural aspects.

Julian Mellis

Julian joined as an Equity Partner when Denton Clark merged with Fisher German in 2012 having previously worked in the North West since 1991.  Julian is principally engaged in Land Management acting for a variety of private and institutional clients, charities and family trusts across Cheshire, N. Wales and Merseyside.  Other areas of expertise include advice on Estate strategy, planning and development work including land promotion, option and equalisation agreements.  He is past president of the Cheshire Agricultural Valuers Association.

julian.mellis@fishergerman.co.uk

Edward Clark

Edward joined Fisher German as an Equity Partner in 2012 following the merger with his family business of Denton Clark. Having originally qualified with a large national firm, Edward returned to his home county of Cheshire in 1990 and has clients throughout the North west and North Wales. His wide ranging experience includes rural estate management, valuations, planning and development, sales of both residential and agricultural property and he is a well-known auctioneer. He is a fellow of the Agricultural Valuers Association and has been President of the Cheshire Valuers on two occasions. He is also a valuer for the Agricultural Mortgage Corporation.

edward.clark@fishergerman.co.uk 

Richard Baker

Richard is a Fixed Share Partner and joined Fisher German in 2004 at the Knutsford Office. On the merger with Denton Clark in 2012, Richard moved back to his roots in Chester. His main area of work is Estate Management acting for a number of key landowning clients in Cheshire and Merseyside. In addition, he is involved with Compulsory Purchase and Compensation matters that arise.

He is a past President of Cheshire Agricultural Valuers Association and is currently an Examiner to the Wales and West Midland Panel of the Central Association of Agricultural Valuers.

richard.baker@fishergerman.co.uk

Hugh Maxfield 

Hugh joined Fisher German in 2008 and is a Fixed Share Partner. After an undergraduate degree in Classics at Durham University, Hugh completed the College of Estate Management distance learning diploma in Surveying. He qualified as a Chartered Surveyor in 2003 and an Agricultural Valuer in 2007.  He carries out a variety of rural professional work, including valuation, compulsory purchase and compensation, HS2 advice, landlord and tenant, development land promotion, rural and agricultural sales. He is part of the Fisher German team advising Horizon Nuclear Power on property matters relating to the new power station on Anglesey. 

hugh.maxfield@fishergerman.co.uk

Simon Geary 

Simon is an Associate and he joined Fisher German in 2005 as a Graduate Surveyor before completing his APC in 2007. Simon’s experience lies predominantly in the areas of commercial property services, leasehold property management and estate management. His role includes providing advice on the acquisition, sale and letting of commercial properties, strategic property advice, service charge management, valuations, lease renewals, rent reviews and ongoing asset management. In addition, Simon undertakes work on behalf of utility companies liaising with Land owners, negotiating access and compensation. 

simon.geary@fishergerman.co.uk

Matthew Burton 

Matthew moved to the Knutsford office in May 2104 having spent 6 years in the Chester office having graduated from Harper Adams in 2008. Matthew is a member RICS and central associated of agricultural valuers. Since moving to Knutsford Matthews role is mostly focused on Estate Management of four diversified rural Estates between Macclesfield and Knutsford. The work involves a wide range of general practice work including landlord and tenant matters, rent reviews, lease renewals, compensation claims and agricultural land classification reports. 

matthew.burton@fishergerman.co.uk

Rob Browne 

Rob trained in our Newark Office, having graduated from Harper Adams University in 2011 and is an Associate. Since moving to Stafford, Rob’s role mainly involves the management of three rural estates and a wide range of general practice work, including landlord and tenant, rural planning, agricultural land classification reports, valuation and compensation claims.

rob.browne@fishergerman.co.uk

Laura Airton 

Laura has managed land across Lancashire and Northumberland, and joined the Stafford Rural Team as a Chartered Surveyor in 2015. She carries out estate management work for a variety of Clients providing both long term support and assistance with one-off tasks. Having read for a degree in Rural Enterprise and Land Management, Laura qualified with the Royal Institution of Chartered Surveyors in 2014, and is now training to become a Fellow of the Central Association of Agricultural Valuers. 

laura.airton@fishergerman.co.uk