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Found 2 results

  1. CAP post 2013: greening, Ecological Focus Areas and permanent grasslands Despite most EU farm ministers wanting to design national ‘greening’ proposals to suit the needs of their own countries, Dacian Ciolas, the EU Farm Chief, warned against such a ‘menu approach’, saying that it would be complex to administer! Heaven forbid that the policy works better but is a bit more complicated for Brussels! Also, the EC is likely to be wary of giving too much power back to Member States! More sensibly, he suggested that work done under agri-environment schemes and other Rural Development measures or an environmental certification scheme would count towards greening measures. Finally the message seems to have sunk in that people who already do ‘greening’ work should not be penalised! The plan is to agree the greening proposals in June. A large number of Member States remain vocally opposed to the 7% of farmers’ eligible hectares, excluding areas under permanent grassland, as Ecological Focus Areas as being too high. The proposed change to the definition of ‘permanent grasslands’ to include traditional extensive grazing areas with heather and shrubs has been welcolmed by the UK. With thanks to SG Landscope.
  2. Morrison-Low v Paterson, Scottish Land Court, 2010. The main case. This case has created lots of news, particularly due to the decision that the income derived by a tenant from Single Farm Payment is not an item from which the Landlord may derive rent. The Court allowed a modest rental element to reflect the opportunity offered by the land to claim the single payment, relying on the relatively low payment figures for naked (unused) acres readily available in the Scottish market. Other headlines were: The Court allowed limited duration tenancies and short limited duration tenancies to be used as comparable evidence for a 1991 Act tenancy The court applied the same approach to marriage value as Childers v Anker i.e., that it should be excluded when considering comparables but included in respect of the subject holding The general consensus on its applicability to English and Welsh rent reviews appears to be that it should not affect them but this needs to be tested in an arbitration or through the courts. In England, single payment income is usually not considered part of the earning capacity but is a relevant factor, so was added in below the bottom line. This does not seem to have been upset by this case. With thanks to SG Landscope.
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