PROPERTY & BUSINESS

2013 Foreword Contents

PROPERTY - RURAL 03 - 12 The Ground Beneath Your Feet 2012 was a heck of a year. 4G Mobile Network Will 2013 be unlucky for some? The Threat to the Ash Woodland Coarse Fishing 2012, a year bedecked by a Diamond Farm Rent Reviews Compensation Jubilee that celebrated the majesty of Machinery Auctions Her Majesty’s reign and an Olympic Valuation Expertise Assists Settlement Games that showed the old country The Farmland Market can still do it, in a world of intense Langold Farm - The End of an Era global competition. PROPERTY - RESIDENTIAL 13 - 14 Olympic Inspiration These historic events masked the Stamp Duty underlying challenges facing the country PROPERTY - COMMERCIAL 15 - 17 and Europe, but they definitely gave the Investing In Commercial Property Viability of Affordable Housing economy a boost which the Coalition Drawing the Line Government hope will endure. The jury Having the Energy to Sell is out on that one and is likely to be PROPERTY - LETTINGS 19 - 20 out for some time. We are not about What Lies Behind The Gatehouse Door? to climb out of the challenging To the Manor Born economic circumstances. Residential Lettings - A Tailored Service PROPERTY - AUCTION 21 - 22 How does that effect Property, Business, Top Ten Auction Properties Planning and Energy which JHWalter Going, Going... Gone! We Are Moving! advises on year after year? It means the BUSINESS 23 - 24 challenges will remain and decisions will SFP Issues need to be taken in the light of practical Farm Based Green Enterprise and considered professional advice. Growth Accelerator Programme Advice that provides value for money, The Dip Society delivered in a traditional way that Cap Reform - Uncertainty Rules respects the values of the past as well as Miscanthus Expanding understanding the demands of here PLANNING 25 - 27 and now. SHLAA National Planning Policy Framework Residential Development In answer to the question, in every year Planning For Local Need there are winners and losers. How you Flood and Water Management Act 2010 respond to a short term defeat can be Anaerobic Digestion the difference between winning and ENERGY 28 - 33 losing in the long run and we plan to be Farm Based AD - Why So Attractive? here for the long run. Pre-Accreditation Farm Energy Solutions Ian Walter Energy Storage BSc (Hons) C.z FRICS FAAV Alternatives To Oil And LPG Senior Partner, Chartered Surveyor e [email protected] Some Like It Hot t 01522 504333 New Era For Wind Turbines The Age Old Debate What Future Renewables? What Will Shale Gas Mean To The NEWS 34 - 38 Practice News Practice Appointments Aiming To Be Chartered 4 8 4G Mobile Machinery Network Auctions 10 13 The Farmland Olympic Market Inspiration 15 19 Commercial To The Manor Born Property 23 27 Single Payment Reservoir Issues Legislation 29 32 Farm Energy Some Like It Hot! Solutions

Property and Business is published by JHWalter LLP Editor Tim Atkinson Design and Publication Fran Thornton and Kate Wells This publication is intended as a general guide, and although every effort has been made to ensure accuracy, liability cannot be accepted for any errors of fact or opinion. Always seek professional advice. Do you know who owns the ground beneath your feet?

Landowners are at risk of losing the rights usually associated with land ownership, The 2002 Act did not open the door for the creation of e.g. sporting rights or to extract minerals, unless these are already specifically these interests if they do not already exist or for false claims protected in a contract or they are registered by midnight on 12th October 2013. against already protected interests but for the registration of existing rights by the rightful owners to protect what they The Land Registration Act 2002 (“the 2002 Act”) introduced a process to register currently hold under our landownership legal system. all land ownership in and this includes registration of what are known as manorial rights or “over riding interests” in land where rights are held separately Owners of overriding interests are advised to investigate to the actual ownership of the land. This process will introduce some certainty to what they do own and to register their interest with the who can control what happens on the land that you own. Land Registry to avoid these valuable rights being lost. For example, even where it is not financially feasible for the These overriding interests are not all new – many derived from the feudal land minerals to be commercially extracted, there could still be system and the Enclosure Acts where the tenants or copyholders of the Lord of financial implications. The surface land owner will not be the Manor became the freeholders of the land but the manorial rights still prevented from undertaking usual surface activities which remained separate from the freehold ownership and retained by Lord of the extend below the surface but do not interrupt the significant Manor – and, of course his modern day successors in title. These manorial rights mineral layer, for example, normal faming cultivations. can be valuable – they include rights to extract minerals, sporting rights and can However, when those activities extend any further than the also include rights to small areas of land around old settlements. These rights may subsoil, for example digging an irrigation reservoir or erecting have been sold separately since then – possibly without the actual owner of the any structure with footings, this may involve the removal of land realising the rights were for sale and without even knowing they did not mineral or at least the interruption of minerals which will automatically own them with the land. require the consent of the mineral right owner – which can As a result, the landowner’s enjoyment of the land and future development be withheld or only granted on financial terms. plans for the purchased land can be severely restricted and the future use very Over the next few months landowners may receive uncertain unless agreement – usually at financial cost – is reached with the owner correspondence from Land Registery informing them that of the rights. the owner of the overriding interests is registering the rights. It is only where the sale contract specifically passes the rights with the ownership This should prompt a check of title deeds to confirm that of the land that the position is already certain – and those owners need not be the rights were not included on the conveyance – if so then concerned about the registration requirement as their rights are already legally further advice should be sought on challenging protected by the contract and remain unchanged. the registration.

3 PROPERTY - RURAL 4G Mobile Network: Implications of being in the Express Lane

At the end of October 2012, Everything Everywhere (the amalgamation of Orange and T Mobile) was the first mobile phone network to commence roll out of a 4G service within eleven cities of the UK, with Vodafone and O2 to follow in Spring 2013. Although 4G signal is not yet available in rural areas, we have been informed to expect roll out of rural coverage in 2013. The current aim is for 70% of the population to receive 4G signal by the end of 2013 and 98% to receive 4G signal by the end of 2014. The prospect of all this technology is certainly proving exciting for all the smart phone whizzes and app-lovers out there, but what are the true implications of a 4G network for Landlords?

It has been reported that many existing 3G sites are to be upgraded to 4G. It is important to therefore monitor the equipment levels on your site. Have you seen any additional installations? Could this equipment be in excess of the equipment rights permitted within your lease? It is important to seek professional advice if you are unclear of your position with regard to these factors. If equipment levels are in excess of those stated within your lease, you are in a strong position to enter into negotiations to increase the rent level due to the occurrence of a breach of contract.

Furthermore, recent collaborations between O2 and Vodafone (known as Cornerstone), may mean that you are approached about lease assignment. Landlords with both a Vodafone and O2 mast are likely to be affected by this as Landowners who have any doubt as to the ownership of one mast may be kept and one may be these rights would be advised to check their title by the decommissioned. In this conveyance and any registration with the Land Registry circumstance you must when the land was purchased. If owned separately then practise caution if the registration requirement for the owners of overriding approached about interests will introduce greater certainly for landowners. assignment as in certain If the rights are not registered then there is no party to leases no break clause prevent the exercise of the rights. exists and therefore large surrender Establishing who owns or the status of mineral rights is, premiums can therefore, very important for all parties to a land be negotiated. ownership. The freeholder needs to know that he has all rights associated with ownership and if not then the Alice Hayes status of those rights. Owners of specifically reserved BSc (Hons) Graduate Surveyor rights need to know what is happening on the land e [email protected] owned by the freeholder, to ensure that their interest t 01522 504355 is recognised. Owners of overriding interests or manorial rights need to ensure that their rights are registered by 13th October 2013 or they will be lost, as will be the potential for financial return for these rights. Important as this is for personal land owners, this is of even more importance for Trustees and the like, to ensure that they are fulfilling their duties and responsibilities. All owners are advised to take advice so they really know what is going on in and on the ground beneath their feet.

Ellie Allwood BSc (Hons) LLM MRICS FAAV Partner, Chartered Surveyor e [email protected] t 01522 504320

PROPERTY - RURAL 4 The threat to the Ash Woodland

The risk that we may lose the Ash has highlighted the importance of our woodlands. These cathedrals of the countryside do so much to raise the spirits be it kicking through the leaves on an autumn walk or escaping through the tree line to escape the wind and rain.

Woodlands bring life and interest to a farm. So many holdings in the region are now devoid of livestock, but a wood provides life as a refuge for the rabbit, a roost of the pheasant and a home for the fox and badger.

Doug and Elsie Causley-Cooper purchased their farm at Mavis Enderby near in the southern wolds as a retirement project and have planted 40 acres of new broadleaf woodland. They explained that land in the fens would have been a good investment but they much preferred Eastfield Farm where the woodland changes through the seasons and gives them view from Holme Wood Lane to Claxby Pluckacre Oil on Canvas great pleasure. By Tom Wormell 2010 [email protected]

Woodlands provide a setting for some of our most enduring fiction from the tales of Christopher Robin and Winnie the Pooh in the Hundred Acre Wood to Badger’s Wild Wood of Wind in the Willows.

The strength of public feeling for woodland was shown in 2011 when the Government were forced into a rapid about turn on their proposal to sell 637,000 acres of forests.

There are now real efforts being made to quantify the value of our woodlands by treeconomics. The Sunday Times reported on 4 November 2012 that “the amenity value of green belt land in Britain is £1,000,000 per acre every year if preserved whilst a single tree is now worth £360 according to environmental economists”. The Government Is your Tenancy Ready for SPS reform? has recently launched a vast audit of the country’s natural assets to be headed by the Treasury’s Natural Capital Committee. Have you reviewed your tenancy agreement, if not it is time to read it. The Natural Capital Committee will focus on Even though the details of Common Agricultural Policy three key areas: Reform and Single Payment Scheme reform remain unclear • Advice on where and how natural assets are being used unsustainably we are certain reform is going to happen. • Advice on how Government should prioritise action It is important to review existing Farm Business Tenancy • Advice on research priorities to improve future advice. Agreements to ensure the terms are appropriate if a new scheme is introduced. The Committee is chaired by Dieter Helm an Oxford economist who has said the audit will be the most comprehensive of its kind in the world The terms for a new scheme need to be correctly recorded “the danger is at the moment that we don’t attach any economic value to to avoid potential problems. our natural environments, even though they contribute to our economy If the provisions are defective we can amend the existing in all sorts of ways”. tenancy with the agreement of the parties, or draw up a new Our best efforts are needed to combat the Chalara Fraxinea as it attacks agreement to include clauses to incorporate the eventualities Ash trees but this is a natural event that we may be hard pressed to stop. of a new scheme. Lets take heart that the environment and woodlands are seen as so important that they now top national newspaper headlines. Alice Hayes BSc (Hons) Graduate Surveyor Tim Atkinson e [email protected] BSc (Hons) MRICS FAAV t 01522 504355 Partner, Chartered Surveyor e [email protected] t 01522 504313

5 PROPERTY - RURAL At the last count there were 2.6 million participants coarse fishing, with the average angler spending between £500-£1,000 per year, clearly there is serious money to be earned.

The rapid growth in the industry in the last 10 years means there is a serious shortage of fish coming to the market to stock fisheries. At the core of this industry the same farming principles apply “once you have livestock, you have dead stock”.

Waters the size of tennis courts and bigger are now being stocked with young fish to be grown on and sold a few years later. A lake owner can either let out the water for the sole use of a stocking lake, or buy fish and grow them on.

A 3 acre lake can be stocked with 700 4 – 6” carp at a cost of £70 per hundred. These need to be fed with rolled wheat in the summer months for 7-8 years which should conservatively produce 150 fish around the 20lbs mark. 20lbs fish currently trade at £18/lb equating to £54,000 stock value for relative little work and by this stage the fish will start breeding your next crop.

Charles Alexander BSc (Hons) Graduate Surveyor e [email protected] t 01522 504319

Farm Rent Reviews – Paying the Price

What a year! When we started 2012 a gentle spring The question now is - will this affect both AHA rent review rents and FBT encouraged us to trust in Mother Nature to be kind to us rents? If so, when and by how much? or rather we trusted Mother Nature combined with the high Rents always lag behind profitability changes. They are also, usually, set for a demand for cereals producing exciting forward prices. Things three year period and not just an immediate reaction for a one year tenancy. were looking good. What could go wrong? Spring rents Whilst we all hope that the extreme weather conditions in 2012 will not be reflected this with the Agricultural Holdings Act (AHA) rents repeated, we are still dealing with the aftermath. The track record also shows generally increasing by 15 – 25% (despite, in some cases, that we must budget for some extreme weather within the rent review cycle. Landlords looking for 50 – 100% increases) and Farm This reality may well cause some farmers to seriously consider the amount of Business Tenancy (FBT) rents continuing to break new premium rent that they would bid for an FBT in the future. Anyone facing a records. FBT rent tenders of £200/acre plus became widely AHA or FBT rent review for the next three year period will have to take into known, albeit that, behind the scenes, rent reviews were also account the impact on establishment for the 2013 crop. being agreed ranging £125- £185/acre but even so the rents reflected the bullishness in the market. The very high FBT rents may well leave room for reductions in the future. However, at the present time we are unlikely to see AHA rents fall for holdings Come the summer, despite the everlasting rain, we thought which can always be relied on to produce a reasonable average yield – “all we need is a month of sun and a good harvest” and bids provided, of course, the rent has been properly agreed and reflects the true for FBTs remained high and early autumn AHA and FBT rent reality of farming the holding and the volatility of the market. These past five review settlements continued to reflect this positive outlook. years of volatility in farming profitability serve to prove where the risk lies – However, as the combines started to roll (if they could avoid it is with the Tenant. Rents for the future will not only need to reflect the getting stuck in the mud) and the grain trickled into the shed, potential for profit but also the reality of risk when we cannot control weather reality started to bite. When bushel weights produced eye conditions home or abroad – Mother Nature will always have her final say! watering deductions, it bit even harder. For many farmers, it was not just the 2012 harvest that was shocking but the Ellie Allwood BSc (Hons) LLM MRICS FAAV inability to establish the 2013 harvest crops which has caused Partner, Chartered Surveyor even more frustration. e [email protected] t 01522 504320

PROPERTY - RURAL 6 Compensation

The brown envelope arrives on the doormat containing a letter of intent, a formal notice and a plan showing a new pipeline or cable is to be laid across your land. It is important to establish exactly who is undertaking the scheme as their rights vary and so therefore does the amount of compensation you will receive. More often a utility with less power will pay more compensation. Generally speaking it is the last thing you want to happen across your property because, make no mistake about it, they can cause a mess.

Naturally they are duty bound to recompense you for any damage and loss as well as paying for the privilege of interfering with your freehold and yes, you are quite at liberty to negotiate a settlement directly with the contractors yourself. Contractors much prefer dealing direct; they negotiate on a very regular basis and more than likely you do not.

It’s easy to convince yourself of the old chestnut of not paying for professional advice when you can do it yourself and save money. However, in most situations, the utility companies and Highways Agency pay agent fees in addition to your compensation and this is where the expertise and skill of JHWalter comes in.

We have a dedicated department who specialise in negotiating crop loss compensation, permanent depreciation and freehold sale in such situations. We can manage the whole, often lengthy, project for you from the initial pre entry investigations right through to the final reinstatement and any ongoing future loss issues.

It really is a Win - Win situation. So remember if the envelope arrives contact us immediately and let us take the complication out of compensation for you!

Ambrose Fowler MRICS FAAV MRAC Chartered Surveyor e [email protected] t 01522 504308

7 PROPERTY - RURAL The end of June saw the JHWalter Prices were strong with the workhorse of the farm, a John Deere 7710 going under the hammer at auction team up sticks and head £26,250. A MF 32 combine sold at just the right time for £22,000 and a Maschio 5m hydraulic folding over the border to Nottinghamshire. power harrow made reasonable money at £13,900. The unexpected star of the day was an Accord 3m The combination of excellent quality, piggy back drill, with power harrow and, after some hard fought bidding, the hammer fell at £5,600 genuine on site farm dispersal sale - did these bidders see into the future of the wet summer/autumn ahead! and a rare sunny Saturday saw a large On the 9th February 2013 the JHWalter auction team will be at Bassingham, crowd travel from far and wide. in Lincolnshire for a specialist sale of game rearing equipment and quality farm machinery further details are available from JHWalter.

‘We are sad to report the death of Ken Charles Alexander Gresswell since his machinery sale in BSc (Hons) June 2012’ Graduate Surveyor e [email protected] t 01522 504319

PROPERTY - RURAL 8 Valuation Expertise Assists Settlement

Our agricultural valuers regularly act as joint experts to assist the court with matrimonial settlements

Valuing land and farms for matrimonial purposes is similar to bank lending, sale or purchase. However, the often tense background to the valuation requires that the valuer is scrupulously impartial and thorough. The valuer hopes to inspire the confidence of both parties so that the pedigree of the valuation will enable a settlement without recourse to court proceedings.

Our valuation process starts with a detailed inspection, measuring houses and buildings and walking the land to see the quality of the soil, efficiency of the land drainage and the condition of the growing crops.

Following the inspection, we carry out desktop research with the The diversification of farming means valuing a variety of non assistance of the instructing solicitors to establish land ownership, agricultural assets. These can include offices, holiday cottages, tenancies, restrictions, covenants and development clawbacks. farm shops, workshops, commercial storage, haulage yards, We then gather together evidence of property sales in the locality telecoms masts, caravan sites, fishing lakes and woodland. and region to form the basis of our value calculations. Some unusual assets can cause a furrowed brow but fortunately the profession is well served by the Central Association of Agricultural In matrimonial valuations, land ownership anomalies can create Valuers which provides access to a network of rural professionals unusual situations not normally encountered in real sales. For across the country, one of whom will have come across a similar example the farmhouse may not be in the same ownership as the situation elsewhere. surrounding land and buildings, therefore it cannot be valued with its surroundings. The value of the house is then depressed by having As part of assessing the value of the holding we consider the noise and disruption of the adjoining farming operations but development potential. This involves reviewing the Local Authorities none of the benefits. Having established the ownership, the property planning policies and where appropriate discussing issues with the is divided into its most marketable parcels and each of the lots is planning officer. Where land has development potential but no valued separately. planning permission this can be particularly contentious. In current market conditions often the hope of future development does not The best price for farmland is achieved when it can be sold with greatly enhance the asset value. Traditional brick buildings with vacant possession, allowing the new owner to farm the land. conversion potential and areas of land or farmyards within or close to However, some land is let on secure lifetime tenancies statutorily a settlement are areas of the farm that can have particular hope value. regulated by the Agricultural Holdings Act 1986. Here the tenant Sometimes a more equitable solution is to impose a development has the right to occupy the holding for his lifetime and potentially clawback so that if planning permission is granted in the future both there may be rights for his children to succeed to the tenancy. parties can share the benefit. In addition the rent is reduced by the provisions of the Act to around half the level that would be paid in the market under a Valuation is an art rather than a science and therefore instructing modern Farm Business Tenancy. The reduced rent and the inability parties and their legal advisers have to accept that the valuation is to obtain possession means that land let on this basis is often only one person’s opinion and that opinions will vary between valuers. worth around 60% of its value with vacant possession. This situation In the days when matrimonial settlements involved a valuer being can be quite common on family farms where tax planning schemes appointed by each party it was quite usual to find that there was a deliberately put in place 1986 Act tenancies to family members significant difference of opinion. In acting as an independent expert or a family company with the deliberate intention of reducing the between the parties it is our aim to take a balanced view and find a land value to reduce future tax bills. fair value for the property. However, when we consider there is a wide range of opinion we will highlight this in our report and can give The value of farm cottages can also be affected if these are part of an indication of the likely range. The parties can then take this into the farm tenancy or occupied under tenancies protected by the account in their negotiations. Rent Act 1977 or the Rent (Agriculture) Act 1976 and similar discounts are applied. A well researched, impartial valuation report can help achieve a settlement and ease a difficult situation for the parties.

Tim Atkinson BSc (Hons) MRICS FAAV Partner, Chartered Surveyor e [email protected] 9 PROPERTY - RURAL t 01522 504313 The farmland market ‘‘Cereal land now frequently sells for £8,000 per acre, an unthinkable price just a couple of years ago.’’ Farmland prices are at an all time high, but why? ‘‘Farmland will maintain its In the 1970s financial institutions started purchasing farmland leading to the current price until other assets Northfield Report. Being commissioned by the Labour Government of the day. become more attractive to It was a fear that the power of financial institutions would lead to a monopolisa- investors. Land continues to be tion of land ownership that initiated the report. a popular safe haven and benefits from the attraction of But within 20 years the financial institutions had withdrawn from the land market providing 100% Agricultural Property Relief from Inheritance as it was found to be a slow moving vehicle, capable of going into reverse at a Tax.’’ Tim Atkinson time when everything else was making “loads of money”. For 20 years the market was flat as a pancake. Farmers who had sold on sale and leaseback bought back the farms they sold at prices that reflected the lack of enthusiasm for a commodity no longer coveted by financial institutions.

As the credit crunch hit, the price of land began to rise at the same time as the price of wheat. Suddenly investors were waking up to the attractions of a secure investment with the real prospect of capital growth in an otherwise turgid investment market. Coupled with the tax advantages of investing in working farmland, and a reducing supply of this commodity, the price of land has quadrupled in very quick order.

The pundits are scanning the horizon for evidence that the market has peaked or even turned. During 2012 we saw no evidence of that, neither do we anticipate it happening.

Why Land Values haven’t Peaked

1. High demand and a diminishing supply. Every time a farm is sold out of a family either through death or to distribute the wealth amongst a number of beneficiaries, it is either sold to an investor or an existing farm that is getting bigger. Economies of scale can be applied very quickly to agriculture.

2. The size and complexity of modern farming equipment is such that economies of scale are essential for a farmer to make the investment decision to buy new machinery. Farms continue to cooperate in ways which make these decisions happen. This pressure pushes up the price of land and rents.

3. The patchwork quilt that is England’s green and pleasant land is comprised of larger and larger patches of land. As established and successful farmers run out of small farms to buy up, the competition for land that becomes available is often intense. The current appetite for banks to lend to agriculture and the emergence of agents acting for purchasers is such that the upward pressure on price continues.

4. Overseas investors continue to see English farmland as a safe haven for their wealth and compete with the locals for their slice of England.

Perhaps more than anything, farmland has become a commodity to be traded. To be purchased and sold for a profit as much as being farmed for an annual harvest and livelihood. Some would argue that it is no bad thing. Others might see this as a bad sign for an asset that is in fact a deeply important national and natural resource. Perhaps it is time for another look at the farm land market. The Northfield Report was published in 1974. That was a long time ago.

Ian Walter BSc (Hons) CEnv FRICS FAAV Senior Partner, Chartered Surveyor e [email protected] t 01522 504333

PROPERTY - RURAL 10 Langold Farm - The End of an Era

Geoff and Anne Scott knew that on their retirement the farm would be sold as both their sons had pursued successful careers outside agriculture.

Considerable thought was given to how the farm might be sold to best advantage when the time came. Accordingly, architect Robert Lee was given a third commission to design the extension of the Grade II Palladian farmhouse into a more substantial dwelling than the mature and tree lined setting merited. After negotiations with Rotherham Borough Council and English Heritage, planning permission was granted to add two wings. The pieces were in place.

In spring 2012, the farm was brought to market in a way that recognised the current property market. Farmland is the property asset in demand and it is neighbouring farmers and investors who are competing to buy. The housing market is less strong. By offering the farm in two lots, the house and 24 acres of land and the farmland, with some woodland, of 198 acres, by private treaty, there was the opportunity for prospective purchasers to bid for what they wanted. The farm nearly sold as a whole but in the end the best price was achieved by selling the two lots to two different purchasers. The guide price of £2.3m was comfortably exceeded.

When their farm on the Yorkshire/Nottinghamshire border was sold it was the culmination of a professional relationship between JHWalter and their esteemed clients which has lasted three generations of the Walter family and fifty years on one farm.

Geoff took the tenancy of Langold farm, Letwell from the Riddell family in the 1960s. The rent he bid for the farm was way ahead of any of the rents on the estate. The considered view was that he would not last very long. He had been advised on the farm tender by the late Colin Walter. When Colin died in 1978, just at the time that a gas main was being laid through the farm, Ian, his son, took over as Geoff’s land agent and valuer. It has been a productive and most enjoyable working relationship.

In the mid 1990s, the opportunity arose for Geoff and Anne to buy the freehold of the farm of 400 acres. Ian acted in the negotiation leading to the purchase of the freehold. A fair price was paid but the borrowings were such that 177 acres were sold immediately to make the purchase affordable. The land was offered by contractually binding tender, the tenders were opened in the presence of the solicitor and the land sold to the highest bidder.

The purchase of the freehold offered opportunities to manage the assets of the farm. A substantial range of 18th Century stone stables had, like so many traditional buildings, been integrated into the working farmyard. It was commonplace to put “modern”steel portal framed buildings adjoining and amongst traditional buildings. It seemed sensible and cost effective at the time but as farming equipment got bigger the practicalities suffered.

In 2008, JHWalter advised on the conversion of the buildings to residential dwelling units, consulting with Robert Lee, an architect with specialist expertise in the conversion of historic buildings. As a result of a successful planning application, the buildings were sold by private treaty by JHWalter in 2006 Likewise planning consent was assured to extend a listed stone cottage which was sold in the local pub in a cliff hanger of an auction to the highest bidder for the sum of £367,000 in 2007

Ian Walter BSc (Hons) CEnv FRICS FAAV Senior Partner, Chartered Surveyor e [email protected] t 01522 504333

11 PROPERTY - RURAL FOR SALE SOLD

Angel Wells Farm, Castle Bytham, Lincolnshire 43 Acres Summercroft and Oxmarsh Farms, New Holland, Lincs Lot 1: Bungalow (subject to AOC), Stables, GP Buildings in all 10 388 Acres acres: Guide price £450,000 Farmhouse, bungalow, range of agricultural buildings, productive Lot 2: Duck Unit (52,442 sq ft of buildings) further planning for and level arable land let on a new lifetime, full repairing and expansion may be available, potential Anaerobic Digestion insuring Agricultural Holdings Act tenancy with a rent of £24,500 Site and Farmland in all 33 acres: per annum. 100% IHT relief opportunity. Guide Price: £525,000

FOR SALE SOLD

Niveks Farm, Snitterby Carr - £210,000 Langold Farm and House, Letwell, Yorkshire border with An interesting opportunity to acquire around an 18 acre small Nottinghamshire Around 222 Acres holding in a rural location at Snitterny Carr. The property is sold Grade II* listed farmhouse with planning consent to create a with the benefit of all existing buildings and dwelling on the site, significant country house of about 5,900 sq ft. and a new including the machinery, the livestock is available by separate outbuilding. Listed walled garden with planning consent for negotiation. A ready prepared lifestyle small holding, supplementing rebuilding a garden house (studio), grass paddocks, arable land of their income through a Caravan Club site. about 162 acres, broadleaf woodland and a small reservoir.

UNDER OFFER

Eastfield House & Farm, Mavis Enderby, Spilsby, Lincs JHWalter Rural Sales - Charles Alexander, Ian Walter and Tim Atkinson Eastfield Farm is an attractive mainly arable farm of around 288 acres (116 hectares) within the . It includes a substantial principle house, a traditional barn converted to two dwellings, all without agricultural ties, a pair of cottages and a 01522 504304 useful farm building. The land includes rolling countryside, mature and young woodland and level productive irrigated farmland. jhwalter.co.uk/property

PROPERTY - RURAL 12 Olympic Inspiration for the JHWalter Residential Team

The residential market throws up many challenges in the current economic climate but is proving to be holding its own in the main. However, there is an obstacle which appears unmoveable and unchallengeable. The dreaded stamp duty!

Introduced in 1694 during the reign of William and Mary in order to help finance the war in France, this stealth tax has gone through many changes over the centuries, with the most dramatic occurring under a new Labour government of 1997, who saw it as an easy way of raising extra revenue. They hiked the duty level on property from 1%, for properties over £60,000, introducing new thresholds for properties over 250k (1.5%) and over £500,000 (2%), with a further revision in 2000 where the rates were increased again for properties over 250k to 3% and over 500k to 4%. With a further threshold introduced in 2010 of a 5% levy on properties over one million. The current government have played with stamp duty holidays for first time buyers, which whilst in place, did encourage some stimulation to the ‘Thanks so much for all you have done. You have been market, however once withdrawn saw a lot of that fall absolutely fantastic and i would have no hesitation in away again. recommending you to our friends. 10 out of 10.’ The other major impact these stilting thresholds have is on pricing, with properties ranging from 250k to 300k, and JHWalter vendor £500k to £650k fairing worst. This is due to more desperate sellers, whose properties might be feasibly worth the top end of these values, however they are putting them into the 2012 was a proud year for this great nation of ours, with the market around stamp duty levels, in order to attract a quick Queen's Golden Jubilee celebrations, along with both the sale. This both clearly has an impact on any other properties Olympics and Paralympics. However all of these great summer in this price banding and furthermore impedes on all the events did have a stifling effect on the housing market. We price points in between. kicked off the year from the blocks with an unusually busy and productive January and February. The historically buoyant spring A much fairer and indeed more fruitful system for all months of March and April failed to light any flames and whilst concerned would be for the government to soften the early June provided some great negotiating relays, from July thresholds with less differential between price bands, indeed through to early September, the market was pretty much as it once was and would suggest the following break points, stopped in its tracks. which would both encourage more sales and therefore more stamp duty revenue and at the same time help However, much like our athletes attitude, the back end of the stabilise prices. year fought back, with a late rally from buyers and sellers alike 60k To 80k 0.25% 250k To 275k 1.75% and has left us with some great podium positions. As we write, 80k To 100k 0.5% 275k To 300k 2% JHW Residential have agreed £15 million worth of sales to date 100k To 150k 0.75% 300k To 350k 2.25% but we will certainly not be resting on our laurels and Team JHWalter continue to train and compete to ensure all our 150k To 200k 1% 350k To 500k 2.5% home sellers and buyers attain medals in their property quests. 200k To 225k 1.25% 500k To 1m 3% 225k To 250k 1.5% 1m+ 4% Simon Smith MNAEA Let us know your thoughts Partner, Residential Property e [email protected] t 01522 504354 Simon Smith MNAEA Partner, Residential Property e [email protected] 13 PROPERTY - RESIDENTIAL t 01522 504354 SOLD SOLD SOLD SOLD

SOLD SOLD SOLD SOLD

SOLD SOLD SOLD SOLD

SOLD SOLD SOLD SOLD

A selection of homes under new custodianship thanks to the JHWalter Residential Team in the last year JHWalter Residential - Linda Allatt, Lois Simpson, Alistair Skinner, Simon Smith, Ellen Dorman ‘The residential market is in its healthiest position to date 01522 504304 since the downturn’ jhwalter.co.uk/property

PROPERTY - RESIDENTIAL 14 Investing in commercial property Viability of

Our commercial property partner, John Elliott, reviews the investment options for those Affordable Housing with £250,000 available to invest in business property. Much has been debated about the In common with all investment, buying commercial property is a balance of risk and reward. planning system of late. Do we need to At £250,000, buyers might find small, well let opportunities with national tenants but returns relax planning to allow more housing to can be lower than 5%, if you can find a property to buy. Most investors in this range are come forward? If we do, will builders looking for higher yields. Returns over 10% are now available but buyers should study start these new housing developments? carefully exit routes, letting potential and costs of holding the investment. Some sites are not being developed Industrial as the planning consent includes a Lettings in the industrial market have seen improvement during 2012. Returns can be as high requirement for the developer to as 15% though most tenants want flexibility and do not want to be locked into a long let. provide on site social housing. Some Investors must be prepared to manage the building and plan ahead to minimise empty require as much as 50% of the dwellings periods. At yields over 10%, owners should expect some regular, hands on involvement to be constructed at cost and with the property. transferred to a Housing Association.

Offices There is a need for social housing but Historically, the rental value and lettability of offices has been a rollercoaster. An office let to even modest requirement can currently a good tenant with at least 10 years to run on the lease will return 7 to 9%. Buying vacant make a site unviable for the developer buildings or ones with short occupancy will show high returns for the investor prepared to and for their bank. be bold and provide incentives to attract new tenants. Valuation is the key to unlock these Retail sites. JHWalter has recently provided The retail sector remains popular and offers the best opportunity for smaller buyers to own development appraisal evidence on a property let to a blue chip tenant. Reliable tenants with at least 10 years to run on the lease several sites to demonstrate to the show returns of 5 to 7%, a reasonable return for a reliable income. Higher yielding properties Local Authority that the percentage are good value if reletting is a reasonable prospect at the end of the tenancy. of affordable units has to reduce to restore viability and allow the site to Public House be developed. Village and suburban public houses look good value for money with a choice of property available below £150,000. Banks have retreated from this market so “cash is king”. There With our evidence the developers have are tenants looking for space though most are individuals and small companies. Buying at been able to successfully to renegotiate the right price in a sustainable location could bring good rewards to those prepared to try their planning obligations and can something different. start construction.

If you would like to invest in commercial property JHWalter can provide a full acquisition and John Elliott management service. BSc (Hons) MRICS ACIArb Partner, Chartered Surveyor e [email protected] t 01522 504303

15 PROPERTY - COMMERCIAL Having the Energy to Sell

In order to sell or let any commercial building which is normally “conditioned” (that is heating or air conditioning), the law requires that you provide an Energy Performance Certificate. Both vendor and agent risk prosecution if “written particulars” are provided to interested parties without the certificate being attached.

The certificates give an assessment of the energy performance of the building and its heating or air conditioning. As yet EPC’s are not a major consideration to the market but they will be as energy costs rise and if an EPC based tax is introduced.

Drawing the Line

Nothing in property causes more emotion than the position of a boundary. The extent of a property can have a fundamental effect on its use and value. We have seen fields that could not be developed because the ownership fell short of the adopted highway by 1m. An industrial estate could not be accessed by lorries for the sake of no more than 5m2 of land. But it is as a “matter of principle” that most disputes arise.

Try as they might, judges have yet to find a way of keeping disputes over boundaries and rights of way out of court. They despise having to mediate over pieces of land that are a few feet wide and worth very little.

When properties are sold, the title plans are rarely adequate to truly mark where a fence should be. Land Registry plans are at 1:1,250 or 1:2,500 scale. The red line There are some exemptions such as an unheated represents a width of a metre or more and “does not determine the exact line of the warehouses or shops that are to be redeveloped boundary”. Even when plans are accurate, fences get moved, drives/roads get shared by as a house so long as planning consent has neighbours who think they’ll stay friends without documenting the changes. Most do been granted. but the consequences are expensive and long winded for those who don’t! Agents are allowed to send out property details The best advice on boundary disputes is to avoid them but where that is not possible, without an EPC so long as floor areas, JHWalter will work with your solicitor to try to reach an amicable agreement. photographs and asking prices are not provided but these key pieces of information are vital for marketing.

Fortunately commercial EPC’s can usually be obtained in a few days, The cost depends on the size and complexity of the property and start at around £250.

John Elliott BSc (Hons) MRICS ACIArb Partner, Chartered Surveyor e [email protected] t 01522 504303

‘Commercial covers many types of property, each with its particular demands to achieve the right result on sale and letting. Activity in most sectors has increased and we expect that to continue in 2013.’

PROPERTY - COMMERCIAL 16 SOLD SOLD

363 - 364a High Street, Lincoln Development Site, Collyer Road, Calverton A High Street retail investment in Lincoln City Centre let at An ideal developer’s lot comprising a public house on a site of £21,000 per annum. Ground floor divided into two retail areas 0.55 acres with planning consent to develop 16 new residential with restaurant and ancillary accommodation to the rear. The properties being approximately 6.5 miles from Nottingham. first and second floors are used as residential space by the tenant and has a separate access. The building offers the opportunity for future property management opportunities.

SOLD SOLD

Unit 8, LEP, Newark Road, Aubourn The Wing Tavern, Church Walk, Newark A modern industrial unit developed about 5 years ago and has A town centre public house in need of repair and previously been used as a gym. The unit has roller shutter door refurbishment. An extensive ground floor trading area access and is steel framed with brick and profile steel cladding, (gross internal area 195 m2/ 2,100 sq ft) plus first floor offices and toilet facilities. residential and basement cellarage. Attractive beer garden with views over the St. Mary Magdalene Church. Potential for alternative uses subject to planning permission.

SOLD

JHWalter Commercial - Denise Reeson, Janet Harvey, Charles Alexander and John Elliott 47 – 51 Castlegate, Newark, Nottinghamshire A town centre investment property comprising a Fish & chip shop and flat currently generating £18,000 p.a. 01522 504304 There is also further former residential accommodation with potential for refurbishment. jhwalter.co.uk/property Mortgages for JHWalter Clients Auction, Residential & Commercial

FinancingniF anci a nn neweg w oorr eexisting pnitsxir property dtreporg doesn’t h’nesoy havevat tv too be e a Catering forfniretaC allaog ofolr f thettl following:fhf :gniwolloe t-BSHF-PBOTVQUPb   $PSSFDU/PW   QVTOBP-FHSB-t     WP/UDFSSP$   bPUQ complicatedco acilpm ted procedureprocedure if youy haveho thetvau rightrhe professionalphgie fesort fessionaltl toto t"VDUJPO1VSDIBTF'JOBODFtIDSV1OPJUDV" FDOBOJ'FTB guideg iu de yyouou tthroughoutuorh ghout ttheh pprocess.sescore . t4FDPOE)PNF.PSUHBHFT #VZUP-FUPS-FUUP#VZt4F FNP)EOPD     ZV#PUUF-SPUF-PUZV# TFHBHUSP.  t4FMG#VJMEt4FM4 GG $POWFSTJPO3FOPWBUJPO $EMJ#GM OP$ EMJV# TSFWO JPO  3 JU3 OPJUBWPOF WithWi ot offices iecffih in ts thee hhn eheartart o fof L Lincolnni coo Bl Bailgate, Wetaglian White Mtih, Mortgages pegagtroe pridee tdirs t themselvess oevlesmehe non t3FNPSUHBHFGPS)PNF*NQSPWFNFOUT 4VCTFRVFOU1SPQFSUZtF3 N PGFHBHUSP SP )PNF *N OFVRFTCV4 TUOFNFWPSQ  ZUSFQPS1UO offeringo anireff an ug unparalleledllarapnn eled llevelevev l oof cclient fneilf focused aesucot advicecivdd e wwhichhi ic is bh bothh ptos pprofessionalorh ffee naosis l 1VSDIBTFPS%FCU$POTPMJEBUJPOVS FTBIDS1 PPS %FC $U POT OPJUBEJMP anda con completely iletelpmd independent.ny de nep d nent. t$PNNFSDJBM1SPQFSUZt$P MBJDSFNN 1SP SFQ UZ

UsingUsis n tthe lhg latestsetae t ttechnology,e hc n olo gy coy combined withwenibm, h theirttid h knowledgekie nr o andagdelw experience,ene xd ecneirepx , OfficeOffi Hc Hoursruoe s8 a8amm t o6to 6pm Mp Monday tdanom to Fy Friday..ydairo they'llthey'll ssearchcrae h tthroughh uor gh thousandsth uo ofodnas mortgages,ms trof gages, fromf or m thetmh major financialfiojae nar liacnna lendersrednel s AppointmentsA mtniopp e tn sa availableva fromflbalia 8am8ore totam o 8pm,8m pm, MondayM dano yyt totoF Friday.ir daay. andd institutions,ina nstitu it ons, toto ensureens e thattru thae t youy obtainoo tbu ain thethe veryv re y bestb andase mostmnt t upuusod tott datedap to e (SaturdaysdarutaS( ysb byby priorp oir r agreementao g / arrangement).anemeer rrt an eg m )tne . mortgagegagtrom e adviceadvice andand mortgagemortga ratesrg etae sst thethe marketm kra et hashah os to t offer. reffo .

WhetherehtehW ryr youyouau area lookinglr oe o nik gfg forfoforyr youryouourfi firstfi msr msrr mortgage,egagtrot , anaa nnew re rate otaw on ye youruon eexistingixr sixr stining STEVENSTSTES VEVENENN WHITEWHIT CeMAPCeMMAPAP mortgage,gtrom ag , movingme o niv g homehome ororrc consolidatinco g enitdailosn existingnitsixg gdg ddebt,ebt, WhiteW e Mtih Mortgagesortgages wouldw luo d DIRECTORORTDIREC be pb pleasedele as d tote o hhelp.elp. T 01522 540777 M 07984 072008 E [email protected] e@whitwh emorort .cdgageslt .uko.c W whitemortgagesltd.co.ukwhwhitemorortgagesltsltd.cco.uk

White MorhitW Mortgages LtdLte tgages d is authorised and regulatedr bybtegula the Fed Financial ServicesSy Authority.Avicerinancial . OurOyuthorites Our FSA number is 551714. White MortgagesMorhitW te gages LtdLLtt is registeredr ed in EnglandEeregistd E and Wales, calesWngland companyy noompan, no.. 07620161. RegistRegistereded officer officoffice: 3 Eed 3 Eastgate, Lincetgaaste: Lincoln LN2 LN2 1Q, A.oln 1QA.

I ȱ™•Ž‘—ŠŒ ȱȱ ȱ ȱŠ’Œ—Š—ꛞ˜¢‘ŒŠŽ›ž˜¢ ȱ œ•Š˜•Š ouyingroffeyb appou andvicedateairoprthe guidance wonguidance ingrensuyband plansnatathing emainemainrplaceinputy eveffecti e, norfututhein no ohtterame, yw our circumstances ehangc .

teaAssocianAs watheoftnerraPte ard-winning St s’amesJ.St Place Achieve your WWeealth Management rangewideatoaccessevahI, rpofrange oducts thvicesrseand edrtailobecanta ourytoylspecifical needs,our making financial goals with simplerandeasierit ealthwourymanagetoouyforsimpler taTh.ealth means omrfythingreve pensionom itancerInheand TTaax plannin oughrth,gplannin to estmentvni management, accessectrdisroffetath ofynmatoaccess the award-winning advice... fundtop management .steam

ththisevehicaI pevisionorptheoughr ,sonalrof ffaac waceface-to- ealth management a istathviceda designed to suit your individual long ementrequirm rte ementrequirm .sement infotherrfuorF ouryequestrtoor,tionamrinfo complimenta yr guide wto wto ealth management contact:,

JONATHANJONAATT CCROSSLEYOSSLEYRTHAN RAP TNERS IN MANAGING Y WEAOUR WEA HTL AssociateaAssocia PartnertnerraPte Tel:TTeel: 01507 523683 Mobile::Mobile 07909 520366 Email::Email [email protected]@sjpeosslr

The title tnerraP‘ ’is the ma ter rketing m used to desc Str amesJ.ibe ’’ss Place W ManW gaealth vtiaesentreprement .sev What lies beyond the Gatehouse Door?

Some of the oldest properties associated with Lincoln Cathedral are In current market conditions the rental market is seeing an found in Vicars Court. Situated around the lawn courtyard, south of increase in the variety of properties becoming available to let. It the Cathedral and overlooking the City, are a fine range of Grade 1 is important to recognise that rental properties can also provide listed limestone buildings that were built in the late 13th and early business opportunities. 14th Century for housing the Vicars Choral. Buslingthorpe Manor is an idyllic Georgian Grade Two listed These historic buildings are now divided into eight homes ranging Manor House set in beautiful, tranquil, well maintained gardens. from a two bedroom residence to a large four bedroom house and We are proud to have recently secured tenants for this property include some exceptional historic features such as 14th Century and Jo Stanham and her family have recently taken up residency. fireplaces and the stone spiral staircase in 3 Vicars Court. Jo had the foresight to see the potential of the property not only Lincoln Cathedral own some sixty plus residential properties along to provide a beautiful family home but also as a Bed and with ten commercial and retail premises in Minster Yard and the Breakfast venture, both of which are proving to be surrounding Close. Residential properties vary from flats with one to great successes. four bedrooms, to houses with one to six bedrooms. Some have Choosing to utilise two of the seven bedrooms at the property gardens and a few have parking although garages are available to rent to the Bed and Breakfast Business, these luxurious rooms have close by. Most of the properties are let to private individuals who been individually designed to provide a mix of traditional enjoy the unique character of the properties, the Close and of course elegance and modern comfort. the Cathedral itself. Lincoln Cathedral is arguably one of the finest Gothic buildings in Europe. Funds are currently being raised for the Jo has gone the extra mile to make this beautiful bed and restoration of the two West Front Turrets. breakfast retreat the perfect place to relax and unwind. Stay includes traditional English Breakfast with locally sourced and For further details visit www.lincolncathedral.com. organic produce and complimentary afternoon tea with We are proud to have acted as the residential letting agent for Lincoln homemade cake, which can be enjoyed in front of a roaring log Cathedral for well over 20 years and as commercial letting agent for fire, or in one of the secluded seating areas in the 10 years. If you wish to register your interest for any upcoming moated gardens. Cathedral properties please do not hesitate to contact us. For more information please visit ww.buslingthorpemanor.co.uk

Ellie Allwood BSc (Hons) LLM MRICS FAAV Ellen Dorman Partner, Chartered Surveyor Residential Lettings Manager e [email protected] e [email protected] t 01522 504320 t 01522 504316

19 PROPERTY - LETTINGS Residential Lettings A Tailored Service To Suit

JHWalter are proud to continue acting for the Corporate Body With a continuing high demand from tenants seeking quality and of Lincoln Cathedral as well as Lincolnshire County Council. unique property to rent throughout the region, please do not We further extend this service to private clients across a broad hesitate to contact us for your free measure-up. spectrum of residential dwellings. Ellen Dorman Our bespoke letting service includes targeted marketing and promotion, Residential Lettings Manager detailed letting particulars, accompanied viewings, tenant referencing, e [email protected] t 01522 504316 individually drafted RICS tenancy agreements, submission of protected deposit, detailed inventory and schedule of condition.

Thorough Tenant Selection The current economic climate means there is more need than ever to ensure that the tenant you select is one who can afford the monthly rent now and in the long term. Thorough checks into banking and credit history are vital in building an overall picture of the person you choose to occupy your property.

Deposit Schemes Many private landlords are still unaware of the requirement by law to safeguard the tenants’ deposit in a Deposit Protection Scheme. Without this protection landlords lose the right to withhold deposits at the end of the tenancy for damages or non-payment of rent. A detailed inventory and schedule of condition prepared at the start and end of the tenancy is an essential tool to successfully recover monies owing.

Regular Inspection Not all tenants will keep your property to your standards. To ensure good care and a successful relationship with your tenants, regular scheduled inspections are essential.

Rent Collection The collection of rent and monthly or quarterly remittances with ‘The service you provided is both efficient and friendly, we detailed balancing statements. will definitely use JHWalter again, and will recommend your Property Minding services to others.’ Regular inspections, key management and post forwarding for properties which are left vacant for periods of time. JHWalter Landlord

LET LET LET LET

LET LET LET LET

PROPERTY - LETTINGS 20 21 PROPERTY - AUCTION GOING, GOING... GONE!

In its 8th year, The County Property Auction sold over £6 million of property in its five 2012 auctions. One of the star performers was The Jays at Welton a two bedroom cottage for refurbishment standing in 5.5 acres on the edge of the village. The property was guided at £250,000 and some very determined bidding saw the hammer fall at an unexpected £341,000 to the surprise of a packed auction room and the delight of the vendor.

We are pleased to act for many private and corporate vendors including:

Sanderson Wetherall GVA Grimley Mouchel Grainger PLC City of Lincoln Council Macmillian Cancer Support Lincolnshire County Council Lincolnshire Wildlife Trust Edward Symmons The Leukaemia Care Society Colliers

“Selling through the auction was transparent and very efficient, 10 out of 10!”

We Are Moving!

We will be holding five auctions in 2013 as detailed below. The sales will be held at our new home The Double Tree Hotel by Hilton in central Lincoln at a new time of 6.30pm. We look forward to seeing you there.

2013 Dates: 6:30pm start

Tuesday 5th March Tuesday 14th May Wednesday 17th July Tuesday 24th September Wednesday 27th November Brayford Wharf North, Lincoln, LN1 1YW We are now inviting entries for our 2013 County Property Auctions and can offer:

> FREE probate valuations available for property sold through The County Property Auction in 2013.

> FREE Entry and No Sale No Fee Options available for selected property.

Terms and conditions apply

To receive the latest auction information please subscribe at www.jhwalter.co.uk/propertyauctions or call 01522 504360.

James Mulhall BA MNAEA MNAVA Associate, Property Auctions e [email protected] t 01522 504318 PROPERTY - AUCTION 22 The majority of our arable clients are well aware of their requirements to cross comply to ensure that they receive all of their Single Farm Payment. One area that is often overlooked is the small field of grass where a neighbour grazes his cattle or sheep for what can sometimes be an insignificant rent. This is a potential banana skin as you, the claimant of the Single Farm Payment, are responsible for ensuring that your grazier cross complies on this land. What does this entail? The claimant must be able to put records in front of an inspector that cover the herd register, detailed movement and veterinary records, ear tags, etc (SMR 7 & 8). Where the problem lies is ensuring that your grazier has these records available and they are up to date. If you fail to do this you could well lose a proportion of your Single Farm Payment, with between 1 and 5% reductions being the most common. A cursory glance at the RPA website indicates that failure to comply with SMR 7 & 8 is responsible for more than 80% of inspection failures. Our advice to mitigate this risk is to ensure that you know and trust your grazier and have an up to date grazing licence in place. This, at the very least, will allow you to take action against the grazier were they to breach cross compliance. You must also check during the grazing season that the grazier is actually completing their records, looking after their stock and your land. If Mike Johnson all of this seems too onerous the other option is to mow the grass, Business Consultant it might be your cheapest way to maintain this land! e [email protected] t 01522 504325

Growth Accelerator Program The launch of the Growth Accelerator program by the Department for Business Innovation and Skills (BIS) provides an opportunity for a growing business to access a range of qualified business support from innovation to funding to business advice. Access to 800 coaches nationwide ensures your business will get a coach with knowledge of your business issues.

As an accredited coach for the program, Mark Coulman commented Farm based green enterprise “The program offers real opportunity for developing businesses to access JHWalter are delighted to have been selected to run quality support for minimal cost”. the Farm Based Green Enterprise program for the Lincolnshire Coastal Grazing Marshes Project which is After initial assessment by the local Growth Accelerator account manager, being hosted by District Council. the business will be allocated the most suitable coach for the business.

The aim of the program is to encourage diversification Under the program, Mark has been working with Scrubbys Crisps assisting and sustainable business development across the with financial planning, funding proposals and setting up management systems Lincolnshire marshes. Dean Kirkland, project manager, to allow John and Clare Brumby, the founders, to focus on sales, marketing commented, “The aims are to encourage green and production. businesses and to help rural business to grow and to develop the local economy. The hands-on business “Mark’s experience in start-up, business development, experience and knowledge of the local farming agriculture and food made a perfect match for environment that JHWalter offered will be invaluable Scrubbys Crisps” local account manager to us.” Dave Grimes said. The program will run throughout 2013 and 2014, Unusually for BIS support the program is open to all sectors including starting with a workshop program to allow as many new and developing businesses to access support, as agricultural businesses. If you think this program can help you contact Mark well as identify those businesses which will benefit Coulman on 01522 504322 or [email protected] from 1-2-1 business support to develop or create sustainable business. Mark Coulman BSc (Hons) MIOD If you have a new business idea and are based in the Associate, Business Consultant e [email protected] marshes area please contact: t 01522 504322

23 BUSINESS Through the link with Science City York mentor program, JHWalter Consultancy has helped another enterprising, Miscanthus Expanding passionate and rapidly developing Lincolnshire business. Miscanthus is often regarded as a poor relation in comparison to other arable enterprises and if you are regularly producing in Claire Chapman-Duffy and Helen Boyle joined forces in 2011 excess of 10 tonnes per hectare (4 tonnes per acre) of wheat to create new and healthy dips using British produce, and and over 4 tonnes hectare (1.6 tonnes per acre) of rape then started trading from Claire’s family farm in May 2012. this is most likely the case.

Recognising their passion for success, producing and selling, However, there are increasing numbers of farms who have areas and their inexperience of business, they asked JHWalter to that let the side down every year. Whether it be uncontrollable assist with financial forecasting, costing manufacture and weed infestations, poorer soil, a far away field, or even that business planning to secure and develop the fledgling business. pigeons or rabbits regularly eat the profit from that field. These “We have benefitted, and continue to benefit, from the areas warrant careful consideration as Miscanthus can increase business knowledge Mark has provided, and it has given us total farm profitability in under performing fields. confidence, as well as targets to aim for to build the business” Helen explained. The crop requires few inputs after year two and reaches its maximum yield by year six and then continues to produce The Dip Society is already supplying Selfridges and several yields of up to 20 tonnes per hectare (8 tonnes per acre) for wholesalers in and has developed markets with local at least another 15 years. farm shops, including Doddington Hall, Uncle Henry’s at Grayingham and Chatsworth. The market for Miscanthus is expanding, with biomass boilers requiring standard pellet sized fuel, the crop is well placed to Targeting multiples and distributors has been more supply this premium market. Planting grants of 50% are challenging, but recent listings at Ocado demonstrate the currently available through Natural England, this however is up quality and potential of the product. for review in September 2013 so committing to the crop now is a good move. CAP Reform – uncertainty rules! JHWalter have extensive experience with Miscanthus and can Following the recent postponement of the EU Budget provide advice, planning and planting. negotiations until 2013, the likelihood of any new CAP regime being in place for the target date of 1st January 2014 is now Mike Johnson most unlikely. At a recent conference on CAP Reform the EU Business Consultant commission spokesman Gwilym Jones confirmed that any e [email protected] t 01522 504325 reform of the direct payment regime will not happen until 2015, and even this date was challenged by DEFRA. However, agreement on pillar 2 support – rural development and agri-environment schemes – was further advanced, though again DEFRA Director of International Affairs Martin Nesbit stressed the need for contingency plans to be put in place to mitigate the current uncertainty. There is, however, little doubt that greening of the CAP, and some direct payments being linked to environmental measures, is the direction the commission is heading to ensure that receipts of subsidy reflects public demand. Negotiations are clearly more advanced, but someway off, the challenge for farmers and growers is how to manage their business in such an uncertain arena. As matters develop we at JHWalter will maintain a close watching brief and encourage you to talk to us first to ensure any business developments or concerns do not fall foul of changing policy.

Mark Coulman BSc (Hons) MIOD Associate, Business Consultant e [email protected] t 01522 504322

BUSINESS 24 East Lindsey Strategic National Planning Policy Housing Land Availability Framework Assessment (SHLAA) The National Planning Policy Framework sets out what the Government expects the planning system to achieve and highlights government priorities for East Lindsey presently have a consultation open on their planning. The policy document commonly known as The NPPF or The Strategic Housing Land Availability Assessment (SHLAA). Framework was published in March 2012 doing away with in excess of 1200 The SHLAA is part of the evidence to support the pages of guidance in over 40 documents, into one document of 59 pages over preparation of the Council’s Local Plan. It identifies the night. One of the biggest changes in planning since its inception in 1947, or is it? potential supply of land that could be made available At the time of writing we have now had The Framework for 10 months, what is for housing development in East Lindsey over the next the real impact in practice? fifteen years until 2028. The “Golden Thread” running through the Government policy is a presumption The consultation asked for comments on the sites in favour of sustainable development. included in the SHLAA, but importantly asks: • if there are any other sites in any of the 97 The United Nations General Assembly resolved 11th December 1987 that settlements that we might have missed that satisfy sustainable development “implies meeting the needs of the present without all of the criteria listed in the SHLAA report; compromising the ability of future generations to meet their own needs” • If there is any evidence why any of the discounted There are three dimensions to sustainability which must be considered: sites should be reconsidered, using the same criteria. Economic, Social and Environmental. If you have any sites in East Lindsey that have not been The primacy of the Local Plan (and indeed Neighbourhood Plan) has been submitted into the SHLAA process or if you would like re-established as a tool for decision making. us to make representations on a site that has been submitted but not been included in the SHLAA now is So that’s all clear then. We only have around 50 pages of national policy and the time to call. The closing date for the submission of there is a presumption in favour of development – easy. Well as you may have responses is the 28th February 2013. guessed not quite so easy.

While the guidance appears to have simplified matters in some areas, the yawning gaps left by the removal of the Planning Policy Statements and Planning Policy Guidance notes from the Secretary of State has created some problems. Local Plan Policy has little or no relevance if written before 2004 and after that date will only be relevant in so far as it does not conflict with the NPPF.

The Planning Inspectorate is alleged to be on recruitment drive to deal with the planning appeals expected as applicant and local authority debate the real In recognition of our planning meaning of the new policy. expertise JHWalter LLP are On a positive note the NPPF offers some new opportunities for development. now registered as Chartered • There is strongly stated support for rural business development (Para 28); • There is no longer any need to use a sequential approach to justify small Town Planners rural business or other small scale rural development ( Para 25); • There is support for sustainable growth and expansion through the conversion of existing buildings and well designed new buildings (Para 28); • Local Authorities should avoid new isolated homes in the countryside (as per previous policy) unless there are special circumstances eg where residential development will represent the optimal use of a heritage asset; or where the development will re-use redundant or disused buildings and lead to an enhancement of the immediate setting; or if the design was of exceptional quality or innovative (Para 55). • Policies should avoid the long term protection of sites allocated for JHWalter Planning - Ashley , Sarah Ward, employment use where there is no long term prospect of them being used Steve Catney and Daniel Elvin for that purpose and support the consideration of other uses (Para 22);

For further information on the impacts of the NPPF or to consider your development proposals further in the light of new opportunities give the 01522 504359 planning team a ring. jhwalter.co.uk/planning Steve Catney BA (Hons) Partner Planning & Environmental Consultant e [email protected] t 01522 504330

25 PLANNING Planning For Local Need In the right circumstances, a policy supported planning consent can be obtained in unsustainable locations.

While the new National Planning Policy Framework wholly supports sustainable residential development, paragraph 55 states that Local Authorities should avoid new isolated homes in the countryside. However, as has always been the case, exceptions can be made for local needs. Many are familiar with the need of an agricultural worker to live close to their livestock, however local need can also mean a dependent of an existing local inhabitant.

Recently planning consent was granted for a new dwelling in a small “non sustainable” village in .

Three generations were living in an extended house with grandmother in a small flat. Residential development Although working full time she played an important role in looking after her grandchildren. When she decided to marry, a larger property was needed in the village. opportunity for JHWalter identified a small plot of land just outside the development line on the edge unallocated sites of the village very close to the family house.

There is a window of opportunity to obtain Despite a strong defence from the local authority, they finally agreed to grant planning planning permission for housing on good sites permission for a bungalow on the site, justified by the local need. Subsequently with before local authorities have a policy in place to the principle of development established, a further application was submitted and deliver a five year housing supply. approved for a larger one and a half storey property making best use of the site.

Section 6 of the National Planning Policy Even though a site is in an unsustainable location specific circumstances can lead to a Framework charges Local Authorities to “identify policy supported planning permission. and update annually a supply of specific deliverable sites sufficient to provide five years worth of Steve Catney BA (Hons) Partner housing against their housing requirements with Planning & Environmental Consultant an additional buffer of 5%”. Where there has been e [email protected] t 01522 504330 a consistent under delivery the buffer should increase to 20% (Para 47).

Paragraph 49 goes on to state: Planning Consultants Housing applications should be considered in the & Renewable Energy context of the presumption in favour of sustainable development. Relevant policies for the supply of Advisors housing should not be considered up-to-date if the local planning authority cannot demonstrate 5 year Adding Value to property assets requires experience and expertise. Value housing supply. may be obtained by sale, conversion or through change of use and the key to achieving these gains is successful planning. The JHWalter planning team This can be interpreted to mean that if a Local brings together planning, design and agency expertise to provide our clients Authority does not have an adequate published five with the opportunity to maximise potential year supply, there is an opportunity to gain planning permission for unallocated sites as long as Our Services Include a case can be made that the site is sustainable, permission should be granted. • Planning Applications & Appeals • Strategic Development Planning If the Local Authority does not support the site, but a case can be made for a sustainable • Enforcement & Certificate of Lawful Use development, there is a good chance of gaining • Site Appraisals & Promotion permission at appeal. • Listed Buildings & Archaeology Steve Catney • Renewable Energy Projects BA (Hons) Partner Planning & Environmental Consultant e [email protected] t 01522 504330

01522 504359 or [email protected] JHWalter LLP | 1 Mint Lane | Lincoln LN1 1UD

PLANNING 26 Anaerobic Digestion - Planning Success The Flood and Water JHWalter report recent success in obtaining planning permissions for two separate Management Act 2010 agricultural anaerobic digestion plants in Lincolnshire.

The Flood and Water Management Act 2010 Anaerobic digestion (AD) is the process whereby plant and animal material (biomass) updates the Reservoirs Act 1975 which has is converted into useful products by micro-organisms in the absence of air (anaerobic). been the key legislative reference in relation Biomass is put inside sealed tanks and naturally occurring micro-organisms digest it, to reservoirs. releasing methane that can be used to provide clean renewable energy. In its very The new Act was brought about by the Floods of simple terms the plant is akin to a cow’s stomach! The digestate residue from this 2007 as it was recognised that many of the policies process is typically a pumpable material that can be separated into fibre and liquor. in the 1975 Act were irrelevant and in need of The digestate can be applied to farmland as fertiliser or soil conditioner. updating to reflect new challenges and risks. Each project will generate 4,000 megawatt hours of electricity per annum, producing Key changes which will come into force enough power for over 1,000 homes. In addition, both plants combined will save an 2 are the reduction in capacity at which a reservoir estimated 83,920 tonnes of CO over their lifetime. will be regulated from 25,000m3 above ground level to 10,000m3 above ground level.

Everyone with reservoirs over 10,000m3 will be required to register their reservoirs with the Environment Agency.

The reservoir sections of the new Act are dependent upon the development of secondary legislation before the law can be fully implemented so many of the provisions in the Act are delayed.

If you are planning a reservoir it will be beneficial to seek consent before the changes take effect as A Typical Anaerobic Digestion Plant these are likely to require more detail as part of With the possibility of future reduction in feed in tariff changes both projects were the application. driven by extremely tight timescales. With close management of the submissions along We are currently working on a number of with the development of good working relationships with Planning Officers and the reservoir applications and will be pleased to advise efficient resolution of problems along the way, both projects were delivered on time. you on the detail of the new act. In a unanimous decision by , planning consent was given for the erection of an agricultural anaerobic digestion plant. West Lindsey congratulated Daniel Elvin BA (Hons) MSc MRTPI JHWalter on the quality of the application which, they stated, should be seen as Planning Consultant “an exemplar application”. e [email protected] t 01522 504327 Planning permission was granted for a similar anaerobic digestion plant in through a very smooth process under delegated powers due to the absence of concerns and the efficient working relationship that was developed with Officers. Again, JHWalter, were thanked for “a good full and detailed application”.

It is pleasing to have obtained planning permission for both projects which are relatively large and unique forms of development in Lincolnshire. It is also satisfying to know that the hard work put in to these projects not only help support the existing farming activities on site but also provide the region with a renewable source of energy. These schemes will certainly assist the Government in reaching its targets for reducing greenhouse gas emissions and thus contributing to achieving climate change objective.

David Wright, Managing Partner and Energy Consultant at JHWalter, who is currently working on a dozen farm-based AD projects throughout the UK explains, “There is remarkable activity in the Anaerobic Digestion sector at the present time and we are delighted with this positive planning outcome in Lincolnshire. One thing is certain is that AD can provide remarkable potential as an investment model and funding is not the problem one might expect”.

Ashley Langrick BA (Hons) Dip TRP MRTPI Planning Consultant e [email protected] t 01522 504352

27 PLANNING Farm Based AD – Why so attractive? Pre-Accreditation With little fanfare 2012 has been quite a year. One way The AD model is more complex than wind and solar, pre-accreditation has been rolled and another we have been working on but the returns are attractive - supported by out by Ofgem. This provides some over 10mW of AD capacity reasonable energy support tariffs. The current surge extremely effective support for (existing and planned) – enough power is due to the likely reduction in tariff levels at the sub projects needing the certainty of for over 20,000 houses. In 2013 we at 500kW level in 2014, more appropriate technology locking into an existing FIT rate JHW will see a significant increase in at sub 250kW and better understanding of the before they commit to technology plants around the country, some purely opportunities demonstrated by existing plants, many funding. In simple terms a project farm based, others more commercial. of which are expanding. can now secure pre-accreditation So why is this happening and is there Some project elements are essential but others can provided that it has planning still potential? significantly enhance the returns: permission and a grid agreement. Having obtained pre-accreditation Essentials Return Enhancing the current FIT will be secure for Grid Access Heat requirements a period of time – 6 months for Secure Feedstocks Alternative “low-cost” feedstocks solar and a year for wind and AD. Funding Existing feedstock storage Existing liquid storage There are of course some pit-falls On-site power requirement in terms of timing of application Sufficient land for digestate application and maximising the validity period for the current FIT. In addition, As a developer you need to decide on what the drivers are – commercial investment; securing risks of delaying pre-accreditation power; utilising “waste”. The scale and nature of the plant will differ accordingly. What is clear is need to be considered against that you do not have to put your farm entirely down to maize for AD to be viable – in fact this maximising the validity period and would not be advisable and there are a variety of options. changes to the pre-accreditation What is very welcome is the development of the sub 250kW systems which are well suited to proposal. The speed at which manure based systems and can be installed on a modular basis allowing for easy expansion. Clearly pre-accreditation is processed is capital costs are much lower and the effects upon the existing farm business correspondingly lower. of course an unknown. Those who have gone through accreditation Gas injection is becoming more viable at smaller scale as the experience with plants begins to grow will know that timescales are and the grid operators add their support to a system which is increasingly viable. Plant extensions not short…. may well be better looking at gas than direct power – especially if the initial plant was 500kW and there is no heat requirement on site. We are now applying for In terms of returns we are seeing rates of returns between 15% and 20%. Where heat can be pre-accreditation for clients used returns could be higher – see article on the RHI. So, payback in 6 or so years and at the for more information contact…. 500kW level annual income for power (based on current FIT levels) of £750K+ per year. David Wright BSc (Hons) MBIAC MIAgrM As ever with renewables one thing is clear, standing on the sidelines watching means you may Managing Partner, Energy Consultant miss the boat. Apologies for the mixed metaphor, but if you have an interest, making a move now e [email protected] t 01522 504321 is essential. Pre-accreditation with Ofgem, to lock into existing FIT rates offers some additional security, but again timing will be important.

ENERGY 28 Rooftop Solar PV Wind Producing electrical energy for Producing electrical energy for own use and/or grid export own use and/or grid export Size; 2kWp upwards Sizes 10kw – 500kw+ Cost; variable on size Costs £50k – £1.2m Returns; 8 -12% Self develop or lease options available Payback 8 years Returns 8% – 20% Requiring; roof space facing Payback 4 yrs + depending on southwest to southeast windspeed Planning: Some permitted Requires – stand off from nearby development rights, properties varies from confirmation required 150m – 500m. Next step: speak to Planning: Required JHWalter Energy Next Steps: Free JHWalter Wind Energy Desktop to assess initial site suitability.

Biomass Ideal heating source for those off the gas network Variety of fuel sources Wood Pellets, Chips, Logs and Straw Possible to supply some or all of own fuel from own wood chips or Miscanthus Potential to supply multiple buildings Supported by; RHI for commercial installations (Domestics from late 2013) Costs; variable dependant on site. Planning: Sometimes required. Next Step: speak to JHWalter Energy

01522 504359 energy.jhwalter.co.uk

JHWalter Energy - Tim Saunders, Jamie Lambert, Sarah Ward, David Wright and Alfie Yeatman

29 ENERGY Anaerobic Digestion Electrical and Heat outputs from CHP Farm Energy Solutions or Biogas to grid injection Sizes 25kW – 5MW Inputs, Veg, food and farm wastes Solar PV Farms and energy crops Producing electrical energy for Costs: Project specific own use and/or grid export Payback 4 years+ Ranging from 250kWp – 30MWp Returns: 8% - 20 % Costs: variable on size Next Step: Free JHWalter AD Self develop or lease options Desktop Appraisal available Returns 8%-11% Payback 8 years Requiring 1 acre – 150 acres, 3 phase grid connection ideally at 33kv,11kv can also be suitable Planning: Required Next Step: Undertake a free JHWalter Solar Desktop appraisal

Hydro Reliable all year round electricity production for own use and or grid export from water turbine. New or existing sites with suitable flow and head of pressure. Technology available for all scales Costs: Project Specific Variable Returns; Planning: Required, Environmental Agency. A consent also needed. Next step: Contact JHWalter to talk about a feasibility study.

Heat Pumps Ground, Water and Air Source Heat pumps available Providing Space Heating and Hot Water Solar Thermal Ideal for more modern or Domestic and Commercial upgraded buildings off the gas applications requiring large volumes network, no fuel deliveries required. of hot water Supported by; RHI for commercial Supported by the RHI. installations (Domestics from late Costs: vary from £4k upwards 2013) Return; 10% possible Costs; variable dependant on site. Payback: 6 – 8 years Planning: Sometimes required. Planning: Some permitted Next Step: speak to JHWalter Energy development rights, confirmation required Next Step: JHWalter feasibility study

ENERGY 30 Energy Storage - 3) Solar inverters with integrated short term storage by Lead Gel and Lithium Ion batteries are now available. These batteries store energy generated in the day, for use at night. Payback times are long at the An impossible dream moment but are within the tariff period for a PV system and are partially suited to those with low daytime usage or where grid reliabil- or practical reality? ity is poor. 4) Storage via extended range electrical Vehicles. Essentially storing energy in a vehicle battery. Extended Range Vehicles are available from Chevrolet and Vauxhall. Stored energy can provide around 35 miles per charge. Lightweight all electric cars and delivery vehicles such as the What options are there available for a household or business to Nissan Leaf are available with range of up to 70 miles. Tesla will launch maximise the use of renewable energy they generate? their 300 mile range car in Autumn 2013.

1) Smarter usage. The first step is to maximise your own usage. Smart At a slightly larger scale, hydrogen storage and fuel cell technologies plugs which operate appliances when they sense generated power are will be available over the next few years for integration into onsite available, can help with this. energy systems. This is either by using the hydrogen produced as fuel or converting it back to electricity by combining it with oxygen in a 2) Hot Water Storage. A sensor can divert excess power to an electric fuel cell. immersion to heat a tank of hot water. This can easily be fitted and the cost can be repaid within a year or two. To clarify your energy saving options call our Energy Team.

Alternatives to Oil and LPG using Heat Pumps. Renewable Heat For more modern or upgraded buildings off the gas network, heat pumps can be an excellent Are you concerned about rising heating oil or liquid propane gas costs? Have you choice. Heat pumps power low temperature considered switching to a renewable heat source instead? Do you have your heating systems such as underfloor heating or own supply of logs, wood chips, or other combustible material such as straw? low temperature radiators. They require little Perhaps you are thinking of using a heat pump? maintenance and are supported by the RHI. There are three key types available each defined Biomass by its heat source.

At the most basic level a log burning stove offers a simple solution and is ideal to heat • Ground source powered by pipework buried just one or two rooms and potentially hot water with a back boiler. trenches or boreholes For those looking at systems capable of heating a whole house, a commercial building or • Water source powered by pipework in a river a series of buildings, the Renewable Heat Incentive (RHI) provides ongoing financial sup- or pond port for commercial premises now, and from Autumn 2013, for domestic use. • Air source powered by the air. The RHI provides a payment per unit of heat delivered over 20 years for commercial Air source are the easiest to fit in an existing projects and 7 years for the domestic sector. building as much of the equipment is placed There a number of key questions to consider when considering a biomass system. outside, but ground and water source heat pumps are the most effective. System costs vary • What Fuel type would be used? Wood Pellet, Wood Chips, Logs, Waste wood, Miscanthus, considerably but start from around £6,000. Straw? If you are going to be buying most or all of your fuel look for a local supplier. • Will the boiler be fed automatically or will manual loading be required? Wood pellet and Generally heat pump installations do not need Chip systems can be automated. Log and straw boilers require batch loading. planning permission, but building regulations • What is the available space? Biomass boilers are larger than gas or oil boilers. A larger do apply. storage space means fewer deliveries, cheaper fuel rates and easier operation. A specific store may need to be built internally or externally. If you would like to review the options for your • To maximise the efficiency of a biomass boiler system, heat storage is often incorporated property call our energy team. in the central heating system. This will improve the way the boiler responds to a fluctuating demand for heat and hot water, and can allow integration of other heat sources Tim Saunders BSc (Hons) Dip URP such as solar thermal panels. Renewables Manager • Planning and Building Regulations: All wood heating systems have to comply with the e [email protected] t 01522 504315 Building Regulations but do not generally require planning permission. Permission is needed if the flue is 1 metre above the roof height or where it is installed both on the principal elevation and visible from a road or if you are in a conservation area. Those who live in a smoke control zone will need to use an exempted appliance designed to burn with very low emissions. • Aesthetics. There is a huge range of boilers and stoves on the market. Some simple, some complex. There are those designed for display as a centrepiece to a room and some which can run on a whole range of biomass fuels.

31 ENERGY New Era for Wind Turbines

The Government finally published Phase 2 of the Feed-in Tariff (FiT) review in July 2012, which focused on wind energy, hydro and anaerobic digestion. The findings of the review brought about the reduction of FiT rates for wind turbines by around 15% last December.

FiT rates from 1st December 2012

Scale Current Tariff (p/kWh) Tariff from 01/12/12 >15 - 100 kW 25.4 21.0 >100 - 500 kW 20.6 17.5 >500 kW – 1.5MW 10.4 9.5 >1.5 MW – 5MW 4.9 4.48

The government has also introduced a systematic degression of the FiT rates dependent on deployment levels.

From April 2014 the tariff rates for each of the bands will depend on deployment levels in the previous year, and if the levels are significantly exceeded, the cuts will be greater. Preliminary Accreditation has also been introduced allowing an applicant to receive the tariff applicable at the time they applied rather than when full accreditation is granted. (Solar is already subject to deployment degressions)

The reaction from the wind sector and developers has been mixed, with many bitterly disappointed that the FiTs have been reduced. Nonetheless, the FiT rates still provide Some Like it Hot! very good financial returns, particularly for a turbine in 100 to 500 kW band installed before April 2014.

No, sorry nothing to do with Marilyn Monroe. If you are considering a wind turbine for your property the sooner you act the better the returns will be. After a seeming eternity, consultation was announced at the end of the summer over the Our energy team will be please to help you to assess the potential on your land. domestic Renewable Heat Incentive (RHI) and the extension to the commercial RHI. In terms of timetable the response to the consultation Wind Turbines – The Age-Old Debate closed last December and introduction of the The public’s perception of wind turbines is never far from the national and local scheme will be summer 2013 – which in press headlines. They have returned again recently following the Conservative government speak means September. Energy Minister, John Hayes, claiming that there are ‘enough’ onshore wind farms in the UK. This has led to inevitable divisions in the Coalition Government and a Of particular interest to our clients are the prompt reaction from Energy Secretary Ed Davey and the Prime Minister that ‘the proposed introductions of biomas direct air government is still committed to renewables including onshore wind’. Many national heating and biogas heating for AD units over newspapers have also criticised wind turbines, stating the noise, shadow flicker and 200 kW. The proposed tariff rates for the latter visual impacts cause intrusion on communities. County Councils across the country, look interesting, although there is still far to go including in Lincolnshire, have also criticised turbines for the same reasons. before these can be relied upon. The fact that pasteurisation is an eligible process for the RHI Although there is a lot of negative press and ill-feeling towards wind turbines, it is means that some interesting calculations can be important to remember that they provide a significant part of the UK’s renewables made for utilisation of heat within the AD mix. Ed Davey and the Prime Minister have both stated that turbines are process as opposed to seeking external uses. ‘the cheapest available major renewable source’ and are vital as a ‘clean’ and ‘secure’ There is still much detail to unravel, but already alternative to oil, especially as the abundance of oil in the North Sea diminishes. we are advising on potential structuring of plants The National Planning Policy Framework for the UK also supports all forms of and metering to take advantage of what should renewable energy (including turbines) in appropriate places. be forthcoming later next year. The Energy Regulator, Ofgem has warned that due to the predicted cut in spare capacity over the next three years, the UK could experience power cuts as early There is a suggestion that Ofgem will drop the as Winter 2015-2016. This could leave Britain relying more on imported gas with requirement for a process to be in a building… significant increases in energy prices. ..does this mean outdoor swimming pools will now become eligible…….. So we return to the age-old debate; would we sooner have electricity to power our lives and learn to live with wind turbines and other renewable technologies, or face David Wright increasing energy bills and the prospect of power cuts. BSc (Hons) MBIAC MIAgrM Managing Partner, Energy Consultant e [email protected] James Lambert t 01522 504321 BSc (Hons) AIEMA Energy Consultant e [email protected] t 01522 504329 ENERGY 32 What Future Renewables? What will shale gas mean for Speaking at a recent renewables event, I found myself sharing the the East Midlands platform with Conservative Minister John Hayes. After the spat between Early details of a report from the British Geological Survey him and Ed Davey the Liberal Democrat Energy Secretary in November indicates the UK contains shale gas reserves of £1.5 2012 when John Hayes insisted no more on shore wind farms would be trillion. News sources are awash with stories debating shale built beyond those already planned, I was intrigued to see what he gas. But what does this mean for landowners? would or would not say about government support. Plenty of words but one was left wondering whether there was a clear message. To gain access to the shale gas contained in underground rock, The following week saw the publication of the Energy Bill which clearly a hydraulic fracturing or ‘fracking’ process is employed. This represented something of a compromise at the macro level. However, involves pumping a well with large quantities of water, sand and support remains in place for renewables in terms of achieving 2020 chemicals to fracture the rock and release the gas. The process targets and the debate will continue over those for 2030. is currently permitted in the UK, despite causing two minor earthquakes in the North West. The increase in the Levy Control Framework is welcomed as this underlines financial support for the sector as well as nuclear and Aside from the safety concern from earthquakes, 632 carbon capture. Of course there has been much in the press about chemicals have been indentified to be used in the fracking how significant this cost is on household bills. However the Renewable process. When the fluid returns to the surface it could affect Energy Association reported that in 2012 “households will pay £22 to groundwater quality unless strict management is in place. As a ensure that 10% of their electricity comes from renewables. With costs result locations hydraulically isolated from other geological reducing in most forms of renewable power….., it should be clear that formations are preferred. Experience in the US suggests securing 30% of our electricity in 2020 will be cheaper than many proximity to a shale gas well can affect local house prices. reports suggest” The British Geological Survey indicates the East Midlands Falling capital costs in some sectors combined with increasing potentially has a large amount of shale gas. However, under opportunities to benefit from heat in others mean that whilst the the Petroleum Act 1988, the gas belongs to the Crown and December FIT tariff reductions have been significant, there are still not the landowner. To initiate extraction firstly a licence needs attractive returns to be obtained and future reductions in tariffs have to be obtained between the Department of Energy and been well flagged to provide a better understanding of future support. Climate Change which grants exclusive rights in set areas. Secondly, a planning permission is required and is likely to So the sector remains a bright and attractive investment opportunity. require an Environmental Permit. When an extraction Rueing what was previously available will not benefit sensible company gains rights to extract they will negotiate with the commercial decisions. Look forwards and move on. landowners for any necessary surface rights. If negotiations fail ancillary rights can be granted by the court subject to David Wright Alfie Yeatman appropriate compensation. BSc (Hons) MBIAC MIAgrM MPlan (Hons) Managing Partner, Energy Consultant Graduate Planner e [email protected] e [email protected] Shale gas is in its infancy in the UK and will be likely to polarise t 01522 504321 t 01522 504312 opinion by promising to provide a significant amount of energy, whilst threatening considerable environmental impact. The affect on the East Midlands is yet to be determined,

Renewable Energy Specialists Supporting Project Delivery Every Step of the Way Track Record 11kW to 500kW Wind Turbines - COMMISSIONED 500kW to 3MW Anaerobic Digestion - APPROVED & COMMISSIONED 40+ Commercial Solar PV up to 3.2MW - COMMISSIONED Services Independent Technology Advice, Feasibility, Planning, Funding, Project Management

T: 01522 504359 E: [email protected] W: energy.jhwalter.co.uk

33 ENERGY Practice News Green Energy Lincs 2012 At the Shows

JHWalter are proud sponsors of the Southwell Ploughing Match & Show which took place at Averham on a keen autumnal day at the end of September. Farmers from all over the region flocked to Averham to compete for a series of prizes including the best ploughman, in addition to exhibitors and competitors who proudly showed their livestock. The JHWalter marquee looked out over the main ring and was full with clients, friends, fellow professionals and families enjoying some refreshment. The 2013 show will be held at Blidworth Dale, Ravenshead, Nottinghamshire on Saturday 28th September.

David Wright - JHWalter

The EPIC centre was the venue for Green Energy Lincs in November 2012, aimed at raising awareness of renewable energy opportunities in Lincolnshire. The keynote speaker was Energy Minister, John Hayes MP and David Wright was selected to speak about opportunities for farm based Anaerobic Digestion. David is also one of the Anaerobic Digestion and Biogas Association’s approved consultants for farm based AD.

Southwell ploughing match 2012 Breakfasts Seminars

Around 26,000 visitors passed through the gates at Our programme of Energy breakfasts included a joint cereals. The two JHWalter stands were buzzing breakfast seminar with LloydsTSB, Chattertons and throughout the show and served bacon baps in the JHWalter at The Petwood, on “How to Profit morning and a lunchtime Hog Roast. The 2013 event from Renewable Energy”. The JHWalter team provided an will again be held at Boothby Graffoe and we look overview of current technologies, their respective business forward to welcoming you to our stands on 12th and 13th June in the case and necessary procedure to ensure a project is Business area and the Renewables area. successfully installed.

The JHWalter Rural team joined Woldgrain and other industry experts at a breakfast discussion at Hemswell Court to discuss farming in the next 20 years and how cooperation and collaboration in storage could benefit the farming business. Delegates were given the opportunity to hear presentations on how a small fish survives in a global pond from Tim Davies, Openfield; Allan Wilkinson, HSBC; Chris Hunt, Forrester Boyd and Mark Coulman, JHWalter.

If you wish to be kept informed of future events, please contact Kate Wells to be added to our circulation list.

JHWalter exhibited at Lamma, the UK’s leading farm machinery equipment and services show, which is took place at the Newark Showground in January 2013. Nextgen Exhibition Flying the Flag for Team GB

Thousands of delegates interested in bioenergy solutions and JHWalter wish Ashley Boyles and the Boyles Ploughing team microgeneration technologies gathered at Stoneleigh Park in October for from the very best of luck at the World nextgen, a two day conference and exhibition. The JHWalter Energy team Ploughing Championships in Canada in July 2013 where he were amongst 300 exhibitors giving advice to delegates who included will be flying the flag for Great Britain. Ashley has won his farmers, land owners, food processors, installers, architects, engineers and third British title and is the youngest person in England to end users. David Wright, was amongst speakers from government and achieve this with his goal firmly set to become industry selected to offer insight into the future shape and size of the World Champion. renewables market in the UK and Europe.

NEWS 34 Practice Appointments Open Day

JHWalter has offered several internships and we welcome Supports enquiries from students or young people seeking experience in Property, Business, Planning or Energy. Lincolnshire Alfie Yeatman Rural Support MPlan (Hons) Graduate Planner e [email protected] Network t 01522 504312 £300 was received in donations for the Lincolnshire Rural Support Alfie Yeatman joined for a Renewables internship to Network at a recent wind turbine open day. April 2012 saw the support the Energy and Planning team. He has graduated last completion of Arlington Farming’s 500kW EWT Wind Turbine on land near Autumn from the University of Liverpool after completing a Caunton, Nottinghamshire and Michael Arlington kindly opened the doors Masters in Town and Regional Planning and has strong interest for those interested in seeing the turbine in action. in both agriculture and renewable energy. We also welcome to the practice: The EWT 500kW turbine at Caunton is available at a variety of hub heights from 35 metres to 75 metres to suit different site requirements. Daniel Elvin The Caunton turbine is 75 metres tall and is an example of how the latest BA (Hons) MSc MRTPI direct drive turbine work totally automatically with virtually no noise. Planning Consultant e [email protected] t 01522 504327

Dan Elvin as Planning Consultant. Prior to his role with us, Dan worked as a Planner for a private property development company in Sheffield and was involved in a wide range of planning and development work throughout the country. He has a Degree in Town Planning from the University of Newcastle-Upon-Tyne and a Masters Degree from Sheffield Hallam University in Urban and Regional Planning. He is a Chartered Member of the Royal Town Planning Institute.

Alistair Skinner BA (Hons) Senior Sales Negotiator e [email protected] t 01522 504309

Alistair Skinner as Senior Sales Negotiator. He has former experience as a valuer and sales negotiator covering areas across North Nottinghamshire and South Yorkshire dealing with unique properties ranging from cottages through to stately homes and he holds a BA (Hons) in Business Information Management.

Fran Thornton BA (Hons) Graphic Designer e [email protected] t 01522 504307

Fran Thornton as in-house Graphic Designer is responsible Lincoln Inspired is a new arts festival which takes place 7-13 May for the design of publications, sales boards, brochures, reports 2013 and is funded through public donations and sponsorship. and advertising. He holds a BA (Hons) in Illustration and has The festival will host events centred around words, ranging from worked in many different areas within the industry, ranging from children's book illustration through to office stationery art, comedy, conversation, books, theatre, music and and has been commissioned for a variety of paintings performance and will showcase the very best local and national and murals. talent. For more information visit www.lincolninspired.co.uk

35 NEWS Aiming to be Chartered Alice Hayes’ Journey from A-levels to Graduate Surveyor – the unconventional route!

My interest in surveying was initially aroused by three I began working for JHWalter in May 2012 and along with Charles influential individuals: my father, a Lincolnshire farmer, who had Alexander will be sitting my Assessment of Professional Competence in watched my interest in rural issues grow as I went from September 2013 which enables you to become accredited with the Royal childhood into adolescence; my uncle, a commercial surveyor in Institute of Chartered Surveyors. It is the professional standard within the Essex who specialises in retail property, and who liked to believe industry and independent, unaccompanied practise is not possible that I showed all the qualities of a commercial surveyor, and without it. thirdly a friend who I met on a family holiday who informed me The APC consists of three elements. that surveying was ‘a good laugh, full of client entertainment and boozy lunches’ (these were the pre 2007 days after all). • Firstly you must submit written templates of your chosen competencies demonstrating your capability in each one. For example, I personally wish I was certain that surveying was the career path for me to specialise in Landlord and Tenant and Valuation amongst other things – I knew that my heart was in the country, but at the same time which means I must demonstrate my knowledge using examples in each the bright lights of the city tempted me. An undergraduate of these spheres. course in Commercial Surveying at Oxford Brookes appeared to forge my pathway. How could I ever be a Rural Surveyor without • I must then write a 3,000 word critical analysis on a project that I have a degree from Reading or Cirencester? My future at this point worked on during my time as a graduate surveyor. It must describe a looked very commercial. problem that I have come across, analyse this problem and demonstrate But then things changed. At the end of my final year of clearly the way that I dealt with it in order to reflect my own university, I did a week’s work experience here at JHWalter. professional competence. I attended meetings about succession planning, went out on a valuation of an agricultural property and even did some • The above two fundamentals are then amalgamated into a third commercial work – all the specialisms I enjoyed under one roof! I ‘interview stage’ where three members of the RICS interview the felt swayed towards a career in rural but shortly after my time at candidate based on experience discussed within their templates and JHWalter I was offered a surveying job within a London Firm critical analysis. This will last for approximately an hour and by all whose Graduate Scheme I had applied for earlier in the year. accounts it is pretty gruelling!

One year in London quickly taught me that I was not the type of Here at JHWalter, Charles and I are lucky enough to have the back up of an person who enjoyed being trapped in an enormous corporate experienced team to guide us through the APC preparation process. Every office with strip lighting and cold air conditioning for eleven hours other week we have an assessment hour where Tim and Ellie test us on a a day and the opportunity for a position as a rural surveyor with relevant topic so revision is always endless. We have weekly meetings with JHWalter could not come fast enough. Of course when Tim our counsellors and I spend half an hour every Monday with Ellie in order Atkinson let me know of a potential vacancy with the firm to identify gaps in my knowledge and to ascertain areas within the business I jumped at the opportunity. where I need to gain more experience.

All this besides, the most important factor in this whole process is independent study. Without relevant revision and reading, a general professional knowledge cannot be established and the whole point of the assessment is to prove your professional competency.

To conclude, my route in rural surveying was not conventional. I did not go to agricultural college and I only wear tweed once a week (or sometimes less)!! I am the first to admit that I am not your stereotypical rural surveyor but I am very passionate about my career. I love my job and I am prepared to work hard for what lies ahead. I truly believe that you should follow your instinct even if your circumstances are different to the norm, as it has certainly worked out well for me!

Alice Hayes BSc (Hons) Graduate Surveyor e [email protected] t 01522 504355

NEWS 36 News

Lincoln Cathedral will be hosting the European Stone Festival, by kind permission of the Dean and Chapter on 22 and 23 June 2013. They will welcome up to 150 stonemasons and stone carvers from all over Europe. The European Stone Festival has been held annually since 1999, and is hosted in a different country each year. The last time it was held in the UK was at Canterbury Cathedral ten years ago. The public will be have the rare opportunity to watch some of the best European craftsmen carving pieces to the theme of “Food and Farming”. The carvings will be auctioned off by Ian Walter on the Sunday afternoon with the aim to raise over £15,000 on the day towards the cost of the event and with the surplus supporting the Cathedral Fabric Fund for the restoration of the North West Turret. The setting will be the East Green of Lincoln Cathedral and will be open to the general public; entry will be free of charge. www.lincolncathedral.com www.stein-festival.de

From Farm to Fashion

JHW client’s Martin and Clare Stanger of Dry Doddington have seen their herd of coloured huacaya alpacas grow in size from four to eighty in seven years. Clare provides an interesting glimpse into the process from Farm to Fashion. “We live on a farm in a small village in Lincolnshire. Seven years ago we decided to take the plunge and buy four beautiful alpacas; it was a way of diversifying and we wanted something that was family friendly. So J and J Alpacas was born using the initials of our children. We picked an alpaca each, Luminaria, Skylark, Coco Chanel and Mississippi Moonlight and our adventure began. Owning these gorgeous animals is a joy and the fleece they produce is amazing, the Peruvians call it the “fibre of the Gods”. Apprentice Stonemason from Lincoln Cathedral Stonemasonry, Adam Wilcockson, So soft and luxurious, it is said to be stronger than mohair, finer at the 2012 Event Trondheim, Norway than cashmere, softer than cotton, smoother than silk, warmer than goose down and breathes better than thermal knits. The herd now is over 80 of all different colours. After shearing St Hugh’s Turret we clean the fleeces and have them processed at an alpaca mini mill in and then knit the wool into scarves, cowls, hats, In our summer News Briefing we highlighted the restoration project of St gloves and shrugs. Each alpaca fleece is spun individually so we Hugh’s Turret, originally built using donations from the local community. can only make 8 or 10 items out of one fleece and we do not The entire project is set to take the next 5 years to complete and will make more than 3 of any design so this makes the items cost approximately £2.5 million, which will include work needed on the exclusive, our colours are named after their alpaca. This year North West turret on the opposite side of the building in 2013 and 2014. some of the colours added to our range are Clementine and Persia, Celeste, Sapphire, Kiki, Frazer, Kitt, Lucia, Charity, Hope and Ruby Tuesday.”

Clare Stanger JandJ Alpacas www.jandjalpacas.co.uk www.alpacascarves.co.uk

37 NEWS PROPERTY | BUSINESS | PLANNING | ENERGY

Thank you for reading our latest edition of Property and Business. We hope that it has been of interest and look forward to assisting you when you need our services.

PROPERTY BUSINESS PLANNING CONTACT Land Agency Strategic Business Planning Town & Country Planning Residential Agency Farm Management Enforcement Residential Letting Contract Farming Application & Appeal JHWalter LLP 1 Mint Lane Commercial Agency Insolvency Support Listed Buildings Lincoln LN1 1UD The County Property Auction Plant & Machinery Auction Certificate of Lawful Use Property Purchase Annual Stocktaking Archaeology DX 11056 Lincoln 1 Business Development Advice Renewable Energy Property Investment E [email protected] Valuation Budgeting & Cashflow Strategic Development Planning Succession Planning Business Appraisal Site Appraisal & Promotion T 01522 526526 Landlord & Tenant CAP Reform F 01522 512720 Rent Review Enterprise Assessment ENERGY Lease Renewals Feasibility Study Wind Turbines www.jhwalter.co.uk Dilapidation Claims Financial Management Anaerobic Digestion Compulsory Purchase Funding & Finance Photovoltaics Compensation Grant Application Biomass & District Heating Estate Management Irrigation Efficiency Independent Advice & Feasibility Expert Witness Non-Executive Director Business Support Planning Telecommunications Product Innovation & Route to Market Funding Arbitration Project Management Project Co Ordination Survey and Mapping Single Payment Environmental Permitting Succession Planning & Business Handover Thermal Imaging Survey Meet the front line team...

Ian Walter David Wright Tim Atkinson BSc (Hons) CEnv FRICS FAAV BSc (Hons) MBIAC MIAgrM BSc (Hons) MRICS FAAV Senior Partner, Chartered Surveyor Managing Partner, Energy Consultant Partner, Chartered Surveyor e [email protected] e [email protected] e [email protected] t 01522 504333 t 01522 504321 t 01522 504313

Ellie Allwood John Elliott Simon Smith BSc (Hons) LLM MRICS FAAV BSc (Hons) MRICS ACIArb MNAEA Partner, Chartered Surveyor Partner, Chartered Surveyor Partner, Residential Property e [email protected] e [email protected] e [email protected] t 01522 504320 t 01522 504303 t 01522 504354

Steve Catney James Mulhall Mark Coulman BA (Hons) Partner, Planning & BA MNAEA MNAVA BSc (Hons) MIOD Environmental Consultant Associate, Property Auctions Associate, Business Consultant e [email protected] e [email protected] e [email protected] t 01522 504330 t 01522 504318 t 01522 504322

Linda Allatt Alistair Skinner Lois Simpson LREA MNAEA BA (Hons) Residential Sales Consultant Residential Sales Consultant Senior Sales Negotiator e [email protected] e [email protected] e [email protected] t 01522 504345 t 01522 504305 t 01522 504309

Ellen Dorman Tim Saunders Ashley Langrick Residential Lettings Manager BSc (Hons) Dip URP BA (Hons) Dip TRP MRTPI e [email protected] Renewables Manager Planning Consultant t 01522 504316 e [email protected] e [email protected] t 01522 504315 t 01522 504352

James Lambert Mike Johnson Ambrose Fowler BSc (Hons) AIEMA Business Consultant MRICS FAAV MRAC Energy Consultant e [email protected] Chartered Surveyor e [email protected] t 01522 504325 e [email protected] t 01522 504329 t 01522 504308

Charles Alexander Alice Hayes Daniel Elvin BSc (Hons) BSc (Hons) BA (Hons) MSc MRTPI Graduate Surveyor Graduate Surveyor Planning Consultant e [email protected] e [email protected] e [email protected] t 01522 504319 t 01522 504355 t 01522 504327

Alfie Yeatman Janet Harvey Denise Reeson MPlan (Hons) Auction Administrator AlnstAM(Dip) Graduate Planner e [email protected] Personal Assistant e [email protected] t 01522 504326 e [email protected] t 01522 504312 t 01522 504310

JHWalter LLP | Registered office 1 Mint Lane, Lincoln LN1 1UD Registered in England and Wales | Reg No. 0C334615 | Regulated by RICS We use the term ‘partner’ to denote a member of JHWalter LLP