Applicants would need to demonstrate that as a result of the grant, their business will take a significant step forward in its performance, such as job creation, increased turnover, access to new markets etc.

Subject to satisfying certain criteria, grants are available from £25,000 upwards with no maximum grant specified although it is anticipated to be in the region of £1million. This grant scheme compliments the Farming and Forestry Improvements Scheme which provides small grant support (£2,500 – £25,000) to farming, horticulture and forestry businesses.

Applications for Rural Economy Grants from within the uplands (or rural growth network areas- which are yet to be identified) are to be prioritised for selection although the application process is competitive and those projects offering the greatest return on grant investment will be more likely to be successful.

Outline Applications are to be submitted by 30^th April 2012 and these will then be assessed to see whether or not the project may be invited to proceed to a Full Application.

To discuss your project further, please contact your nearest GSC Grays office.

Richmond – Guy Goggrave -01748 829 210

Leyburn – Phil Scott-Priestley – 01969 600 120

Barnard Castle – Lucinda Clifford – 01833 637 000

Stokesley – Guy Goggrave – 01642 710 742

 www.gscgrays.co.uk

All entitlements under the current Single Farm Payment scheme will cease in 2014.  A fresh allocation of entitlements will then be established on the land at the claimants disposal in the first year of the new scheme.

In order to activate new entitlements a claimant will need to have successfully “activated at least one payment under the Single Payment Scheme” in 2011 as well as being an “active farmer” and have land “at his disposal”.

We can already see the consequences of such a draft as clients contact us to ask:

• The business that claimed in 2011 has now been split and a new business(es) formed.  How will they activate new entitlements in 2014?
• Land was rented out in 2011. How will the new occupier activate new entitlements in 2014.
• Land being sold between now and 2014, especially land that is sold in lots.
• New farmers, how will they be able to activate entitlements in 2012.

From the draft proposals, it is anticipated that we will see the following introduced:

• A National Reserve.  As proposed this is very much aimed at young farmers (under 40).
• A procedure to allow those farmers with 2011 status to transfer that status to a new landowner or tenant.  Such a transfer must accompany a new sale or lease by the farmer transferring his status and his 2011 status.  It must be noted that as drafted, the 2011 status cannot be split!
• On the flip side a farmer with 2011 status should be free to take on more land in 2014 when claims for allocation are being made and therefore be able to secure more entitlements.
• We therefore may see a market develop to enable such farmers to claim entitlements on land owned / tenanted by non qualifying persons and then pass them back.

As with the whole draft CAP reform caution must prevail before any business decision are made that may effect the allocation of entitlements in 2014.

Please remember the above is based on draft proposals which are still subject to lengthy negotiations, therefore the form and detail could change.

To discuss the Single Farm Payment Scheme or CAP reform in more detail, please contact Lucinda Clifford at the GSC Grays Barnard Castle office – 01833 637000 ljc@gscgrays.co.uk

Offering a comprehensive and bespoke service to those looking to buy, sell, rent or develop rural properties in the Richmondshire area, the new rural agency office is complimented by the other businesses within the Station and the Station Art Gallery with which it shares the mezzanine level.

Guy Coggrave, Managing Director of GSC Grays, will be heading up the new Richmond office.  Guy explained that “ We are delighted to be opening an agency office in such a stylish environment in this historic and enduringly popular market town.  The Richmond agency office offers both new and existing clients a bespoke and high quality service, with professional advice delivered in a personalised way that is specific to their individual property circumstances, we proudly maintain the personal contact that our clients have come to expect, whether it be for the sale of a farm or country property in rural Swaledale, or the letting of a cottage or townhouse in Richmond itself.”

“We are able to offer a range of professional services including property sales & lettings, valuations & surveys, advising on planning and development matters, rural consultancy, estate management, sporting and renewables.”

Guy will be supported by Lucy Guy, who was previously based at the Barnard Castle office and has extensive experience in dealing with both sales and lettings.  Lucy advised “This is a great way for the company to link its existing Agency offices to provide a comprehensive coverage across the region.  We have a number of excellent properties in the pipeline and with the other offices selling well in a difficult market, I expect Richmond office to be looked at by all vendors in the area.”

The opening of the Richmond estate agency office further expands the regional coverage of the company, with agency offices in Barnard Castle, Leyburn and Stokesley and further professional offices at Hamsterley and at the Earl of Durham’s estate office at Lambton Park, near Chester-le-Street.

To speak to an agent who thinks differently and to find out more about how GSC Grays can advise you on your property requirements,  please contact Guy Coggrave at the Richmond Station office on tel: 01748 829217.  www.gscgrays.co.uk

The Agricultural Holdings Units of Production Order 2011 (which runs from 7^th November 2011 to 6^th November 2012) sets out the amount which is to be regarded as the net annual income when assessing the productive capacity of agricultural land.

In order for an applicant to gain succession of the aforementioned tenancy, the applicant must meet certain criteria in order to demonstrate that they are suitable and eligible to take on the holding and they must not be the occupier of another “commercial unit”.

Another “commercial unit” is defined as “land which, when farmed under competent management, is capable of producing a net annual income which is not less than the aggregate of the average annual earnings of two full time male agricultural workers aged 20 or over” (paragraph 3 of schedule 6 of the 1986 Act).

The annual Order is not subject to consultation and includes values for income from the Single Farm Payment Scheme.

Whilst costs relating to agricultural production seem to be ever increasing and this notional income can amount to a significant sum of money, improvements in prices over recent years do indicate that another “commercial unit” may be a more realistic consideration than it has perhaps been in the past.

For further details contact your nearest GSC Grays office:

Barnard Castle – Lucinda Clifford – 01833 637 000

Leyburn – Phil Scott-Priestley – 01969 600 120

Richmond – Guy Goggrave – 01748 829 210

Stokesley – Guy Coggrave – 01642 710 742

First time buyers must act quickly, with less than six weeks remaining, to avoid paying Stamp Duty Land Tax on their first home purchase.  After the tax exemption has come to an end First Time Buyers will face a tax of 1% on house purchases between £125,000 and £250,000 and a 3% tax on house purchases over £250,000.

Figures released by the National Association of Estate Agents show that the number of sales to First Time Buyers increased slightly in November and December from 19% to 21% of sales per NAEA registered branch.  First Time Buyers represent a low percentage of overall house sales, yet are key to a healthy property market.

For any property enquiries, please call our agency teams:

Barnard Castle Office – Tim Leonard tel: 01833 637000

Leyburn Office – David Cooper tel: 01969 600120

Richmond Office – Guy Coggrave tel: 01748 829217

Stokesley Office – Chris Arundel tel: 01642 710742

If you are required to complete an SPR 2010 for the first time in 2012 or a later year:

When completing, updating and implementing your SPR 2010:

Post-harvest management of land

If your land has carried a crop of oil-seeds, grain legumes or cereals (other than maize) which has been harvested by either combine harvester or mower, then:

You will not be in breach of the post-harvest management of land requirement if you have prepared the land as a seedbed but are unable to sow the crop within 10 days because the land is too waterlogged to access or because severe weather conditions make this impractical. In either case, the land must be sown as soon as practicable.

Waterlogged land

The rules A to F do not apply:

for any agricultural land which is common land unless you own or occupy the land and rights of common are not exercised by anyone else; or

if your holding, excluding land subject to rights of common (unless you are the sole occupier of that common land), is less than 1 hectare. However, if you acquire additional land which means your holding becomes greater than 1 hectare, you must complete an SPR 2010 by 31 December of that year.

For more information please contact Lucinda Clifford at the Barnard Castle office on tel: 01833 637000

For further details please contact Guy Coggrave tel: 01748 829217.

The statistics do not make encouraging reading with approximately 119,589 divorces recorded in 2010 an  increase of approximately 4.9% on 2009 albeit down on the 121,708 divorces recorded in 2008 and the high of 165,018 recorded in 1993.

Unfortunately divorce can result in farms/estates which have been in the same family’s ownership for generations being sold or crippled with debt which compromises the future viability of the farm/estate to operate in the future.

Court Orders are generally very inflexible and usually  stipulate rigid timetables which all too often do not reflect the farming season/harvest year or issues such as Single Farm Payment claim dates!

Divorce proceedings can often be acrimonious; however there is an alternative approach. Collaborative Law which is a relatively new method of dispute resolution for dealing with family disputes entails each party appointing their own lawyer and conducting meetings face to face with the intention of resolving matters without going to Court.

Collaborative Law in England has been available since 2005 and aims to provide a fair and amicable settlement between the parties through a series of meetings with their lawyers and professionals such as accountants,  valuers and financial advisers. The principles of Collaborative Law are that the parties retain control of the process and participate at every stage with support from their own legal advisers.

Collaborative meetings are often referred to as “four way meetings or joint sessions”, being a meeting between the two parties and their respective lawyers. Under the  process, an agreement will be signed between the parties confirming their intention to work out a settlement without going to Court.

The parties will discuss their objectives and the disclosure of information, including finances.  Subsequent meetings will address particular priorities and concerns of the parties with a view to reaching an agreement on the apportionment of finances and    arrangements for children. The Collaborative Law    process offers a number of benefits including flexibility over timescales and is not subject to the rigid timetables of Court proceedings.

One of the fundamental points of Collaborative Law, is that neither party’s solicitor can represent their client in Court, should the procedure fail. In such circumstances, both parties need to instruct different solicitors, and as such, this provides a further incentive for the collaboration process to succeed but can potentially result in escalating professional costs.

In collaborative cases the participation agreement is the key document and stipulates the rules for the process, which include:-

1. The lawyers will not litigate the case. In the event that a settlement is not reached and litigation is the only recourse the original lawyers must withdraw and new lawyers are appointed.

2. Neither party will take advantage of mistakes made by the other side.

3. The parties will disclose all pertinent information and will not conceal any material facts.

4. The settlement meetings will remain confidential.

5. All experts will be neutral and appointed jointly by both parties.

6. Everyone will behave in a courteous manner and in good faith.

Collaborative Law offers a non-confrontational alternative to litigation and is considered to be a more expedient and less expensive process with the parties encouraged to agree areas of common ground as the basis of forming a settlement.

Specialist Valuation Surveyors in GSC Grays regularly   undertake Expert Witness Valuations for a wide spectrum of residential, agricultural and commercial properties for matrimonial proceedings in accordance with the RICS Practice Statement and Guidance Notes ‘Surveyors Acting as Expert Witnesses’. Whilst, a large proportion of cases are resolved on an amicable basis a number are determined by formal Court proceedings.

Divorce will sadly continue to be a factor of modern life and whilst Collaborative Law is anticipated to become an increasingly popular method of dispute resolution it is not the panacea. Court proceedings will continue to be the route taken in contentious and acrimonious cases as exemplified by a number of recent high profile divorce cases with settlements increasingly determined on the  basis of a percentage share of the assets rather than a final figure.

As a company GSC Grays has a number of valuers with extensive experience of expert witness work and can  offer a holistic approach with specialist valuers in the Residential, Agricultural and Commercial property sectors, acting with complete professionalism and integrity at an emotional and sensitive time for the parties concerned.

For more information on the services available from GSC Grays please call: 01748 829210.

www.gscgrays.co.uk

Effective from 1^st  January 2012

As well as existing SMRs and standards of GAEC, this new requirement comes into effect under cross compliance from 1 January 2012.

The aim of these rules is to protect water against pollution and run-off from agricultural sources. They apply to you if you apply manufactured nitrogen fertiliser and organic manure (1).

A. You must not

1. apply manufactured nitrogen (inorganic) fertiliser within 2 metres of surface water (2);
2. apply organic manure within 10 metres of surface water, except on land managed for breeding wader birds or as species rich semi-natural grassland and under certain other restrictions;
3. apply organic manure within 50 metres of a spring, well or borehole.

If you apply organic manure

B. You must

1. Produce and keep a map (3) of your holding showing:

• all surface waters on your holding and land within 10 metres of them;
• all springs, wells and boreholes on your holding, and within 50 metres of the boundary of your holding, and land within 50 metres of them;

2. Update the map with any changes within 3 months from the date of the change.

If you have land in a Nitrate Vulnerable Zone and you are meeting the requirements under SMR 4 Nitrate Vulnerable Zones (NVZs) you will also meet the rules under this standard in respect of that land.

Lucinda Clifford, GSC Grays Barnard Castle Office Tel: 01833 637000

The first round of funding under the FFIS is currently open, the closing date for applications is 17^th January 2012.

The Rural Development Programme for England (RDPE) has set up the FFIS to provide financial support to help farmers, foresters, farming  contractors, woodland owners and horticultural businesses in England for:

-         Nutrient Management

-         Energy Efficiency

-         Water Resource Management

-         Animal Health and Welfare

-         Forestry

FFIS cannot be used to fund:

-         Direct replacement

-         Standard agricultural equipment

-         A legislative requirement, or

-         An industry obligation

The selection process for FFIS is competitive with the minimum grant rate for a single application being £2,500 and the maximum being £25,000.

For applicants in non-upland areas the maximum grant available is 40% and for those in upland areas the maximum grant rate available is 50%.

For more information in respect of FFIS please contact Lucinda Clifford at the GSC Grays Barnard Castle office on 01833 637000.