BSS/12/01 Farms Estate Committee 9 February 2012 the COUNTY FARMS ESTATE Report of the Head of Business Strategy and Support
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BSS/12/01 Farms Estate Committee 9 February 2012 THE COUNTY FARMS ESTATE MANAGEMENT AND RESTRUCTURING ISSUES Report of the Head of Business Strategy and Support Recommendation(s): Please note the following recommendation(s) are subject to consideration and determination by the Committee before taking effect. That the Committee approves The recommendations as set out in the opening paragraphs of sections 1, 2, 3 and 4 of this report. 1.0 Little Allercombe Farm, Rockbeare 1.1 It is recommended that: (i) The land and buildings at Little Allercombe Farm, Rockbeare be offered to the tenant of Topshayes Farm, Aylesbeare on a eleven year Farm Business Tenancy Agreement commencing 25 March 2012 and terminating 25 March 2023, subject to terms being agreed. 1.2 The Rockbeare Estate comprises: (i) Land & buildings at Little Allercombe – 49.95 ac (20.21 ha) (ii) New Ford Farm – 116.48 ac (47.14 ha) (iii) Land at Westcott – 59.06 ac (23.90 ha) Total - 225.49 ac (91.25 ha) 1.3 The former Estate Plan designated the land at Little Allercombe for retention to be amalgamated to New Ford Farm under the ‘land migration’ strategy ie it was to be farmed by the tenant of New Ford Farm as away land but if an opportunity arose to buy land adjacent to New Ford Farm, the Little Allercombe land would be sold to finance the acquisition on an in/out basis. 1.4 However, as part of a relocation package to move to Topshayes Farm at 29 September 2001, it was agreed with the tenant of that holding that he would be given first refusal of taking a tenancy of Little Allercombe Farm each year subject to terms being agreed. 1.5 The tenant of Topshayes Farm subsequently took successive 12 month Farm Business Tenancies of the land at Little Allercombe Farm until 25 March 2006 when, for strategic estate management purposes, members resolved under minute ref. FE/197(b) that: ‘that the land and buildings at Little Allercombe Farm, Rockbeare be offered to the tenant of Topshayes Farm, on a six year Farm Business Tenancy Agreement to commence 25 March 2005, subject to terms being agreed; such an agreement should contain a break clause enabling the landlord the opportunity to sell the land and buildings with vacant possession should it be required in pursuance of the Estate Strategy land migration policy’. 1.6 Members of the committee will recall resolving at the meeting of 17 November 2010, minute ref FE/53(b): (i) That the tenant of Topshayes Farm, Aylesbeare be offered a further but final ten year Farm Business Tenancy of the holding for a term commencing 25 March 2013 and terminating 25 March 2023, subject to terms being agreed. 1.7 Accordingly therefore in keeping with the relocation package agreed with the tenant of Topshayes Farm in 2001 it is recommended that he be offered a further tenancy of the land and buildings at Little Allercombe Farm to co-terminate with his tenancy of the main holding. 2.0 Southwoods Farm, Uffculme 2.1 It is recommended that: (i) The land at Southwoods Farm, Uffculme be offered to the tenant of Great Southdown Farm, Burlescombe on a four year Farm Business Tenancy Agreement commencing 25 March 2013 and terminating 25 March 2017, subject to terms being agreed. 2.2 The Uffculme Estate comprises: Land at Southwoods Farm – 71.11 acres (28.76 hectares) Total – 71.11 acres (28.76 hectares) 2.3 The former Estate Plan designated the land at Southwoods Farm for retention to be amalgamated to Dungeons Farm, Cullompton under the ‘land migration’ strategy ie it was to be farmed by the tenant of Dungeons Farm as away land but if an opportunity arose to buy land adjacent to Dungeons Farm, the Southwoods land would be sold to finance the acquisition on an in/out basis. 2.4 The Southwoods Farm land was advertised to let to existing tenants within reasonable proximity of it at the same time as Dungeons Farm was relet. The successful applicant for the tenancy of Dungeons Farm declined the opportunity to rent the Southwoods land. 2.5 As a consequence, members of the Farms Estate (Interviewing) Committee resolved at a meeting held on 25 April 2006 and under minute reference FE/42(b) that: ‘a six year Farm Business Tenancy commencing 25 March 2007 of the land at Southwoods Farm, Uffculme be offered to Mr x of Great Southdown Farm, Burlescombe at an annual rent of £x, Subject to terms being agreed’. 2.6 The tenant of Great Southdown Farm, Burlescombe has requested he be granted a further tenancy of the land at Southwoods Farm. A further four year tenancy will co-terminate with the tenancy of Dungeons Farm enabling the land to be amalgamated with Dungeons Farm or at least competitively tendered at that time between potentially interested existing tenants within the locality. 3.0 Land at Combefishacre Farm, Ipplepen 3.1 It is recommended that: (i) The 34.40 acres of land or thereabouts at Combefishacre Farm, Ipplepen be offered to the tenant of Bulleigh Elms Farm, Ipplepen on a five year Farm Business Tenancy Agreement commencing 25 March 2012 and terminating 25 March 2017, subject to terms being agreed. 3.2 The Ipplepen Estate comprises: Bulleigh Elms Farm – 212.89 acres (86.16 hectares) Land at Combefishacre Farm – 34.40 acres (13.92 hectares) Total – 247.29 acres (100.08 hectares) 3.3 The former Estate Plan designated 34.40 acres of land at Combefishacre Farm, Ipplepen for retention to be amalgamated to Coppa Dolla Farm, Denbury under the ‘land migration’ strategy ie it was to be farmed by the tenant of Coppa Dolla Farm as away land but if an opportunity arose to buy land adjacent to Coppa Dolla Farm, the Combefishacre land would be sold to finance the acquisition on an in/out basis. 3.4 The County Farms Estate Committee resolved at a meeting held on 16 April 2004 under minute reference FE/150(b)(vi): ‘that an annual Farm Business Tenancy be granted, of some 34.40 acres of retained land to the south west of Combesfishacre farmstead, to the tenant of Coppa Dolla Farm subject to terms being agreed’. 3.5 The former tenant of Coppa Dolla farmed the land at Combefishacre for a term of 12 months expiring 25 March 2006. At that time, he notified the Authority that he no longer wished to farm it. 3.6 Chairmans approval was obtained in a letter of 10 February 2006 to relet the land on a five year Farm Business Tenancy to existing Estate tenants within reasonable proximity of it. 3.7 The chairmans actions were reported to the County Farms Estate committee at its meeting of 14 March 2006 (resolution FE/38(b) refers). 3.8 As an interim measure, the land was occupied and farmed under two consecutive contract farming agreements expiring 25 March 2008. 3.9 A new four year Farm Business Tenancy was consequently granted and is due to expire at 25 March 2012. The current tenant has requested he be granted a further tenancy of the land at Combefishacre Farm. 4.0 Land at Waterford Farm, Musbury 4.1 It is recommended that: (a) Subject to planning consent being obtained to improve/widen the access lane and the highways department agreeing to adopt the improvement, the freehold interest with vacant possession of Pt OS 9851 extending to 0.003 acres or thereabouts be acquired, subject to terms being agreed with the landowner. (b) Subject to a revenue funded feasibility study and further committee approval as to cost, funds be made available from the County Farms Estate Useable Capital Receipts Reserve to finance the proposed highway improvement. 4.2 The Musbury Estate comprises: Waterford Farm – 65.21 acres (26.39 hectares) Baxters Farm – 71.26 acres (28.84 hectares) Total – 136.47 acres (55.23 hectares) 4.3 The former Estate Plan designated Waterford Farm for retention as a dairy progression farm after the Baxters Farmstead and 10 acres of land or thereabouts could be sold and the remaining 61 acres or thereabouts amalgamated to Waterford Farm. 4.4 Both Waterford and Baxters Farms are occupied on Agricultural Holdings Act 1986 ‘lifetime’ tenancies. 4.5 Waterford Farm is undoubtedly the holding to retain and improve once additional land can be added. However, the access to Waterford is difficult and narrow. Although rear wheel steer milk tankers can access the narrow lane and navigate the tight corners, bulk delivery lorries have frequently collided with a wall on a particularly tight corner. 4.6 The neighbouring land owner who’s wall has been damaged by vehicles visiting Waterford Farm has agreed, in principle and subject to contract, to transfer a strip of land to the County Council so that improvements can be made to the public highway enabling articulated vehicles to gain free and easy access to Waterford Farm. 4.7 It is understood planning consent will be required for the proposed highway improvement scheme. 5.0 Equality Considerations 5.1 There are no equality issues arising from this report. 6.0 Legal Considerations 6.1 There are no legal issues arising from this report. 7.0 Risk Management Considerations 7.1 This proposal has been assessed and all necessary safeguards or actions have been taken to safeguard the Council's position. Rob Parkhouse – Head of Business Strategy and Support Electoral Divisions: Broadclyst & Whimple, Willand & Uffculme, Teignbridge South, Axminster Local Government Act 1972 List of Background Papers Date File Ref None Who to contact for enquiries: Dan Meek, NPS South West Ltd, Venture House, One Capital Court, Bittern Road, Sowton Industrial Estate, Exeter, EX2 7FW Tel No: (01392) 351066 Email: [email protected] .