Land Business Tracker | November 2023

Welcome to our quarterly tracker of key land management, farming, planning and energy regulation and legislation.

Perhaps I am becoming long-winded – I hope not – but I have not been able to shorten our Land Business Tracker since our last update in August, despite wanting to.  It feels like there is more and more proposed legislation and regulation and more divergence between the home nations.

A number of policies feel like they are trapped (or being deliberately held) in a consultation – response – further consultation cycle.  This includes policies on minimum energy efficiency standards for homes and commercial properties, particularly in England.  It is still unclear quite what proposals were changed by the Prime Minister’s speech on net zero policies on 20th September (see Net Zero Strategy (UK)), and the home nations are pursuing different policies on energy efficiency in buildings and EPCs, with different timelines for implementation.  The Scottish Government has drafted proposals for a new Heat in Buildings Bill, which it hopes to pass in 2025.

The Levelling Up and Regeneration Act was finally granted Royal Assent in October 2023.  It is a large Act and covers a wide range of subjects, including potentially significant changes to the powers of local authorities and also for central government to take over some local authority’ responsibilities through National Development Management Policies.  And, although the Act has been passed, the UK government is unhappy with elements of it and may try to change them, notably to remove nutrient neutrality requirements, by further regulation or instruments.

Economically, the most significant changes since our August update are the 10% or more increases to National Living Wage (NLW) and the National Minimum Wage (NMW) from 1st April 2024, and the extension of the 75% business rates relief for the retail, hospitality and leisure sectors by a year to April 2025.

As ever, please contact your local Strutt & Parker office if you would like to discuss anything in the Tracker.

In this issue we cover:

EMPLOYMENT

• National Living Wage and National Minimum Wage rates
• Personal Protective Equipment at Work (Amendment) Regulations 2022
• Employment Relations (Flexible Working) Act 2023
• Workers (Predictable Terms and Conditions) Act 2023

ECONOMY

• ‘Protect Duty’ in the Terrorism (Protection of Premises) Bill
• Improving broadband for Very Hard to Reach premises

ENVIRONMENT

• Controlling the felling of trees
• Net Zero Strategy
• Environmental targets and Environmental Improvement Plan
• Consultation on the draft revised Air Quality Strategy
• Taxation of environmental land management and ecosystem service markets
• Extended Producer Responsibility
• Water abstraction and impounding licensing in England: changes to the regulatory framework
• Developing local partnerships for onshore wind in England
• Tackling the Nature Emergency – strategic framework for biodiversity: consultation (Scotland)
• New National Parks for Scotland
• Wildlife Management and Muirburn (Scotland) Bill
• Circular Economy Bill (Scotland)

FARMING

• Agricultural support schemes (England)
• The Official Controls (Plant Protection Products) Regulations 2020
• Agricultural (Wales) Act
• Soil Carbon Code
• Poultry and other captive birds: registration in Great Britain
• Agriculture and Rural Communities (Scotland) Bill
• Nutrient management: managing the application of livestock manures sustainably (Wales)

FOOD

• Good Food Nation (Scotland) Act
• Community Food Strategy (Wales)

PLANNING

• Levelling Up and Regeneration Act
• Permitted development rights: temporary recreational campsites, renewable energy and film-making (England)
• National Planning Framework 4 (Scotland)
• Permitted Development Rights review (Scotland)
• Planning Policy Wales: net benefit for biodiversity and ecosystems’ resilience

PROPERTY

• Building Safety Act
• Business rates relief
• New rules for small sewage discharges from septic tanks or sewage treatment plants
• The Minimum Energy Efficiency Standards (MEES) – Non-domestic let property
• Boiler Upgrade Scheme
• The Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land)
• Land and Buildings Transaction Tax (Scotland)
• Ban on the installation of fossil fuel and biomass heating systems in new buildings (Scotland)
• Second homes in Wales – higher council tax
• Second homes in Wales – statutory licensing scheme
• Heat and buildings strategy
• Energy Act: Energy Performance of Premises
• Modernising the reservoir safety regime
• Fire safety of domestic upholstered furniture
• Leasehold and Freehold Bill (England)
• Consultation on rental auctions for vacant high street property (england)
• Heat in Buildings Bill (Scotland)
• Energy Performance Certificate Reform Consultation (Scotland)
• Land Reform Bill (Scotland)
• Council tax on second and empty homes / non-domestic rates: consultation (Scotland)
• Securing a path towards adequate housing including fair rents and affordability (Wales)
• Update of the Council Tax system (Wales)

RESIDENTIAL LETTINGS

• Right to Rent checks
• Electrical safety in the private rented sector (England)
• Domestic smoke and carbon monoxide alarms (England)
• Cost of Living (Tenant Protection) (Scotland) Act 2022
• Repairing standard: statutory guidance for landlords (Scotland)
• Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022
• Renting Homes (Amendment) (Wales) Act 2021
• The Non-Domestic Rating (Amendment of Definition of Domestic Property) (Wales) Order 2022
• Renters’ Reform Bill and  A Fairer Private Rented Sector White Paper
• Improving the energy performance of privately rented homes in England and Wales – Consultation
• The Decent Homes Standard (England)
• Government review into short-term tourist accommodation (England)
• Housing Bill (Scotland)
• Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations
• Consultation on a statutory licensing scheme for all visitor accommodation providers (Wales)