Fisher German Rural Newsletter May 2019

Fisher German Rural Newsletter May 2019




Compulsory Purchase HS2

Early professional advice is crucial where powers of compulsion may be exercised, especially in cases where land is to be acquired for a development in the public interest.
 

We have advised landowners on a variety of projects across the UK including road schemes, flood mitigation arrangements and utility projects. At present, we are particularly involved in the proposed HS2 railway.

Each case is individual, requiring bespoke advice according to the client’s own priorities; sometimes, a change in circumstances may lead to a change in strategy, requiring careful consideration.

This was the case for one individual owning an equipped 100-acre arable and grassland farm, affected by Phase 2B. We arranged a meeting with HS2 and our client to discuss the scheme and voice our concerns, as proposals sever the farm into two equal parts. We also engaged in a Farm Impact Assessment and put in place a Licence for ecology survey work. 

Initially, the client’s objectives were threefold:

  • to retain as much of the property as possible.
  • mitigate the impact of the scheme on the farming business.
  • to maximise any compensation.

Fisher German devised a strategy which maximised the compensation payable for Severance and Injurious Affection. Phase 2B is not expected to receive Royal Assent until 2023 and therefore this was a long-term plan.

However, the landowner has sadly passed away, and as a result, priorities have changed.  The property is not considered practically farmable once divided, and therefore the decision has been made to dispose of it to HS2, if possible.

The Statutory Blight & Express Purchase Scheme was discussed, and strategy put in place to ensure the new owners fulfil the tests of eligibility, enabling a Blight Notice to be served, and initiating purchase by the statutory authority.

These include:

  • owning a property partly or wholly in the Safeguarded Area
  • holding a qualifying interest in that property
  • occupying the property for sufficient timeframes
  • reasonable endeavours have been made to sell the property, except for in specific scenarios

Once the Blight Notice has been accepted by HS2, Market Value of the property will be assessed and a disposal negotiated.

If you are affected by HS2 or other compulsory scheme, we have a national team of compulsory purchase specialists who can offer professional advice. We will advise on all Statutory Compensation payments available, and if appropriate our dedicated Farm Agency team can assist in sourcing an alternative holding at the appropriate time.

For further information email Matthias Charlton here

View our compulsory purchase brochure here

 



Rural Business Awards

 

Entries are open for the Rural Business Awards, honouring the best in British countryside-based enterprise.

With the 11 categories below, the Rural Business Awards are a celebration of the achievements of all that rural businesses have to offer. Fisher German is again proud to be National Sponsor of the award for the Best Rural Diversification Project.

The aim of the awards has not changed over the years and aims to give recognition to businesses operating right across the Rural sector, to acknowledge the breadth and depth of opportunity presented by the Great British countryside, as well as to celebrate the achievements of our rural businesses, from engineering through to artisan food producers and professional services organisations.

The winners are decided by an independent panel of judges drawn from the rural business sector, official agencies and rural charitable organisations. 

Entries for 2019/20

Entry for the 2019/2020 awards is now open and free of charge. The closing date for entries is 7 June 2019.

To enter, choose your category from the list below and visit https://www.ruralbusinessawards.co.uk/enter/ to register.

  1. Best Rural Start-up Business
  2. Best Rural Diversification Project
  3. Best Rural Retail Business
  4. Best Rural Professional Services Business
  5. Best Rural Creative, Artisan or Craft Business 
  6. Best Rural Digital, Communications or Media Business
  7. Best Rural Social Enterprise, Charity or Community Project
  8. Best Rural Tourism Business
  9. Best Rural Recreational or Outdoor Pursuits Business
  10. Best Rural Food or Drink Business
  11. Rural Young Person of the Year

The aim of the awards has not changed over the years and aims to give recognition to businesses operating right across the Rural sector, to acknowledge the breadth and depth of opportunity presented by the Great British countryside, as well as to celebrate the achievements of our rural businesses, from engineering through to artisan food producers and professional services organisations.

The winners are decided by an independent panel of judges drawn from the rural business sector, official agencies and rural charitable organisations. 

For further information contact Alison Darwent here



Glenmuick Salmon Conservation

A Scottish country estate’s innovative efforts to help boost the population of wild salmon
 
The Glenmuick Estate recently appeared on BBC’s Countryfile to show the work it is doing to help ‘The Missing Salmon Project’ – an Atlantic Salmon Trust initiative which is trying to reverse the decline of wild salmon in Scotland.
 

The salmon in the River Dee and the River Muick, which both flow through the Estate, are being given a helping hand by the Estate’s deer farm.

Deer legs, a by-product from the farm, are being used by the Dee District Salmon Fishery Board to return nutrients to the rivers.

Juvenile salmon are then able to feed on the nutrients, increasing their chances of survival and boosting the salmon population in the long term.

Ian McKenzie, who is responsible for managing the Glenmuick Estate, helped get the project off the ground after the Deeside Fisheries Board got in touch with the Estate to see if they could help.

He said: “We were contacted by the Deeside Fisheries Board who asked if we could supply them with deer legs from Glenmuick deer farm to help with salmon conservation.

“I approached Glenmuick’s owner to see what he thought, and he was only too happy to help. Deer legs are a waste product that butchers don’t want, so it made perfect sense to give them to the Deeside Fisheries Board to make use of them. We’re always looking for ways to help the environment, so getting involved with a project aimed at reversing the decline in Scotland’s wild salmon seemed like a worthwhile thing to do.”

For further information email Ian MacKenzie here



Grant Aid for Village Halls

Village halls play a fundamental role in underpinning local community life, enabling activities to prevent loneliness among people living in rural areas and to create stronger communities.

The Autumn 2018 budget announced that, to mark the centenary of the Armistice, government would support several initiatives, including making available grant funding to support improvement projects for village halls.

The aim of this grant funding is the updating and refurbishment of village halls so that they are fit for purpose and provide activities which improve health and wellbeing and support the local rural economy.

£3 million has been made available to ACRE, who are administering the scheme to fund up to 20% of eligible costs, with a minimum grant of £10,000 and a maximum grant of £75,000 payable.

There is a two-stage application process: an online application form and costings, followed by submission of a full application at any time before 31 March 2020 or until it is announced that the Fund is fully committed.

Fisher German have a wealth of experience, applying for grant funding on behalf of clients. For further details about the scheme and to see whether your village hall would qualify for assistance visit www.acre.org.uk

For further information email Louise Duffin here