fisher german Winter 2015 | Issue 15
www.fishergerman.co.uk
Nick Tandy: Homegrown talent Meet the 24 Hours of Le Mans champion, who says his farming roots set him on track to racing stardom
Rightful ownership
Landowners must take proper precautions to avoid losing vulnerable plots p20
Life on the fringe
How Hexgreave Estate is setting a new benchmark for rural business parks p12
Fixing the foundations Are government plans to address the UK’s housing shortfall sufficient? p18
Welcome The UK’s renewable energy sector faced a series of setbacks over the summer, when the government put the brakes on a range of diversification opportunities. Yet the soaring demand for energy in this country means alternative sources must be sought, and Andrew Jackson, on page 10 we outline the expected managing partner developments for shale gas exploration. Rural broadband capabilities have also been making headlines thanks to a pledge to bring superfast broadband to nearly all homes in the UK. Collaboration with landowners will be central to achieving this goal and Egton Estate (page 26) is one business that has called on our expertise to navigate the complex legislation involved when entering into such agreements. Adverse possession is another complicated area of law for landowners, and one that can prove costly without the correct advice. Fisher German works closely with a number of clients to ensure they retain all plots that are rightfully theirs, and on page 20 we outline the steps that all landowners should be taking to protect their estates. Elsewhere, our cover star, Nick Tandy, who is equally at home behind the wheel of a tractor as he is a racing car, tells us on page 6 how his farming roots set him on the track to sporting stardom. We also meet Fisher German’s youngest local partner, Rachel Cliffe, to find out what a career in the utilities and infrastructure sector looks like (page 31). Looking ahead, the Conservative government – fresh from the summer recess – is gearing up to deliver a raft of new policies over the next few months, but rest assured that our experts are on-hand to keep you abreast of the developments.
The greater good
Countryside Stewardship is the latest scheme for financing rural land management projects
16 Back to life
Traditional lime-based materials are making a comeback in the restoration of historic properties
22 Putting down roots We showcase some of our current sales from the residential and rural agency teams
28 The Fisher German magazine is intended to be an informative guide. It should not be relied on as giving all the advice needed to make decisions. Fisher German LLP has tried to ensure accuracy and cannot accept liability for any errors, fact or opinion. If you no longer wish to receive the Fisher German magazine or any other Fisher German marketing material, please call 0800 1075522 or email marketing@fishergerman.co.uk.
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News & views
Nick Tandy: profile
Agri facts and Agency facts; renewable energy; new Fisher German chair; Rural Business Awards; pipeline contract extended
We find out where it all began for the 24 Hours of Le Mans racing champion
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06 Fracking: the next phase
Location, location
How will the latest revisions to the planning process impact shale gas exploration?
Award-winning Hexgreave Estate has built its reputation on high-tech facilities and strong community values
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12
Fixing the foundations
Plotting for possession
Will the proposed reforms to the UK planning system address the country’s housing shortfall?
Landowners must take steps to ensure they secure vulnerable plots on their estate
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20 Paving the way
Access all areas
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26
As CEMEX prepares to celebrate its 110th anniversary, we chart its growth to becoming a leading player in the UK
Partner spotlight
Office directory
Rachel Cliffe in the utilities and infrastructure team has risen to become our youngest local partner
Contact details for Fisher German’s national offices
31 Publishing services provided by Grist, 21 Noel Street, Soho, London W1F 8GP
How Egton Estate in North Yorkshire is bringing superfast broadband to the local area
Publisher Andrew Rogerson Editor Laura Adcock Art director Andrew Heskins Telephone +44 (0)20 7434 1445 Website www.gristonline.com
34 Please remove cover before recycling this magazine
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news&views
Agencyfacts The latest property-related statistical info and market facts*
Double Growth in UK house prices is now forecast to total 6% for 2015, twice as high as the percentage growth expected earlier in the year, when uncertainty created by the general election caused a hiatus in the market.
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3
month high in UK house prices recorded in August 2015. Firm growth was reported across all areas of the country, stimulated by a continued shortage of supply.
Renewable energy update
S
ummer 2015 represented a bleak period for supporters of green energy in the UK with a series of government announcements threatening a premature end to such diversification opportunities, which, in recent times, have proven hugely popular with landowners and farmers alike. Despite these unwelcome moves, an outlook of increasing energy demand, dwindling supplies, and rising prices means there is continued pressure on the UK’s energy sector. To reflect the changing market, Fisher German’s services in this area are now provided under the ‘Energy & Renewables’ banner.
For further information please contact Mark Newton on 01858 411215 or Darren Edwards on 01858 411236
Pipeline contract extended
%
annual growth in residential rental levels is anticipated across the UK, although higher growth is forecast in some areas, particularly the West Midlands (4%).
m 1.2
housing transactions are expected to complete by the end of 2015. The figure was reviewed downwards after appraisal rates fell over the summer. Previously 1.25m transactions were forecast.
*RICS Residential Market Survey – August 2015
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isher German has agreed a £5m contract extension with Valero Logistics UK Ltd to provide land agency and maintenance services on the UK Mainline Pipeline System for a further three years. Fisher German has held a contract with Mainline continuously since 1982. Andrew
Jackson, managing partner of Fisher German, comments: “We are delighted to continue with the provision of services on this nationally important pipeline network and very proud that the quality of the service provided by our team to Valero was the major factor in the awarding of this contract.”
Former CLA president is new Fisher German chair
F
isher German has appointed Harry Cotterell OBE as chairman. He was president of the CLA from 2011-13, before joining Fisher German as a consultant in February 2014. Harry takes over from Barry Gamble, who was the first non-executive chairman of Fisher German. Barry served for more than five years and he guided the firm through some challenging structural changes following the death of Henry Sale, joint managing partner. Andrew Jackson, managing partner of Fisher German, says: “We are delighted that Harry has agreed to join us as chairman. We would also like to thank Barry for all the help and guidance he has given us through our period of unprecedented growth in the last few years.”
Agri facts
The latest farming-related statistical info and market facts from Fisher German
24.42 m £85
ppl
average price of milk in mid-2015.
available to UK farmers and landowners after Defra unveiled its new Countryside Stewardship schemes. Around 5,000 applications are expected in the first year under a simplified, but competitive, grants system, that replaces a number of similar schemes (see feature page 16 for more details).
Rural Business Awards success
bn £7
boost to UK farming was announced by the prime minister. The money will be spent on reducing inspections and the red tape associated with farming, plus the introduction of regional protection for 150 foods.
CRD
(Chemicals Regulatory Directive) recommended approval of the use of a small amount of neonicotinoid seed treatments for autumn drilled oilseed rape crops. Environmental campaigners had wanted a complete ban. Around 5% (equating to 75,000 acres) of UK oilseed rape is likely to be treated.
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he inaugural Rural Business Awards took place at Stapleford Park, Leicestershire, on 1 October. Two hundred guests attended a prestigious awards dinner, where the best of British rural entrepreneurship was recognised in 10 award categories. Fisher German was delighted to be associated with seven of the fantastic finalists. Huge congratulations to Claremont Farm Shop, The Hayhurst Arms, The Hexgreave Estate, Pegoty Hedge, The Tatton Estate, Honesberie Shooting
19 out of 28 School and Warner Edwards. A very enjoyable and worthwhile evening and congratulations to all of the winners including our clients, and the new rural businesses we had the pleasure of meeting on the night. See page 12 for a feature on the awardwinning Hexgreave Estate.
The number of EU states that have banned cultivation of GM crops on all or part of their territories. Within Great Britain, England is the only nation to be unopposed to growing GM crops.
Register for monthly agri-facts bulletins at tinyurl.com/agrifacts
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A breed
apart For racing driver Nick Tandy, fast cars and glamorous destinations are a world away from the family home, but the 24 Hours of Le Mans champion says his rural upbringing played a big part in his sporting success.
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guest feature
1996 – 2000
Short Oval Ministox
2001 – 2002 Mini Se7en Winter Series
2005
BRDC Single Seater
Nick’s Racing Career
2002 – 2004
U
ntil recently few outside the world of motorsports had heard of Bedfordshire-born and bred Nick Tandy. But when in June his LMP1 Porsche 919 Hybrid zoomed over the finishing line in first place at the 24 Hours of Le Mans 2015, the 30-year-old was catapulted into the media spotlight. Speaking as he waits for a film crew to set up at Silverstone, Nick is still slightly bemused by the attention he is getting, not least because F1 driver Nico Hülkenberg was also part of the team of three to triumph at Le Mans. “The more success you have on the race track, the more important it is to keep working outside the race weekends. It just creeps up on you,” he observes. It wasn’t always this way. Nick was brought up with his older brother Joe on a 250-acre arable farm at Pavenham, near Bedford, where mother Marilyn and father Joe still live. “The nearest house was more than quarter of a mile away, so we stayed on the farm. When we weren’t playing on our BMXs Dad would get us to help out about the place,” recalls Nick. “And when we weren’t being roped in by Dad
24 Hours of Le Mans In just eight years’ time the 24 Hours of Le Mans race will celebrate its centenary. It was first run near Le Mans, northern France, on 26-27 June 1923, when it was billed as a ‘Grand Prix of Speed and Endurance’ and 33 vehicles entered the race, with 30 making it over the finishing line. The original cars were race models that had to retain part of their original production equipment. Over the years, the cars evolved into prototypes and road GTs modified for competition, but the purpose remained the same: to endure a whole day on different surfaces. The 13 km Circuit de la Sarthe then, as now, was part race track and part temporarily-closed local roads, meaning the cars encounter a variety of road surfaces and conditions on each lap. Many cars will clock up over 5,000 km during the race, the
2006 – 2008
Mini Se7en Championship
record so far being 5,410 km achieved in 2010. The traditional race has produced a number of spin-offs: annual motorcycle, truck and karting versions, together with a biennial race for classic vehicles, at Le Mans, plus a European and Asian Le Mans series. One of motorsport’s deadliest accidents occurred at Le Mans in 1955 when a car left the track, hit an embankment, partially disintegrated and caught fire. More than 80 people died and 120 were injured. The incident resulted in the introduction of many safety measures now taken for granted. More than 250,000 visitors arrive annually at Le Mans for the race, with 6.5 million spectators viewing the race via the live internet site. In 2014, the race launched its own smartphone app. The 2016 race is due to run on 18-19 June.
Formula Ford UK
2007
FPA Autumn Trophy
2008 – 2009 British F3
2008, 2011
Porsche Carrera Cup GB
to do stuff we didn’t want to do, we would race anything we had: go-karts, bikes, whatever. Because we had the land, the workshop and the tools we were able to do that as a hobby.” Nick ended up following in his father’s footsteps, but not by becoming a farmer. He explains: “Dad raced for years – my first vivid memories are watching him race.” Both brothers inherited the racing bug and at age 11 Nick started his racing career (see timeline), racing Ministox and picking up a regional win in the first year of entry. Two years later he was runner-up, behind Joe, in the world championship, and two years after that, in 2000, he picked up four championship wins. Having had experience of farm machinery at a young age, Nick wasn’t at all daunted by racing cars. “Driving was second nature to me. And once I started I developed a desire to compete and win,” he says. By the time he entered the Sixth Form Nick had graduated to Mini Se7ens, but becoming a professional racing driver was just a dream and he was undecided about what kind of a career to pursue. “I didn’t think about it much,” he admits. After gaining A levels in maths and physics he went straight into full-time employment in a succession
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2015
United SportsCar Championship (US)
2015
FIA World Endurance Championship
2012 – 2014
2009 – 2011
British GT Championship
Porsche Carrera Cup
2009
Formula 3 Euro Series
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When not helping on the farm, Nick and his brother Joe (above) dedicated their childhood to their mutual passion
guest feature
of jobs, including a tyre manufacturer and a replacement windscreen specialist. But the love of racing continued and after a year in the BRDC Single Seater Championship he earned a scholarship from Silverstone and entered the British Formula Ford Championship in 2006. It wasn’t long before he was driving for the Formula Ford team his brother Joe had set up. After two years with Ford and a shot at the Formula Palmer Audi Autumn Trophy he followed Joe’s team into the hugely competitive arena of Formula Three. Unfortunately, it wasn’t the start he’d hoped for, with three successive retirements, but he was soon clocking up podium finishes. Tragedy struck the family in 2009 when Joe was killed in a road accident in Bedfordshire when his car collided with a van. This harsh blow fixed Nick’s determination to continue driving and later in the year he signed up in the Formula Three Euro Series. This would lead to a drive with Konrad Motorsport in the Porsche Supercup Abu Dhabi round. As a result he was offered a permanent place in the German-based team in the Porsche Mobil 1 Supercup, gaining his first win at Silverstone, though victory of the championship eluded him. Throughout this period Nick was still living on the farm and working locally. “Because it’s a small farm Dad is able to
do most of it alone but at busy times like harvest I stopped whatever I was doing because I knew it had to be done.” But in 2012 he made a bold decision that was to pay off. He moved out of the farm to his own home, albeit only a mile or so away, and turned professional, entering the International GT Open. Just three years later pictures of his victory at Le Mans were being beamed into living rooms around the world. He says the win was probably the result of a combination of factors: “You have to be very lean physically – and it’s important to be headstrong. The prep I’d done for the last 15 years stood me in good stead.” But Nick also credits his family: “We’d go out on a Sunday afternoon to the races – it was a family thing. If we didn’t have the farm and land to start off with, I wouldn’t have had the opportunity to do what I’m doing now. That gave me the tools to go driving, through which I found my competitive instinct.” Nick’s immediate aim is to score as highly as he can in the current FIA World Endurance Championship, but what he is really itching for are more opportunities to return to Le Mans and add further wins to his tally. His parents, he says, are torn about his profession: they are delighted with his success, but they’d also welcome his presence on the farm. As he gets ready to pack his bags for
What is an LMP? Nick won the 24 Hours of Le Mans in a Porsche LMP1. So what is that exactly? LMP is short for Le Mans Prototype and is a class of car (rather than a specific make) entered into that race, as well as other major motor sports events. The category was created by the French Automobile Club de l’Ouest (ACO) which lays down the technical specifications covering the bodywork, as well as all mechanical elements of the car. While not as fast as open-wheel Formula One cars, LMPs are the fastest closed-wheel racing cars used in circuit racing. Le Mans Prototypes are considered a class above production-based grand tourer cars, which compete alongside them in sports car racing. Modern LMP designs include hybrid cars, like Nick’s winning vehicle, which use electric motors to assist acceleration. The main two categories of LMP cars are LMP1 and LMP2, with LMP1 the most powerful and generally built by the major manufacturers.
an extended stay in the United States Nick now has his own family to consider. He married wife Brittany last Christmas and their 14-month-old daughter Eva has already had a ride on a combine harvester. He admits: “Even a couple of years ago I couldn’t think of anything better than going away around the world. Now, I value coming back home and spending time with the family. I certainly couldn’t imagine living anywhere else.”
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Fracking: the next phase The need to find alternative energy supplies is as pressing as ever, yet requests to search for viable fracking sites continue to court controversy. So what’s next for shale gas exploration?
T
he government has reiterated its commitment to shale gas exploration (fracking) in the UK, citing the need to reduce reliance on imported gas (quantities of which are on an upward curve) and additional economic benefits for the country as a whole. The topic has attracted widespread publicity, with proponents for each side of the argument vigorously pushing their case. The government points out that the economic benefits include: investment in key domestic energy infrastructure, a boost to the UK’s capital stock, and an improved balance of trade and cumulative investment of £33bn in the gas, oil, construction, engineering and chemical sectors that, at the peak, would support 64,500 jobs. It adds that
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Revision of the planning process • Appeals against any refusals of planning permission for exploring and developing shale gas, or against non-determination, will be treated as a priority for urgent resolution. The secretary of state for communities and local government may also want to give particular scrutiny to these appeals. • The secretary of state will also actively consider calling in shale applications. Each case will be considered on its individual merits in line with the policy. Priority will be given to any called-in planning applications. • The government commits to identifying underperforming local planning authorities that repeatedly fail to determine oil and gas applications within statutory time frames. When such applications are made to underperforming local planning authorities, the secretary of state will consider whether he should determine the application instead. Joint statement by DCLG and DECC, August 2015
Energy
Next steps: the facts The politically-charged nature of the debate surrounding shale gas exploration has led to a considerable amount of speculation and conflicting opinion. Here is a simple factual guide on the likely timetable for further exploratory work. What will happen next? In each area the winning operator, which will have exclusive rights within that area’s boundaries, will need to carry out surveys across the whole of their licence area and these could be as large as 40 square miles. “Initially this is likely to comprise a detailed seismic survey of the geology of the whole licence area, followed by more detailed surveys of areas of interest where drilling could take place,” says William. When will the drilling start? Any drilling will require planning permission and so – even taking the government’s proposed intervention process into account – this is unlikely to be imminent. The precise location of the drilling will be strongly influenced by the geology of an area but also by other considerations such as access, proximity to residential properties, footpaths and impact on the local landscape.
How much land will an operator need? “Each drilling site is likely to be about five acres and in many licence areas only one drilling site will be required,” explains William. “In some of the larger licence areas or where the geology is more complex a second or even third site may be needed.” In addition localised points will be required to monitor the drilling and extraction process but these will be the size of normal manhole chambers. How long will the project last? Licences can last up to 30 years but the activity on site will be dictated by the volume of shale gas to be extracted and the rate at which it is taken. As a result it is impossible to say how long there will be activity on site. “Undoubtedly, the announcement of licence winners will bring opportunities for some and uncertainty for others,” says William. “Either way, given the fast-changing nature of the situation, it would be wise for interested parties, from landowners to energy firms and utility providers, to seek impartial advice from those with a comprehensive understanding of the many issues involved.”
of Wales and Scotland have declared a moratorium on exploration to allow the process to be examined in more detail. In addition, local authorities in England have responded cautiously to planning applications related to shale gas exploration, leading to accusations that they have not processed these quickly enough and within the statutory 16-week time frame. In summer 2015, after a round of exploration licences were awarded, the government announced that it would tighten up the planning application process to reduce delays in this area (see box, left). “There has been a lot of frustration with the planning system in many sectors for quite some time,” observes Fisher German partner William Gagie, “but what is interesting is that this is the first time the government has actually intervened.” Nearly 7,300 square miles of the UK is already covered by around 170 existing oil and gas exploration licences.
In October 2014 the government received 95 applications for 295 areas not previously allocated for shale gas exploration, although this was subsequently reduced to 159. The majority of these are located in the Midlands and the south of England. “Applicants had to show technical competency, financial standing and set out a business plan for the exploration and possible development of the licence area they were applying for,” explains William. “They were also required to pay a fee for their application. So it is clear that not just anyone could get a licence, only those with a proven track record.” Of the 159 areas allocated, only 27, covering around 1,000 square miles, have been awarded so far, as the remaining 132, covering approximately 5,000 square miles, have been subject to further consultation to meet potential environmental concerns.
There has been frustration with the planning system for quite some time” locally there could be opportunities for new facilities and jobs for local companies. However, environmental campaigners, as well as some home and landowners, have suggested that more research needs to be done to protect communities which may be affected by the extraction process. As a result, the devolved administrations
For further information contact William Gagie on 01530 410859 or william.gagie@fishergerman.co.uk
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Location,
location
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When local farmer Tony Strawson bought the run-down Hexgreave Estate in 1996 his vision was clear: build a rural business park centred on high-tech facilities and strong community values. Nearly two decades later, the development is growing from strength to strength.
rural Business estates
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f medieval landowner Walter de Gray, Archbishop of York, could be transported through time from 1255 to the modern day Hexgreave Estate, much of what he could see would be familiar to him, including native woodlands populated by red deer. Some parts of the 1,000-acre estate, 12 miles north of Nottingham and roughly equidistant between Mansfield and Newark, though, have undergone considerable change in the intervening centuries. De Gray wouldn’t recognise the current Hexgreave Hall, for instance, which, dating back to between 1750 and 1760 is much nearer to our own time than his. The Hall, now a
Grade II-listed property has been home to illustrious former residents including Sheffield steel magnate Sir Stuart Goodwin and industrial poultry pioneer Sir John Eastwood. But by 1996, when the estate came up for sale, it had seen better days. Nevertheless, the place caught the eye and imagination of local farmer and businessman Tony Strawson who would come to take on the renovation of both property and grounds as his retirement project. Fisher German partner Tim Shuldham, who has worked with and advised Tony on property matters for 35 years, helped in the purchase of Hexgreave and remembers how it looked in the early days. “Most of The Hall
Renewable energy The estate has developed an environmentally friendly biomass boiler heating system. Willow is grown and coppiced on the estate and on nearby farmland which then provides fuel for the boiler which operates a district heating system to supply heat to the properties. The fast growing willow crop serves a dual purpose since crops such as carrots and potatoes are also grown on and near the estate. The crop has to be washed before it can be sold – producing large quantities of dirty water. The willow, on the other hand, needs a lot of water so it is irrigated using the dirty water from the vegetable washing plant. The willow filters the dirty water naturally before it goes underground, creating a win-win situation. This is all managed centrally and results in minimum fuel miles. The re-use of the dirty water also helps with green credentials when selling the vegetables to supermarkets as it addresses their audit processes. The boiler previously used at Hexgreave was installed in 2007, before the government’s Renewable Heat Incentive scheme was introduced. That boiler has been retained as a backup and relocated next to the new one, freeing up a building that has been re-used as a coffee shop.
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Live/work space A combination of existing and contemporary new-build residential properties have been created at Hexgreave which provide a living heart to the estate that is not often found on other rural business parks. An incongruous 20th-century bungalow was removed as part of the process. All four of the bespoke new properties are occupied, as are the four renovated existing cottage and lodge buildings. The live/work homes provide the opportunity to live in a traditional country estate with the added benefit of exceptional space to run a business. Large modern offices are adjacent to home and occupiers become part of the living and working community of the estate. All current day occupiers can enjoy the farming and woodland activities that go on around them, while their presence partially recreates a traditional value which had been lost from the era when estates were full of people living and working to keep the estate running.
had been unoccupied since the 1970s,” he recalls, “and had not benefited from any substantial investment for a long time. It had no soul to it.” Over the next few years Tony, while still working full time in his farming business, began to develop ideas to bring the estate back to life. A tourism-based solution was discounted at an early stage as Tony was keen to maintain the character of a rural estate. Instead, a rural business park concept was conceived that would see the main hall and adjacent
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The Hexgreave live/work homes offer: • a community which avoids the isolation that people working from home can suffer; • sufficient scale to achieve business impact; • economies of scale to help cut costs; • reduced transport and easy parking; • flexible working to even up the work/life balance; and • a lively community which is constantly buzzing and thriving. The unique construction of these properties offers houses linked to offices through a glass atrium, a spectacular reception for any business. The latest business home completed this year has a sedum roof, which has many green credentials including encouraging wildlife, cleaner run-off water and greater insulation properties than a traditional roof.
coach house transformed into business space, while other nearby properties would be renovated for residential use. At the start of the new millennium Tony visited other locations for inspiration, including Skipton and Richmond in North Yorkshire, Lockinge in Oxfordshire and Oxton in Nottinghamshire. The results of those excursions convinced him of a number of things, including: • the product should be high quality; • modern facilities were vital in terms of
wiring, trunking and communications including broadband; • flexible terms were crucial to attract dynamic and fast developing occupiers; and • a wide range of unit sizes was important, from a single room to 3,000 sq ft. Tony believed that if these attributes were provided Hexgreave would tap a potentially large target market of high-quality tenants. There was little nearby in terms of comparable space and so Tony believed that a broad range of office occupiers would be interested in Hexgreave Estate, such as new start-ups looking for high-quality small spaces, local offices of larger businesses and city-based businesses wanting an improved environment, and town-based businesses looking for a prestigious location. Work began on drafting plans for the revitalised estate in 2002, when Tony stepped down from his farming businesses, and over the last decade or so those plans have come to fruition.
Rural business estates
Dedicated groundsmen work to ensure wildlife flourishes on the estate. Its herd of red deer, re-introduced in 2002, is always a spectacular sight
Conservation Contemporary offices provide high-spec facilities for business users, including access to superfast broadband
“What we have now is very close to the original ideas we had back then,” reflects Tim Shuldham. “The planners have been very supportive. They were a bit reticent to start off with, but when they saw the standard of the work that was being carried out they became very keen.” The Coach House was renovated and extended in 2005, and in 2006 was the regional winner of the Master Builder of the Year Award. The combined buildings
is in the country rather than in a town centre,” adds Tim. Occupancy at Hexgreave speaks for itself. Around 200 office workers are based there, drawn from a variety of businesses, including product designers, marketing executives, property and business consultants, an expedition organiser and even a beautician. Tim says occupiers appreciate the community aspect of the estate, a far cry
The ethos has been that there should be no compromises just because an office is in the country” contain more than 30 contemporary offices covering 14,000 sq ft of space. Tony has always believed that it is important to provide top-spec facilities for business space users, including broadband. Two years ago the estate invested in adding a fibre optic connection to allow Hexgreave to join the superfast broadband network. “The ethos has been that there should be no compromises just because an office
from impersonal business parks run by off-site owners. “Tony [who lives in the grounds] is very hands-on,” confirms Tim. “He’s really worked hard to get to know all the tenants and is very visible. That paid enormous dividends during the recession as space remained largely full, even in the difficult years.” So far over £2m has been spent on transforming the Hall into the hi-tech
The outdoor environment is extremely important to Hexgreave and the people who live and work there. The herd of red deer, re-introduced to Hexgreave in 2002, makes a magnificent sight in all seasons. Other wildlife includes woodpeckers, buzzards, kestrels, owls, squirrels, rabbits and stoats. The grounds are maintained by the estate’s own team of groundsmen to ensure that nature flourishes and everyone who uses the estate may enjoy their working and living surroundings to the full. Environmental good practice is taken very seriously at Hexgreave. The estate work is in a Higher Level Stewardship scheme (see page 16), which encourages landowners to farm in an environmentally beneficial way, such as leaving a wide margin around the edge of all fields to encourage wildlife. Hexgreave also works with the Farming Wildlife Advisory Group and the RSPB on the best way to encourage more wildlife onto the estate. This has included planting wild bird feeding areas – usually sunflowers – in corners of the estate situated near woodland and the lake.
business centre it is today, combining original features such as fireplaces, oak beams and cornices with the latest communications technologies. The former boiler house (see box, page 13) has recently been converted into a coffee shop, which functions as a hub for both occupiers and residents, and two further live/work buildings are planned. Outside, the estate is set up to function as part farmland, part wildlife haven for generations to come.
For further information contact Tim Shuldham on 01777 860755 or tim.shuldham@fishergerman.co.uk
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Working for the
greater good Countryside Stewardship is the latest government scheme for financing rural land management projects, but what impact will the new rules have on applicants looking to secure a grant?
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he way the government is paying for our countryside to be managed is changing. As a result of the most recent reform of the EU’s Common Agricultural Policy (CAP) a new system of awarding grants for rural land management is being introduced, replacing a wide variety of agreements, including Environmental Stewardship, the English Woodland Grant Scheme and capital grants from the Catchment Sensitive Farming programme. Farmers and landowners who have been in the field for a while may get a sense of déjà vu: the new scheme is called Countryside Stewardship. That’s not to be confused with the agri-environment programme of the same name which ran between 1991 and 2004. The version that starts agreements in January 2016 (up to £900m is available to 2020) has three core components (see boxes). “The main difference between this and the old system is that previously things worked on a first-come, first-served basis.
countryside stewardship
Now applicants are competing and grants are very much discretionary – projects can be turned down if they are not seen to offer best value for money,” explains Fisher German partner Tom Heathcote, who has been working with landowners to secure funding for the initial round of applications that closed at the end of September 2015. “It’s got a lot harder,” says Tom. “You clearly have to demonstrate what the benefits will be and Natural England [which is administering the scheme on behalf of Defra] is looking for robust agreements.” Applicants are scored against meeting specific regional priorities in their area. Accessing and interpreting the priorities is not that straightforward. The overall focus is to protect and enhance the natural environment, in particular the diversity
Mid Tier Comprises multi-year agreements for environmental improvements in the wider countryside, including multi-year management options and capital grants. The aims here are to address widespread environmental issues, such as reducing diffuse water pollution or improving the farmed environment for farmland birds and pollinators. As with the Higher Tier scheme, targeting and scoring will encourage applicants to choose options that help achieve the environmental priorities that are important in their local area. Mid Tier replaces Entry Level Stewardship (ELS) and the big difference is that, as well as being competitive, it does not pay a flat rate based on achieving a points threshold, rather successful applicants will be paid by options in place across the agreement.
Now applicants are competing with each other and grants are very much discretionary” of wildlife, biodiversity and water quality. Other scheme objectives include flood management, the historic environment, educational access and landscape character. Liaison with Natural England is likely to be crucial in making
Higher Tier Comprises multi-year agreements for environmentally significant sites, commons and woodlands where more complex management requires support from Natural England or the Forestry Commission, including management options and capital grants. Typical projects will include: habitat restoration, woodland creation or tailored measures for priority species such as grey partridge. Higher Tier replaces Higher Level Stewardship (HLS) and the application process is similar. Up to 90 per cent of existing HLS agreement holders are likely to have the opportunity to apply for Higher Tier Countryside Stewardship when their existing agreements end.
a successful application. “Case officers have a huge amount of sway and if something is of personal interest they are likely to be able to push for it. We have a really good understanding of what interests them and the kind of things they are looking for,” explains Tom. He cites an example of a farm in Northamptonshire where a large-scale programme to encourage bird habitats was accompanied by plans to repair and restore Elizabethan and Victorian fish ponds. The case officer was particularly enthusiastic about the latter and, as a result, awarded grants totalling £115,000 for both projects. There is a determined emphasis on actively promoting biodiversity. “For farmers there won’t be a pit of ready cash they can get for doing very little. Some farmers may lose out because they have no exciting habitats or because they are farming intensively and are not willing to change,” warns Tom. Another challenge for those hoping to get a share of the funding is to understand the application time frames. These vary according to the type of
grant applied for, but in general there will be one application window each year – submissions need to be made in the summer for agreements starting at the beginning of the following year. “These application windows often don’t fit in with the farming calendar, and the summer is especially difficult as farmers are at their busiest then,” adds Tom. It therefore makes sense to start the process sooner rather than later – Tom will be in discussions with potential applicants in early 2016 for projects that they want to be funded from January 2017. Tom sums up: “The message is that broadly there is still a lot of grant funding available. But it is complex and what is available hasn’t been communicated very clearly so far.” In addition to the Countryside Stewardship programme landowners may also be able to take advantage of a number of other capital grants schemes that include: innovations and new technology in farming businesses, supporting local rural economies (for example, starting up and developing businesses, tourism projects) and the £138m LEADER grant programme for local action groups that launched in summer 2015.
Capital grants Comprises a range of one to two-year grants for hedgerows and boundaries, improving water quality, developing implementation plans, feasibility studies, woodland creation (establishment), woodland improvement and tree health. The Hedgerows and Boundaries Capital Grant is new and offers funding of up to a maximum of £5,000 per applicant for farmers and land managers who don’t have a Higher or Middle Tier agreement or a current Environmental Stewardship agreement. These grants will mainly be for small-scale restoration of boundary features, like hedgerows and stone walls. Major restoration projects would be funded under the Higher Tier. This scheme does not open until spring 2016.
For further information contact Tom Heathcote on 01858 411222 or tom.heathcote@fishergerman.co.uk
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Fixing the foundations Just how achievable are the government’s plans to address the UK’s housing shortfall? Fisher German’s Angela Cornell delivers her verdict.
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hortly after the government revealed its summer budget it published a policy paper entitled Fixing the Foundations: creating a more prosperous nation. Presented as a 15-point plan the document lists a raft of policy changes which the government believes are necessary to achieve long-term investment and a dynamic economy. One of the 15 points focuses on proposed reforms to the UK’s planning system, principally to create more houses to buy, to address the well-publicised housing shortfall. This will resonate with those in both rural and urban areas who are witnessing generations being split as younger people are increasingly unable to afford housing in the areas they grew up in. Although the policy paper doesn’t specifically address the issue of providing more housing in rural areas, any action to stimulate more
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house building is likely to be beneficial in this respect. Here, Fisher German local partner for planning Angela Cornell considers the detail of the planning section of Fixing the Foundations to assess how achievable the government’s aims are.
1. Introduction of a new zonal system which will effectively give automatic permission on suitable brownfield sites Angela points out that although permission for buildings may be automatic, sites will still need to go through the other technical requirements associated with planning applications. In addition, land will need to be on the official register of brownfield sites, although it is unlikely many plots will face difficulties on that point as the
definition of brownfield land is quite specific (see box). Though most often associated with urban areas, there are many brownfield sites scattered across the UK outside settlement boundaries, for example old airfields and former factory sites, that could become a source of housing. The automatic consent could free up sites that previously might have found it difficult to obtain permission due to sustainability issues. “Where I struggle with this,” says Angela, “is the fact that brownfield land, rather than greenfield, has generally always been the first port of call for development, so there is nothing new in encouraging it. The fundamental issue has always been about viability – and brownfield sites are inherently problematic, they often require decontamination and remediation and
Planning and development
Brownfield land: definition Previously developed land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or has been occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures; land in built-up areas such as private residential gardens, parks, recreation grounds and allotments; and land that was previously developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time.
performing authorities to heel. The suggestion is that decision-making will be handed over to non-elected planning inspectors. Angela isn’t convinced this is a good idea: “It could actually make things worse and in any case the Planning Inspectorate already has its hands full. My concern is that the threat may cause local authorities to make bad decisions because they are rushing to fit in to the proscribed time frame.”
3. Providing 200,000 starter homes for first-time buyers and implementing regulations to exempt these developments from the Community Infrastructure Levy The headline figure of 200,000 is a target that the government is aiming for by 2020. Broken back to a yearly total of 40,000, this is a relatively small number, compared to the 240,000 homes of all types needed each year. “Even so, this is
The thrust of these proposed changes is positive, but in many cases it will be challenging to implement them” the cost of all of that makes them less viable. So I question how much of a difference granting automatic consent will make. House builders want sites that they’ll make money on – not ones they don’t make any money on.”
2. Tougher action on local authorities who are not delivering new homes and taking too long to write local plans which adequately address the housing demands It isn’t clear exactly what action the government will take to bring under-
a very laudable idea. What is not at all clear, however, is how these homes will get planning permission and who will co-ordinate getting these starter homes built. The government has previously suggested Neighbourhood Plans would be a good mechanism for new homes, but there aren’t that many of these yet and houses need to be built quickly.” A High Court decision in August 2015, a month after Fixing the Foundations was published, casts serious doubts over the ability of the sites to achieve exemption from the Community
Infrastructure Levy. West Berkshire district council and Reading borough successfully challenged a change in planning policy introduced in November 2014 that provided an exemption for small sites to provide affordable housing. Angela comments: “This is a good idea in principle, but will probably not come to fruition as there is too high a likelihood it could be challenged and quashed.”
4. A dispute resolution mechanism for section 106 agreements to speed up negotiations and allow housing starts Section 106 agreements between developers and local authorities specify what contributions the developer will make to local infrastructure. “This would really make a big difference,” says Angela, citing a recent application she worked on for a 275-home site in Leicestershire. The planning application was concluded in five months, but finalising the section 106 agreement took a further eight – twothirds as long again. “There is no reason why it should take that long, so anything that can improve the situation is welcome. However, we need to see details on how the system will work and how it will speed things up.”
Overall verdict Angela concludes: “The thrust of these proposed changes is positive, but in many cases it will be challenging, if not impossible, to implement them. Many of the issues facing those living and developing in rural areas are not practically addressed here.”
For further information, please contact Angela Cornell on 01530 566576 or email angela.cornell@fishergerman.co.uk
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Plotting for possession The rising number of claimants seeking legal ownership of land not rightfully theirs means landowners must be clear on the laws surrounding adverse possession – or risk losing vulnerable plots on their estate.
Case study A good example of the complexity and multiple issues that can arise from adverse possession is a 10 acre site in North West England, where Fisher German partner Matthew has been working with the landowner, a business, to retain the majority of the land after occupants of part of the site claimed total ownership. The issue came to light when the landowner, which owns several smaller companies, began to organise the registered titles for those businesses. As the site in question, which is a mixture of former railway embankment, woodlands and open land, had never been registered to the owner, the company made a formal application to the Land Registry. The Land Registry was obliged to inform a family who are living on part of the site and owned some adjoining land. They had originally rented it when they moved in during the 1960s, but at some point the payments stopped and no demand has been made since. Over the years portable accommodation brought onto the site has been converted into living accommodation, but the family did not claim ownership until earlier this year, when the first registration was filed with the Land Registry. At this point the family claimed adverse possession, not only of the land they are living on (approximately one-third of the whole plot), but of all 10 acres. “If we hadn’t reacted immediately the landowner would have lost land that is currently in operational use as an HGV trailer park, which would have had a significant impact on their business,” Matthew relates. The case is currently being adjudicated by the Land Registry, following evidence submitted by Matthew who identified significant faults with the evidence submitted by the family. The landowner is willing to concede ownership of the area actually occupied by the family as there is a genuine claim for possession, and because of the waste on-site it would be foolish to try to claim back such a liability. Matthew is optimistic that the company will eventually be granted formal ownership of the remainder of its land whilst freeing itself of any other potential legal issues and costs with the environment agency.
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Land ownership
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ost people wouldn’t dream of taking something that isn’t rightfully theirs. Yet, sadly, every year landowners across the UK face claims from third parties who are seeking to gain control of land that doesn’t belong to them. “It’s more common than we’d like to think, and many landowners are simply completely unaware of the problem,” says Fisher German partner Matthew Trewartha.
Complex legislation Adverse possession is the legal process used by those who want to claim land from others, and as the term suggests, it is a deliberate and hostile attempt to gain ownership. The law surrounding adverse possession is complex, and the Land Registration Act 2002, which was designed to simplify matters, has in some cases actually made the situation even more complicated. In addition, different rules apply depending on whether the landowner has formally registered their land with the Land Registry. The principle of adverse possession, though, is simple enough. If a claimant can prove that they have occupied a piece of land continuously for at least 10 years, they may be granted legal ownership. The
key to a claimant’s success is their ability to demonstrate that they had exclusive occupation of that land throughout. “They are acting to exclude the world at large. So they couldn’t claim part of a golf course, but an allotment or a driveway can be separated from the land around it,” explains Matthew. The Land Registration Act 2002 superseded the Limitations Act 1980, under which a period of 12 years of exclusive occupation was needed. The new law protects registered land for the landowners but claimants can still make a claim for possession under the old Act, whether the land is registered or not, provided they have been in occupation for long enough.
Establishing ownership A classic example is when a homeowner extends their garden onto agricultural land. This may sound innocuous enough, but landowners stand to suffer material losses if land has a value because it is used as an access strip for other landowners or for business purposes (see case study). Clearly then, the best way to avoid adverse possession is to prevent occupancy in the first place. “And that means being clear on exactly what a landowner owns,” says Matthew. “My job is to compare the
We produce bespoke GIS maps to show clearly what a landowner owns, and these are useful for future boundary disputes”
Adverse possession: the essentials Adverse possession requires factual possession of the land, with the necessary intention to possess and without the owner’s consent. To claim adverse possession, one must show: • that the squatter and any predecessors through whom they claim have been in adverse possession for at least 10 years ending on the date of the application; • that the squatter has demonstrated that they have acted to ‘exclude the world at large’ and acted as though they were the rightful owners of the land; and • that the squatter has enjoyed exclusive possession and never acknowledged anyone else’s ownership. Source: Land Registry
Land Registry entries with the boundaries on the ground, identify which land is most at risk and provide evidence for the landowner. We also produce bespoke GIS maps to show clearly what a landowner owns, and these are useful for future boundary disputes.” All vulnerable plots should be inspected at least annually, and in cases where an occupant has already claimed a stake it may be easier (and potentially more profitable) to sell that portion of land. “The worst mistake a landowner can make,” concludes Matthew, “is to do nothing, as there is a real chance that they could lose some of their land.” For further information, please contact Matthew Trewartha on 01530 410678 or email matthew.trewartha @fishergerman.co.uk
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Breathing life
into old buildings Lime-based materials are enjoying a renaissance as building owners become reacquainted with the benefits of using them in the repair and refurbishment of historic properties. We explore the ways in which this versatile and resilient alternative to cement is making a comeback.
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imecrete may sound like a zesty Mediterranean cocktail served in London’s more exclusive bars, but in fact this building material has historical roots stretching back centuries (see box, opposite). And it is once more finding favour in the repair of historic properties, after being overlooked for many decades following the introduction of its modern counterpart, concrete. “For contemporary buildings concrete and other cementitious materials complement the surrounding building materials very well,” says Fisher German associate building surveyor Tom Barton, “but using them to repair and refurbish historic buildings can create or maintain damp problems leading to damage to adjacent historic fabric. Lime, unlike cementitious products, allows for the passage of moisture, so is likely to work much better with older properties.” These ‘vernacular’ buildings will often have been built with stone that had been
quarried locally and in many parts of the UK this stone can be soft. Similarly, bricks produced before the 1800s will generally be relatively soft, making them much more susceptible to weathering and spalling when repaired with cement. Trapping moisture within external brickwork also makes any embedded timbers at risk from decay mechanisms.
Improving supply chain Whereas lime-based materials allow properties constructed with soft stone or bricks to ‘breathe’, concrete can create problems as it inhibits the free flow of moisture. The most common use of concrete in older buildings is the replacement of ground level floors, either because the existing surface has failed to incorporate insulation, or to address damp problems. The modern solution of covering a base of compacted hardcore with a concrete floor slab, damp-proof membrane, insulation board and concrete
Case studies At Jordans Farm, a listed 18th-century barn at Appleby Magna, Leicestershire and The Close House, a listed late 17th-century townhouse on the Melbourne Estate in Derbyshire, the existing floors needed replacing. The former was a concrete slab and the latter quarry tiles on a sand bed. “Rather than the standard solution of a concrete floor slab we installed an insulated limecrete floor in both properties,” says Tom. “We chose this option as it will prevent the floor from forcing ground moisture into the walls and damaging the vulnerable bricks and, in the case of the townhouse, contributing to damp problems already present on the ground floor walls.”
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screed can quickly produce an excellent finish, but may not partner so well with the soft walls surrounding it. The limecrete equivalent uses a modern hardcore made from glass or expanded clay and a breathable top layer which can either be polished to any number of different finishes or can be laid with natural stone or wooden flooring. So why is limecrete not used more often? “Until recently it was difficult to get hold of many of the lime-based materials,” explains Tom, “but in the last five years or so, the supply chain has improved massively, with products being available in a variety of forms. Working with lime is often more expensive than cement and needs extra attention in terms of programming as lime takes longer to set. However, perhaps the biggest issue remains the unfamiliarity of general building contractors with many lime products.” Although lime was a familiar material only three generations ago, many builders haven’t worked with it. And in some instances, they may be less inclined to try, as lime can be trickier to use. “The application of a typical sand and cement mix is difficult to get wrong,” concedes Tom, “whereas lime requires contractors to pay great attention to the materials following application and in particular during the initial carbonation stage. Lime is more temperature-sensitive and fundamentally, requires sufficient
building conservation
Lime explained Lime for building purposes is produced by burning limestone to create calcium oxide, or quicklime, before the controlled re-introduction of water and carbon dioxide to return the lime to a solid form. This is known as the lime cycle. Purest lime, known as putty or fat lime, is purchased in a mature form and is generally restricted to internal use, although suppliers are now selling this with pozzolanic material to mix with the putty to enable a ‘hydraulic set’ to be achieved, which is generally required for external use. Lime for pointing is normally purchased in a bagged hydrated (powder) form as Natural Hydraulic Lime, such as NHL3.5 and then mixed with aggregate and water on site. The selection of the appropriate aggregate is crucial to the performance of the mortar, the colour and the overall appearance. Aggregates are available from lime suppliers, but for most jobs, purchase of the correct aggregates from the quarry will be considerably more cost effective.
Insulated limecrete ground floor slabs are now a genuine option for historic buildings and can offer considerable benefits” moisture for the carbonation process to occur. Exterior limework can generally only be carried out between late April and early October.”
Lively appearance Greater use of lime and appropriate aggregates offers huge advantages in the appearance of historic building exteriors, with cement being comparatively a very miserable substitute. Whereas cement pointing, even in the popular 1:1:6 mix, will coat and dull the aggregates it comes into contact with, lime mortar reacts differently and allows the original
surfaces to shine through and creates a much livelier appearance. “Not only does it look much better, it’s much more resilient. While concrete pointing and render can often crack following normal movement in historic buildings, lime can effectively heal itself as small cracks expose the surface to carbon dioxide which causes the lime to reset,” adds Tom. Lime isn’t limited to floors and walls. Lime putty (a mixture of lime and linseed oil) is used as a filler where timber meets stone or brickwork. And lime is even used on roofs. “It’s common to install modern sarking felts in re-roofing projects,” says
Tom, “but inspection of many original roofs on historic properties shows lime mortar being used to prevent wind-blown rain entering the roof space and to control rocking of the roofing material. This time-proven solution, known as torching, should be replicated when possible to maintain the heritage value of a building. Functionally, it will also enable ventilation within the roof which is very important to control the risk of timber decay.” After being almost forgotten, lime is set to make a comeback. For historic buildings up and down the country this will, quite literally, be a breath of fresh air.
For more information, please contact Tom Barton on 01530 567469 or email tom.barton@fishergerman.co.uk
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Paving the way CEMEX has worked on some of the UK’s most groundbreaking infrastructure projects and, as it prepares to celebrate its 110th anniversary, we chart the firm’s growth from local cement plant in Mexico to the leading multinational building materials company we know today.
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ot many companies can claim to have had a hand in some of the UK’s largest infrastructure projects, but CEMEX is one of them. It has provided ready-mixed concrete and other construction materials to major building projects such as Cardiff’s Millennium Stadium and the Channel Tunnel Rail Link. The CEMEX brand is well known throughout the UK and the company’s tanker lorries are a familiar sight on many of our roads, yet few will be aware that the company will celebrate its 110th birthday in 2016.
Rugby cement Cement has been produced in Rugby, Warwickshire, for more than 200 years. The CEMEX plant is one of the most modern cement factories in the world, with a kiln that extends half the length of a football pitch. It can produce 1.8 million tonnes of cement annually – enough to build 72,000 homes. Each day the plant receives 4,000 cubic metres of chalk slurry and 2,000 tonnes of clay. Around 80 per cent of the finished product is loaded into bulk tankers, while the remainder is bagged for delivery to builders’ merchants and DIY stores.
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The story started in 1906 when a small cement plant began operations in northern Mexico. Since then CEMEX has grown from a local player into one of the top companies in the world. Following a number of successful acquisitions, CEMEX now has more than 40,000 employees worldwide and a turnover of around US$15bn (£10bn). In the UK, where cement was invented (see box, right), CEMEX generates around £775m in annual sales. The company’s core business is the extraction and supply of aggregates and quarried materials and the production and supply of cement and ready-mixed concrete. The firm also
employing around 3,500 people across the country. With 63 quarries and a fleet of modern vessels supplying marine aggregates, the firm is a major provider of crushed rock, sand and gravel for a wide range of construction applications. To meet demand from the construction industry CEMEX operates a comprehensive national supply network to ensure that high-quality materials and services are available where and when its customers want them. Nationwide, the company operates more than 230 concrete mixing plants to ensure efficient delivery to virtually
We work closely with local authorities and communities to ensure the best outcome for all” supplies and installs asphalt materials, manufactures concrete block pavings, rail products and bespoke pre-cast and concrete blocks.
Major UK provider CEMEX is the UK market leader in ready-mixed concrete and a leading supplier of mortars and screeds,
any location in the UK, and transports its products across the country by road, rail, sea and inland water. The company’s headquarters are based in Thorpe, Surrey and it also has offices in Preston Brook in Cheshire, Stockton in Teesdale, Uddingston, near Glasgow, and Rugby in Warwickshire. The latter is the home of Rugby cement (see box, left).
Business profile CEMEX has supplied materials to some of the UK’s biggest projects, including London’s ‘Walkie Talkie’ building
What is cement? New property portal Fisher German was initially appointed by CEMEX to manage its let property portfolio, alongside advising on its portfolio of surplus assets. A more recent and innovative project that we have been working with CEMEX on is the Property Portfolio – an online, access anywhere, anytime full account of all let properties that Fisher German manages on CEMEX’s behalf.
Working with raw materials and heavy machinery can present risks to the workforce, so CEMEX is dedicated to being a world leader in health and safety. The company has a target of zero injuries and does not tolerate unsafe working practices. “The health, safety, and wellbeing of our people are of paramount importance to us and are critical to our ability to conduct our business,” says health and safety director Andy Taylor. “We continually monitor our safety progress to ensure that our programmes are working as effectively as possible. All employees are expected to ensure zero tolerance of any practices that could result in accidents and ill health, and contribute to ensuring a safe working environment by taking the necessary measures and following the correct practices,” he adds.
Innovative solutions CEMEX points out that sustainability is a key issue for the construction industry as a whole and is already embedded in the firm’s business strategy and its day-to-day operations. The company aims to lead in sustainable construction by developing building products and solutions that have significant positive sustainability attributes and contribute to the
Cement is made from a combination of raw materials. Rugby cement contains 70 per cent chalk that was deposited around 100 million years ago and is extracted from a quarry in Dunstable, Bedfordshire. It is added to clay that comes from a quarry near Southam, Warwickshire, which constitutes 25 per cent of the mix. The remaining ingredients are sand (4 per cent) and iron oxide (1 per cent). This ‘raw meal’ is fed into a cement kiln where temperatures reach 1,400 °C – high enough to melt steel. The heated material forms into lumps which when cool are then ground to a powder we recognise as cement.
transformation of the construction sector. “We provide innovative building materials and solutions that satisfy the needs of a resource-constrained society whilst striving to minimise our environmental footprint, and, in the end, create the greatest value for our stakeholders,” says Andy Spencer, director for sustainability and security. A good example of an innovative solution is roller compacted concrete (RCC) for road surfaces, which CEMEX points out is an environmentallyfriendlier option for road building projects. The traditional material used for surfacing is asphalt (bitumen) which requires significant heating energy during production. Around 830,000 tonnes of CO2 is attributed to the production of asphalt in the UK each year. In contrast, RCC requires no heating energy and once laid has a service life of 40 years. This compares with just 10 years for an asphalt road, which can also cost 20 per cent more than an RCC surface. As well as its operational sites, CEMEX has land holdings that have become surplus to requirements. These are spread out across 26 sites, mainly in the South East and the Midlands, but also in Scotland, and total around
2,000 acres. “These pieces of land were originally purchased in the 1950s or 1960s, or have come into the company more recently as the business acquired other companies, and we take a proactive approach to identifying development opportunities in our portfolio,” explains property director Simon Barrett. Many are former quarries or cement plants, like the Barrington Cement Works near Cambridge, which closed in 2012. Some 220 new homes are planned on the site (40 per cent of which will be affordable) plus open space and play areas, as well as a new car park for Barrington Primary School. “These projects can be very complex,” admits Simon, “as they can involve demolition and remediation of the ground, sometimes close to areas that are still operational. Generally we aim to secure planning consent on the land we no longer need so that it can be sold on for redevelopment. So we work closely with local authorities and communities to ensure the best outcome for all.”
For further information contact David Merton on 01530 410806 or david.merton@fishergerman.co.uk
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Access all areas
With the government aiming to deliver superfast broadband to 90 per cent of the UK by the end of 2015, we visit Egton Estate in North Yorkshire to discover the important role the business is playing in bringing connectivity to the countryside.
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lready taken for granted by those living and working in the UK’s towns and cities, superfast broadband is now set to come to even those in rural areas. By the end of 2015 the government aims to have speedy internet connections available to 90 per cent of UK households, though it isn’t clear how close it will come to meeting that target. For the 10 per cent who are currently forced to watch the wheel on their computer or smartphone spin endlessly as digital webpages struggle through Victorian-era copper wire technology, help may still be at hand. The government is funding the areas in which commercial providers say they can’t operate at a profit to the tune of around £830m. And in some of the most hard-toreach locations, Broadband Delivery UK (BDUK), the government body responsible for delivering superfast broadband, is trialling innovative wireless technology as an alternative to laying miles of fibre optic cable. One of those test areas is the Esk Valley in North Yorkshire, around an hour’s drive north of York and some six miles from the picturesque fishing town of Whitby.
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Here Airwave, the company chosen by BDUK to run the service, will use a combination of wireless technologies to connect up more than 300 properties. “The signals will come from a mother site on Limber Hill, part of the Mulgrave Estate, where dishes will beam them to
The project has required a wholesale rethinking of local planning policy” repeaters mounted on fixed masts, which in turn will bounce them on to receivers fixed on to individual properties,” explains Fisher German partner and telecoms specialist Christopher Hicks. “The project has required a wholesale rethinking of local planning policy as the area is such an important tourist destination.” Airwave would have liked to have put up around 10 masts, but planners insisted on reducing the numbers, so just four sites
were chosen – three on the Egton Estate (see box) and one in Glaisdale. In each case, Airwave needed access to private land to locate and maintain the mast. Christopher, who acted on behalf of the Egton Estate, says that when negotiating with Airwave it was important to bear in mind the utility of the new service: “The key was to get reasonable heads of terms on the leases agreed. We didn’t want to be too demanding, as that might stop
Superfast broadband
Egton Estate Located on the north-eastern fringe of the North York Moors National Park, the 6,000acre Egton Estate is surrounded by rugged and spectacular scenery. Home to country sports, it specialises in owning and managing commercial grouse moors and pheasant shoots, as well as prolific salmon and sea trout fishing on the Yorkshire Esk. In 1869 it grabbed the attention of worsted cloth manufacturer John Foster, who in 1835 founded the famous Black Dyke Mills at Queensbury, near Bradford in West Yorkshire. Together with his brother Abraham Briggs Foster he purchased Egton as a sporting estate, and since then it has remained in the Foster family. (The cloth manufacturing business Foster set up is also still in existence.) For nearly 40 years the estate has been run by the family as a commercial operation, with Olly Foster taking over Egton Estate from his father, Simon, in autumn 2014. The majority of the estate (4,900 acres) is
heather moorland, which stretches out across Egton High Moor, a designated Site of Special Scientific Interest, neighbouring Rosedale Moor, Wheeldale and Danby. The moor looks across to Whitby and the coast. The grouse moor is looked after on a day-to-day basis by two full-time game keepers who manage the heather moorland habitat for the benefit of all species. As well as red grouse, other species that are attracted to the area include waders, golden plover, lapwing, curlew and merlin. Other land on the estate includes 500 acres of pasture and 400 acres of commercial and amenity woodland. Running through the middle of this stunning scenery is the Yorkshire Esk, one of the country’s most prolific salmon and sea trout spate rivers. There are approximately three miles of double bank fishing. The river is host to an array of other species and kingfisher, dippers, fresh water mussel
development, but it was important to protect the landowner’s rights.” As a result, the 15-year leases with flexible break rights agreed for each mast, which pay the landowner a modest fee, are restricted to broadband use only. If Airwave or another operator wants to add additional services, such as mobile phone transmitters, they will have to renegotiate the leases. “When the system goes live households will have to pay for
pearls and otters can all be found within the river system. For owner Olly Foster, the introduction of superfast broadband to Egton brings with it the promise of greater diversification of the estate’s business and leisure offerings. “The current broadband provision for modern day requirements is totally inadequate – business and social users expect faster upload and download speeds,” he says. “We think the estate has made a good commercial decision to provide state-ofthe-art broadband to allow better communication, and we are pleased that the estate has also been able to facilitate this for residents in the local area. “In due course we will diversify and move forward from exclusively a traditional sporting estate to a more modern offering and broadband will be a key facilitator in that.” For further details, go to: www.egtonestate.co.uk
a superfast broadband package as they would anywhere else,” adds Christopher, “but as part of the lease agreement the owners of the Egton Estate will have access free-of-charge for the lifetime of the scheme.” Another positive knock-on effect has been an increase in demand for the rental properties owned by the Estate, thanks to the promise of superfast broadband, which is set to begin in early 2016.
For more information, please contact Christopher Hicks on 01858 411202 or christopher.hicks@fishergerman.co.uk
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Putting down roots O
ur agency business at Fisher German continues to grow from strength to strength, and we are excited by the diversity of our property portfolio and the broad range of transactions that we handle for our clients. We assist in matters such as marketing small pockets of land to substantial commercial farms, or village cottages to important country houses, and our development sales cover everything from single barns for conversion through to extensive sites with the potential for hundreds of residential properties. We also handle a whole host of commercial enterprises including equestrian centres, quarry sales and stretches of river. Here is a showcase of some of our current sales from the residential and rural agency teams across the country.
The Bothy, Cheshire An outstanding family residence designed and finished to an exceptional standard, guide price ÂŁ1,200,000
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Diverse sales
Telegraph House, Buckinghamshire This stylish family home has been creatively extended and is located in an idyllic no-through lane in the heart of Mursley, guide price £1,050,000
Red Croft, South Yorkshire An impressive five-bedroom property set within exquisite grounds of about four acres with a fourhole golf course, guide price £975,000
Spout House Farm, Cheshire An exceptional equestrian facility with handsome stone farmhouse and 11.32 acres of land, guide price £1,250,000
Woodville Farm, Cheshire A charming farmhouse and smallholding with extensive outbuildings and land totalling approx. 13.92 acres, guide price £575,000
The Old Vicarage, Nottinghamshire A sympathetically restored Grade II listed four/ five-bedroom Georgian vicarage offering spacious, period living throughout, guide price £645,000
High House Wharf, Northamptonshire A spacious canal-side investment property with house, flat, outbuildings and marina, guide price £1,500,000
Woodlands, Staffordshire Six lots of woodland offered for sale by informal tender by the Peak District National Park Authority, guide price £3,000–£14,000 (lot dependent)
Thorneycroft, Derbyshire A fine mansion house overlooking the Pavilion Gardens in Buxton, plus two holiday cottages, guide price £1,995,000
Proffitt’s House, Oxfordshire An attractive ironstone and thatch house oozing character features and set within charming gardens, guide price £795,000
St Kenelm’s Hall, Worcestershire A stunning residence in a prime location, with exceptional accommodation and indoor swimming pool, guide price £1,350,000
Stone House, Leicestershire An outstanding house offering spacious accommodation in this sought-after village, guide price £800,000
The Bradley Hall Estate, Staffordshire A compact estate comprising large farmhouse, farm buildings, two cottages and a barn conversion, guide price £2,750,000 for the whole
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peoplenews
New wave of promotions announced Twelve individuals have been promoted across the business, following a strong quarter As we head into winter, we are pleased to announce the promotion of 12 colleagues from throughout the business. These promotions cut across the full range of sectors and services offered by Fisher German and recognise the hard work and expertise of those involved. William Gagie, right, an expert in minerals, mining and quarrying, and Seb Kingsley, far right, of the utilities and infrastructure sector, have both been promoted to fixed share partner. There have also been six promotions to local partner: Joy Brankin-Frisby in property agency, Matthew Burton a rural surveyor, Angela Cornell a planning specialist, Simon Geary and William Lewis, both commercial surveyors, and Ruth Ofield of the utilities sector. Meanwhile, James Watson in utilities, Tiffany Salmon in rural and Charlotte Gore and Jonathan Colman, both in
the farms team, all became associates from 1 October. Commenting on their success, senior partner Richard Sanders says: “We congratulate all of these promotions and would like to thank them for
their substantial contributions to the continuing growth and success of the Fisher German business.” Contact details for any of the people mentioned above can be found at www.fishergerman.co.uk/people
Strong graduate take-up across all sectors Graduate roles across the firm’s six sectors continue to attract interest, with seven new positions filled in recent weeks. The firm is keen to attract young talent, and thanks to its continuing investment in training and development it can boast a 96% success rate in helping new professionals qualify. At present, Fisher German invites graduates with RICS-accredited degrees from Harper Adams University, University of Reading or Royal Agricultural University, Cirencester to apply, though those who have completed, or are undergoing, a conversion course or a relevant post-graduate qualification will also be considered. Successful applicants, who are placed in the department best suited to their skills, will be given full support to ensure their professional development needs are met, explains Maria Wade,
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human resources manager. “The wellbeing of employees is incredibly important to the firm, and we invest a lot of time and attention to ensuring the best fit for new recruits. Once on the APC pathway it takes two years to qualify as surveyor, and over that period recruits will work with an internal supervisor, councillor and an APC Doctor to ensure they are on track,” she says. Fisher German also offers six-to-eight week summer placements to undergraduates, and Maria would encourage those looking to get ahead of the competition to apply. “Many who come in their first year are invited back, and we keep in contact and mentor them in the intervening period to help with their
development. We may even make an offer to them at the end of the placement if the feedback from the department is good,” she explains. If you are interested in a career or a summer placement with Fisher German please contact Maria Wade at maria. wade@fishergerman.co.uk or visit the firm’s website at www.fishergerman. co.uk/careers/graduates
PARTNER SPOTLIGHT
Partner spotlight: Rachel Cliffe Farmer’s daughter Rachel Cliffe has risen through the ranks to become Fisher German’s youngest local partner after setting her sights on the firm while at university. She tells us why the fast-paced utilities and infrastructure team is the most dynamic place to be.
“I
grew up on a traditional arable farm in Staffordshire, and knew from as young as 16 that I wanted a career that allowed me to travel – I can’t imagine a job that kept me in an office all day,” says Rachel of her decision to join Fisher German fresh out of university. She spent a placement year at the firm as part of her Rural Enterprise and Land Management course at Harper Adams University, and credits the experience for her achievements so far. “I feel very lucky to have graduated with the work experience to develop my career in an area that interests me. I got so much from my placement that I now give a guest lecture every year at Harper Adams to explain the different areas of the business and the opportunities available,” she says.
Rachel and her team taking part in a charity ‘mud run’
I knew from as young as 16 that I wanted a career that allowed me to travel” Rachel, who is responsible for 2,500 km of aviation fuel pipelines, has risen to become Fisher German’s youngest local partner since joining the utilities and infrastructure team in 2009. Her role sees her travelling all over the country providing asset protection and property management to clients. “I run a team of eight and we focus on ensuring thirdparties do not disturb our clients’ assets,” she explains. The team utilises LinesearchbeforeUdig to assist in the asset protection, a site that receives more than one million enquiries per year, “so there is lots to do,” she laughs. Despite the workload, Rachel says her sector is one of the most dynamic areas of the business. “The requirements to install, improve and maintain aging infrastructure
are massive. As the population grows the requirement for energy will increase: everyone wants to turn on their light switch and their gas hob, or catch a cheap flight to Ibiza, but if you supplied Heathrow Airport with aviation fuel by tanker rather than pipeline, then the M25 would be at a standstill,” she points out. So what skills do graduates need to be successful? “Communication, without a shadow of a doubt,” says Rachel. “We speak with every single type of person, from landowners with thousands of acres to the private owner of 29 Primrose Drive who has found out the house they are purchasing has an oil pipeline in the back garden – essentially our job is to find a solution that suits all parties, satisfies the legislation and promotes safety.”
Outside of work, Rachel spends time giving back to others, with recent exploits including a ‘mud run’ with her Fisher German team in aid of Cancer Research, not to mention the numerous educational and charitable events she organises as Secretary for the Midlands Branch – The Pipeline Industries Guild and committee member of the Harper Adams Club. Striking a strong work/life balance is also important to Rachel, and she is always looking for adventurous ways to broaden her horizons. “It is so important to do things completely outside your day job to realise there is a massive world out there. This year I went cattle ranching in Colorado; it was quite extreme but then I’m not really a ‘sit on the beach’ kind of girl!” For further information, please contact Rachel Cliffe on 01530 410863 or email rachel.cliffe@fishergerman.co.uk
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Sector insight Market lethargy
Remaining steady
Challenges, but boom continues
Stuart Flint, head of residential
David Merton, head of rural
Richard Benson, head of development
We expected a sluggish housing market at the start of 2015. Every general election creates apathy as buyers and sellers tread water, spectators to the political drama. We could be forgiven for predicting a swift return to ‘normality’ with the sigh of relief that accompanied the majority result. The market caught us out. Almost before the Downing Street party had ended, the Bank of England in its wisdom signalled interest rate rises, but gave no timescale. Bank lending has remained very tight. Worries persist about the domestic and global economy. The dynamic market we predicted has not materialised. It has not been horrible, it has just been sluggish. Land Registry figures show that house sale volumes across the UK are down every month of 2015 compared with 2014. Only one month saw a fall of less than 10 per cent and some months were down almost 20 per cent. The percentages increase further as you examine the prime market: 26 per cent down over £1.5m and 34 per cent down for houses at £2m+ showing the challenge of the ‘top end’. The lack of supply has kept prices easing forwards with Land Registry data showing 4.2 per cent average house price growth across the UK, January to August. Looking forwards, there appears to be a considerable number of people looking at buying or selling in 2016 with the anticipation of a stable market and we are already preparing some impressive houses for 2016 launch. I predict a full swing in market statistics with a return to 2014 sale volumes and very little increase in the house price indices. If I’m right, it will be much more fun for everyone, not just us agents!
Even with the high yields achieved this 2015 harvest, farmers face the difficulties of a strong pound and slow global demand as world grain stocks are predicted to peak at their highest level for 29 years by the end of 2015/16; each contributing to the current downturn in commodity prices. In addition, with the UK’s continued membership of the EU looking increasingly uncertain, there may be significant changes to the way UK farming is supported. Against this backdrop, both investors and farmers are less willing to commit to big expenditure, and in some instances reduced agricultural profitability is driving sales. Whilst land prices remain strong, we are beginning to see signs that the pace of growth is slowing; the spring of this year brought a greater supply of land to the market than seen for some years and purchasers are showing an increased level of caution. There is greater variety in the range of farmland values being achieved than there has been in recent years with values often distorted where there are strong local buyers or rollover money is available. Until there is a sustained recovery in commodity prices and agricultural profitability improves, we expect prices to remain consistent.
The first annual fall in construction output since May 2013 is unlikely to affect government policy for economic growth. However, at local level, the decision-making process for development remains unstable and we continue to see elected members overturning planning officer recommendations. Announcements on affordable housing have not helped, creating uncertainty in the market. The recently published Housing Bill may clarify this, although land values remain affected for now. Despite suggestions that the planning system is ‘on the brink’, there are rumoured changes to the National Planning Policy Framework (NPPF), possibly early in 2016, while a high-level review of the section 106 system is underway. Recent measures do support the house building drive: permitted development rights enabling conversion of offices to housing is now permanent; flexibility on starter home sites is available and there is an ambition to deliver all Local Plans by 2017. Other sectors of the construction industry are less buoyant, although there is activity in the education sector, as Academies are created and schools bid for funding, and there has been a notable increase in speculative commercial developments. However, difficulties may be around the corner. From April 2018, landlords will be affected if plans are adopted to make the letting of any property illegal if buildings have an energy rating of ‘F’ or ‘G’ and, with global construction forecast to increase by over 40 per cent in the next 10 years, a shortage of materials and skilled operatives in the UK is bound to impact markedly on build costs.
For further information, please contact Stuart Flint on 07501 720422 or email stuart.flint@fishergerman.co.uk
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For further information, please contact David Merton on 01530 410806 or email david.merton@fishergerman.co.uk
For further information, please contact Richard Benson on 01530 567466 or email richard.benson@fishergerman.co.uk
sector SPOTLIGHT
Fisher German’s sector heads look forward to what lies ahead for the firm and its clients
Return to stable improvement
Challenges breed opportunities
New energy opportunities
Kevin Benson, head of commercial
Andrew Bridge, head of utilities & infrastructure
Mark Newton, head of energy & renewables
My last update was entitled ‘Return of confidence’ and from this you can guess I was fairly bullish in my assessment of market conditions. Lately, however, there has been talk of a slowdown and interestingly, one client who specialises in making structural steel says they are less busy than they were a couple of months ago. Yet I am not convinced that the market is slowing to a degree that the doom and gloom of the last few years will return. My view – and it’s one I have heard elsewhere – is that the increase in activity was in some respect driven by a flood of occupiers who had been putting off the next move until they were confident that it was the right time. What we may have now is a return to a more stable improvement with the market still finding its feet. Indeed, activity levels are still high within the sector and we continue to see a significant level of secured lending work and this is driven from both occupiers and investors. Occupier demand is still good although the lack of available stock is becoming an issue, we are seeing rents and capital values recovering, and the investment market is particularly strong. My colleagues in the telecoms team remain very busy and report much the same as the commercial property teams in respect of activity and values. What is exciting is the level of work we are seeing in terms of development. It is truly a credit to Fisher German that the knowledge and skills that we can offer to clients are helping them to derive the best possible values from their property, with joinedup thinking from planning, building and construction, and my sector to secure the best outcome.
As we head into winter, and since the last update, we have started to see the repercussions of the May election and the impact on the energy sector. The renewable energy industry has seen a green policy reversal that has led to subsidy cuts directly impacting on projects – Drax and its investment in the White Rose carbon capture project being one such example. A commitment from the government on Hinkley Point for up to £2bn has given a clear message of intent regarding the necessity to have a diverse energy portfolio and the desire to be energy secure. The price of oil has remained lower than many market analysts had predicted and this has placed pressure on many organisations in the energy industry. Infrastructure remains an asset that owners are focusing on, either through direct replacement or investment in innovation to provide an alternative solution. How do these headlines impact on the sector? Energy is a necessity and infrastructure is integral, requiring continued investment. Engineers are in scarce supply and schemes are pressurised through potential cost, process and fear of over-run. As such, for service suppliers it is important to have sufficient qualified resource to react and meet clients’ expectations. Training and development are vital through all areas of delivery and potentially act to differentiate suppliers. The processes adopted alongside the systems being used need constant review to adapt to the changes within the industry. A challenging outlook for the sector, which in turn will allow for opportunities to develop.
The previous Labour and also the last coalition government all supported renewables. Yet the current Conservative government has now removed nearly all support for renewables since it came into power in May. Instead, it is relying on nuclear power and fracking for its new energy policy. Many farmers and landowners have relied on renewables as an ideal source of diversification for their business, to control their own energy costs and sell the surplus to the grid. Since most new renewables projects are no longer viable, there are still new energy opportunities for landowners and farmers, such as STOR (Short Term Operating Reserve) sites. These need to be built over the next two years next to electricity substations taking an area of less than one acre and paying rentals of over £100,000 per annum. The other big game changer in the energy market is battery storage, which will help to flatten out the high power fluctuations of renewables, like wind and solar. Previously the price of lithium-ion batteries was too expensive, but now the price is coming down. These sites will only be a half acre in size and either located next to electricity substations or in areas of businesses that have large electricity usage. They can buy in the electricity when it is cheap at night, store it and then release it during the day when prices are much higher. One of the few remaining renewable opportunities is 2MW Anaerobic Digester sites. These take up an area of 10-12 acres and either convert the gas into electricity and sell it into the grid, or sell the gas direct into the mains gas grid. Rentals are being paid of £70,000 – £100,000 per annum for a 10-12 acre site. There are still opportunities in the energy market for landowners, but it needs lots more lateral thinking.
For further information, please contact Kevin Benson on 01777 719148 or email kevin.benson@fishergerman.co.uk
For further information, please contact Andrew Bridge on 07836 214878 or email andrew.bridge@fishergerman.co.uk
For further information, please contact Mark Newton on 01858 411215 or email mark.newton@fishergerman.co.uk
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Office directory Contact details for Fisher German’s 15 national offices
1 St Helens
Phone 01744 451145 sthelens@fishergerman.co.uk Rainford Hall Crank Road WA11 7RP
2 Chester
Phone 01244 409660 chester@fishergerman.co.uk 4 Vicars Lane CH1 1QU
Fisher German sectors Commercial
3 Knutsford
Development
Phone 01565 757970 knutsford@fishergerman.co.uk 2 Royal Court Tatton Street WA16 6EN
Energy & Renewables Residential Rural Utilities & Infrastructure
4 Stafford
Phone 01785 220044 stafford@fishergerman.co.uk 2 Rutherford Court ST18 0GP
5 Retford
Phone 01777 709943 retford@fishergerman.co.uk 21 Exchange Street DN22 6BL
6 Newark
Phone 01636 642500 newark@fishergerman.co.uk 12 Halifax Court Fernwood Business Park Cross Lane NG24 3JP
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sector spotlight
15 Canterbury
Phone 01227 477877 canterbury@fishergerman.co.uk Court Lodge Farm Offices Godmersham Park CT4 7DT
14 Bedford
Phone 01234 823661 bedford@fishergerman.co.uk Park Farm House Park Road Stevington Bedford MK43 7QF
13 Hungerford
Phone 01488 662750 hungerford@fishergerman.co.uk The Cuttings 120 High Street RG17 0LU
12 Thame 1
Phone 01844 212004 thame@fishergerman.co.uk 17 High Street OX9 2BZ
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3 2
6 4
11 Banbury
Phone 01295 271555 banbury@fishergerman.co.uk 50 South Bar OX16 9AB
7 8
9
14
10
10 Worcester rural
Phone 01905 453275 worcester@fishergerman.co.uk 2 Birch Court Blackpole East WR3 8SG
11 12
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Worcester agency
Phone 01905 726220 worcesteragency@fishergerman.co.uk City Wells House Sidbury WR1 2HZ
9 Bromsgrove 7 Ashby-de-la-Zouch Phone 01530 412821 ashby@fishergerman.co.uk The Grange 80 Tamworth Road LE65 2BY
8 Market Harborough
Phone 01858 410200 harborough@fishergerman.co.uk 40 High Street LE16 7NX
Phone 01527 575525 bromsgrove@fishergerman.co.uk 8 New Road B60 2JD
For more information visit:
www.fishergerman.co.uk fisher german magazine
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www.fishergerman.co.uk