BULLETIN Issue 83 – Winter 2015/16 l Gypsy and Traveller sites l Law Commission proposals for wildlife l Challenging decisions of public law reform authorities l CEDR CONGRESS 2015: Reports l Licensing and policy under the l Live & Learn: Short-term land 1981 Act occupation In this issue PLANNING 4 Planning policy for gypsy and traveller sites: A new dawn? Matthew Knight reviews some proposed changes in policy www.ala.org.uk jUdIcIAL revIew Twitter @AgLawUK 6 ‘It’s not fair’: Challenging decisions of public authorities CONTACT DETAILS Some cogent thoughts on taking the authorities to task from Hugh Mercer, QC Geoff Whittaker Editor/Consultant & Adviser wILdLIfe Kimblewick Cottage, Prince Albert Road, West Mersea, Colchester, CO5 8AZ. 8 Tel: 01206 383521 Law Commission proposals for wildlife law reform email: [email protected] The Law Commission has published its proposals for an overhaul of the law relating to wildlife The ALA Bulletin welcomes readers’ letters or comments management and control. Geoff Whittaker explains. and enquiries from anyone wishing to contribute material. Photographic contributions will be gratefully 14 received and credited accordingly. The ALA Bulletin does Licensing and policy under the Wildlife and Conservation Act 1981 not accept advertisements but is happy to insert flyers. Christopher McNall considers the recent case of R (McMorn) v Natural England Eleanor Pinfold Consulting Editor cedr cONGreSS Pinfold & Co., 63 Palmer Avenue, Cheam, Surrey, SM3 8EF. 10 Commission I – Market organisation: legal framework and Tel: 020 8644 8041; Fax: 020 8641 7328 email: [email protected] implementation Photographic credits: 11 Cover: David Hughes; Page 4: Andy Roland; Page 7: Commission II – Rural areas: legal framework and implementation Claudio di Vizia; Pages 10-13: Deutsche Gesellschaft 12 für Agrarrecht; Page 14: Peter Oak2; Page 16: Commission III – Significant current developments in rural law StephM2506; Page 17: Sato Tsuguru Designed and produced by Geoff Whittaker 13 Congress comment – A non-lawyer’s impressions Disclaimer: Information in the ALA Bulletin is provided on the basis that no liability for loss to any LIve ANd LeArN (ALA STUdeNT/TrAINING SecTION) person caused by reliance upon it is accepted by the Agricultural Law Association or any of its Council 16 Short-term land occupation Members nor by any contributor, editor or producer Nerys Llewelyn Jones looks at the varieties of short-term agreements for land use and the purposes for which they are used. In past issues OTHer feATUreS Disruption of shoots: trespassers and public rights of way – Tim Ryan (Autumn 2015) 3 Chairman’s Notes Through field farm and chip shop – Carrie de Silva (Autumn 2015) 3 A new Consultant for ALA The dairy sector in a world without Quotas – Jennifer Moore & Helen Havanagh (Summer 2015) 5 Geoff’s Geottings Simplification and competition in EU agriculture – Geoff Whittaker (Summer 2015) 15 Book Review: Tenancies, Conacre and Licences, reviewed by Review of Agricultural Holdings Legislation: Final Report – Hamish Lean (Spring 2015) Geoff Whittaker The Partnership Act – 125 years on – 18 Statutory Instruments Julie Robinson (Spring 2015) A joint venture between rural businesses – 18 Brussels Update Geoff Whittaker (Winter 2014/15) 20 Book Review: Research Handbook on EU Agriculture Law, reviewed Back issues of the ALA Bulletin from by Geoff Whittaker Autumn 2002 onwards are available under the Materials tab on the 20 Forthcoming events ALA website. Chairman’s Notes Philip Day, Wilkin Chapman LLP, Louth s this is the first Bulletin of 2016 may I begin from his position in June this year. There will be Aby wishing everyone a happy peaceful and an opportunity at a later date to properly thank prosperous 2016. There will, no doubt, be many him for all he has done because we all owe him challenges for professionals advising on all a great debt of gratitude. aspects of rural law and the Association is here to Council took the view that we needed support and assist you. someone who knew the workings of the In 2002, the Association had a membership Association and, as when Geoff was appointed, of about 600 and despite the sterling voluntary an in-house appointment would be preferable. All efforts of people like Alan Brakefield, Eleanor members of Council were invited to express an Philip day Pinfold, Nigel Davis and Roderick Mackay, interest. Following discussions and an interview knowledge of the workings of the Association supported by successive Chairmen and Council process over several months I am delighted to going back over many years as Eleanor. I thank members, the decision was made that the inform you that Mike Holland has been appointed her for the time she devoted to the preparation of Association required a full time Consultant to succeed Geoff. Mike introduces himself below the paper. As a result, there will be changes and Adviser to serve the growing work of the and I will not repeat what he says there. He has going forward and I will report in detail on these Association and the needs of members, and been a member of the Association for many years at the AGM in March. to move the Association forward. and a member of Council since 2011. He has One radical change is that in future elections Geoff Whittaker was duly appointed to the been active in the work of the ALA: representing for Council will be conducted online giving all post and (sparing Geoff’s blushes) has done a us in discussions with DEFRA; tutoring on the members the ability to vote for Council members. tremendous job. The Association today is far Starter for Ten course; and organising the East When Geoff was appointed there is no doubt different from the one which existed when Midlands region. We are confident that Mike will that ALA was embarking on a new stage in its Geoff took up post. Membership has doubled; be an excellent replacement for Geoff. development. Whilst he will be a hard act to the range of activities has greatly increased; We will not, however, be losing Geoff’s follow, with Mike’s enthusiasm and other changes regional meetings are now a well-established services entirely as he has agreed to continue envisaged by Council I feel that we are entering part of the Association’s work; and The Bulletin as editor of The Bulletin. a new phase and one I sincerely hope will see is an impressive journal. Council has also spent time considering a us continue our growth and retain our position as In 2014 Geoff indicated that in order to reduce discussion paper prepared by Eleanor Pinfold – the largest national interprofessional organisation his workload he would be looking to step down ALA: The way forward. Few have such a detailed in rural law. A new Consultant for ALA t is with great pleasure that I write to you in this Since that time I have had the privilege of courses or the many other affiliated events Iedition of The Bulletin as the Association’s becoming more involved, initially as an inaugural attended by the Association. Consultant and Adviser designate. member of the Next Generation Committee, I will be Following my formative years at the Royal then as part of the organising committee taking up the Agricultural College (now University) at for the East Midlands Region and latterly mantle that Cirencester, I joined the newly formed East as a Council Member. Geoff leaves Midlands-based firm of Chartered Surveyors, I am looking forward very much to behind and King West, in 1999 to complete my Assessment working with the Officers, Council and it would be of Professional Competence for membership of remiss of me Membership to ensure that the progress the RICS. As part of that tutorship, my mentor not to take this the Association has made continues and and Company Chairman, Rupert West (who opportunity to that it not only maintains the unique role many of you will know), introduced me to the formally offer it plays in bringing together a whole range Association when I first attended a Conference my sincere of professions and knowledge, but that it on agricultural rent review arbitrations. thanks to can increase its membership and influence It highlighted to me the benefits of an him, firstly association that brought together the whole range to the betterment of the agricultural and as a profess- of professions practising not only in matters of rural industry. ional when in I am grateful to the Chairman and agricultural law but the wider rural sector; one Mike Holland private practice for his which I grew up in as the elder son of a land Council for their endorsement and I hope to meet helpful advice over agent in Essex and the Eastern Counties. as many of you as possible as I conduct my initial the years and as a Council Member for his hard I then attended the Starter for Ten course – at tour around the UK meeting the regional groups work and dedication which has been the core of that time chaired by Eleanor Pinfold – following and those of you attending one of our the work and planning that has put the which, I took up full ALA membership. Conferences, the Starter for Ten and Fellowship Association in the position it thrives in today. ALA Bulletin – Winter 2015/16 3 PLANNING Planning policy for gypsy and traveller sites: A new dawn? Matthew Knight, Knights, Tunbridge Wells tricter rules that require gypsies and Greater countryside protection developers of illegal encampments, making it a travellers to prove they live a “genuine The new policy also focuses on providing greater criminal offence. It does appear that the new travelling lifestyle” before being allowed protection for the countryside; aiming to preserve policy is focusing on being proactive as opposed Sto benefit from special rules to allow development not only the greenbelt land but also sites to reactive, with Tunbridge Wells MP and outside settlement boundaries were revealed protected under the Birds and Habitats Directive, Communities Secretary Greg Clark stating that by the Department for Communities and Local Sites of Specialist Scientific Interest, Areas of the new policy “strengthens the hand of councils Government (DCLG) as part of a new planning Outstanding Natural Beauty, National Parks and to tackle unauthorised development”.