Showing posts with label local governments. Show all posts
Showing posts with label local governments. Show all posts

Tuesday, 17 December 2013

Government modulation - hot topic of debate

Until 2005, I thought modulation was a musical expression referring to a change in pitch or tone, but as is so often the case in the context of “EU diplomatic speak” this word popped up with quite another meaning when the CAP was last reformed in 2005. Its new meaning is basically a “tax” to be taken off one payment and added to another and in recent weeks this has become a hot topic of debate.

Under the forthcoming CAP reforms which are due to take effect in 2015, the government is proposing to modulate or effectively tax the payments due to be received by farmers by 15%. Farmers and farm leaders are not impressed and are urging government to reduce modulation to a much lower rate of 9%.

The reason for the argument is that the funds received from the EU to support farmers and the wider rural economy come under two funding streams or “pillars”; pillar one providing direct payments to farmers and pillar two providing wider rural economy payments.

Historically the UK has always had low pillar 2 funds compared to the rest of the EU, which at least in part stems back to the budget rebate negotiated by Margaret Thatcher in 1984. As a result when subsequent governments have wanted to increase funding for the wider rural economy they have effectively “taxed” or “modulated” the pillar 1 pot to supplement the pillar 2 pot.

Most recently one of the primary drivers for such modulation was to fund the environmental stewardship schemes which have been introduced widely throughout England and it is understood that around 70% of the farmland in England now falls within one scheme or another. However, in addition to the environmental schemes, pillar 2 funds have been used to fund a whole raft of measures in the wider rural economy varying from “knowledge transfer” schemes to helping fund small start up businesses.

My experience with the latter schemes in particular is that although they do have some merit, by the time it has taken the relevant authorities to develop the rules and implement the schemes, it often means it takes many years for the modulated funds to reach their ultimate destination. In these economically difficult times, such delays could be very damaging and therefore, although I would support the continued funding of the existing environmental schemes, I would suggest that increasing the money being fed in to pillar 2 funds at the expense of direct payments to farmers would be a bad idea.

To put it simply, paying funds direct to farmers and landowners will be a much quicker and more effective way of getting financial support out of the EU in to the our rural economy than would be the case if we invented a whole raft of new schemes with their associated rules and bureaucracy to reallocate the same funds, on occasions to exactly the same people, but often several years later than would otherwise have been the case.

It is appreciated conservation organisations in particular will disagree with this but it also has to be appreciated that like farmers they receive significant funds from the CAP in one form or another. It is understandable that they would like to see more funds directed to conservation but equally, many such organisations will have experienced the cash flow problems that occur when new schemes are introduced with the resultant delay in receipt of funds. Thus, in my view supporting a continuation of the existing environmental schemes as suggested by farm leaders rather than an expansion of pillar 2 funding as suggested by government is the most sensible approach in these uncertain economic conditions.


James Stephen MRICS FAAV
Partner
Rural Practice Chartered Surveyor, Wells

T: 01749 683381
E: james.stephen@carterjonas.co.uk

Monday, 18 November 2013

New permitted development rights

Hot on the heals of the new permitted development rights which came in to force earlier this year the Department of Communities and Local Government have consulted on further proposed changes to the permitted development rights which could have a significant impact in the rural sector.

Before considering the changes that have been introduced and also those on which the government are consulting it is probably worth going back to basics to explain what permitted development rights are. As most people will be aware if you want to build a house or new office for example one would normally require planning consent and in the countryside in particular, carrying out such developments has often been difficult.

However, there are certain types of development that do not require planning consent such as minor extensions to houses or certain changes of use and these types of development are carefully defined and set out in “General Permitted Development Order” (GPDO). The right to carry out certain types of development under the GPDO are called “Permitted Development Rights” and it is the recent changes to these rights which may be of interest to farmers and other property owners.

The key changes which have already come in to force on 30th May this year which may impact on farmers in particular include:

• The permitted change of use from agricultural use to a whole variety of commercial uses including offices, shops, financial and professional services, restaurants, business and storage.

These new rules are not applicable to recently built farm buildings (first brought into use after 3rd July 2012 or later), buildings which have not been solely in agricultural use, Listed Buildings or where the change of use exceeds 500 sqm. There are also a number of conditions which apply, perhaps the most important of which is that if the area involved exceeds 150sqm the farmer will need to gain “prior approval” from the Local Planning Authority before enacting the change of use and the LPA have the right to refuse the application.


• The permitted change of use from offices to dwelling houses.

Again there are a number of conditions which apply. For example the building must be in office use immediately before 30th May 2013 (or last used as an office) and must be brought in to use as a house before 30th May 2016. Such change of use is also not applicable to listed buildings. For all such changes, “prior approval” from the Local Planning Authority will be required which can lead to a refusal of the application.


However, in addition to these two significant new rules the government are consulting on a number of additional potential permitted development rights including the change of use of existing buildings used for agricultural purposes of up to 150 sqm to change to residential use with up to three additional dwellings potentially allowable on farms.

It remains to be seen whether such a fundamental change will be allowed but what does seem certain is that at a government level, even if this may be resisted at the Local Planning Authority level, there is an increasing willingness to contemplate some forms of development even in the countryside which will present opportunities for some farmers and landowners.


James Stephen MRICS FAAV
Partner
Rural Practice Chartered Surveyor, Wells

T: 01749 683381
E: james.stephen@carterjonas.co.uk