Rodgers Christopher. Agricultural Law. Bloomsbury Publishing,2016. — 914 p.. 2016
Agricultural law has undergone major changes sine the last edition was published in 2008. The volume of environmental legislation applicable to agriculture has continued to grow, and the European Union’s Europe 2020 reform process has led to further changes in the land use controls introduced through the common agricultural policy. The chapters in Section 111 (land use) have been substantially remodelled to take account of these changes. The chapters on farm tenancy law have also been revised to take account of legislative changes and case law, and also to reflect the continuing work of the Tenancy Reform Industry Group – for example the introduction of new model clauses for farm tenancy agreements in 2015. Where relevant, the text seeks to integrate consideration of land use controls with the law of land tenure - so that, for example, the chapters on farm business tenancies and agricultural holdings include discussion of the impact on the drafting of farm tenancy agreements of the introduction of the basic payment scheme in 2015, of changes in the various agri-environment schemes that have taken place since 2008, and of the implications of changes in planning law and pollution control.
Section I Introduction
Chapter 1 Agricultural land tenure and protective legislation
AINTRODUCTION
BAGRICULTURAL TENURE: AN HISTORICAL INTRODUCTION
CTHE AGRICULTURAL HOLDINGS ACT 1986
DFARM BUSINESS TENANCIES
ETHE TENANCY REFORM INDUSTRY GROUP (‘TRIG’)
Chapter 2 Land use and the law of the Common Agricultural Policy
AAGRICULTURE, LAND USE AND THE ENVIRONMENT
BLAND USE AND THE COMMON AGRICULTURAL POLICY
CRURAL DEVELOPMENT AND AGRI-ENVIRONMENTAL MEASURES
Section II The Law of Land Tenure
Chapter 3 Farm Business Tenancies
A FARM BUSINESS TENANCIES DEFINED
B CREATING A FARM BUSINESS TENANCY
B CONTRACT OF TENANCY
C RENT AND RENT REVIEW
Chapter 4 Termination of Farm Business Tenancies
A FIXED TERM TENANCIES
B PERIODIC TENANCIES
C OTHER MODES OF TERMINATION
D FIXTURES AND COMPENSATION
Chapter 5 Agricultural Holdings
ASCOPE OF AGRICULTURAL HOLDINGS ACT 1986
B ‘AGRICULTURAL HOLDING’ DEFINED
CLEGAL INTERESTS PROTECTED
DEXCEPTIONS TO STATUTORY PROTECTION
EALTERNATIVE MODES OF TENURE
FAGRICULTURAL HOLDINGS AND OTHER PROTECTIVE CODES
Chapter 6 Agricultural Holdings: The Tenancy Agreement
A INTRODUCTION
B THE TENANCY AGREEMENT
B FIXED EQUIPMENT
CRENT AND RENT REVIEW
Chapter 7 Agricultural Holdings: Security of Tenure
ARESTRICTIONS ON NOTICES TO QUIT
B REPOSSESSION OF PART OF A HOLDING
C REMOVAL OF SECURITY: THE CASES FOR POSSESSION
D The Cases for Possession
DPROVISO FOR RE-ENTRY AND FORFEITURE
E JOINT AND DERIVATIVE INTERESTS
Chapter 8 Statutory succession to agricultural holdings
B SUCCESSION ON DEATH
4 Two successions only
C SUCCESSION ON RETIREMENT
Chapter 9 Agricultural Holdings: Compensation on Termination of Tenancy
A INTRODUCTION
B LANDLORD’S CLAIMS ON TERMINATION
C TENANT’S CLAIMS ON TERMINATION
Chapter 10 Market Gardens, Smallholdings and Allotments
A MARKET GARDENS
B SMALHOLDINGS
C ALOTMENTS
Chapter 11 Farm Cottages
A INTRODUCTION
B PROTECTED AGRICULTURAL OCCUPANCIES
C TRANSITIONAL PROVISIONS
D ASSURED AGRICULTURAL OCCUPANCIES
E ASURED SHORTHOLD TENANCIES
Section III The Law of Land Use
Chapter 12 Planning Law and Development Control
A AGRICULTURAL LAND USE AND DEVELOPMENT CONTROL
B PERMITTED AGRICULTURAL DEVELOPMENT RIGHTS
C CLASS A: DEVELOPMENT ON UNITS OF 5 HECTARES OR MORE
CLASS B: DEVELOPMENT ON UNITS OF LESS THAN 5 HECTARES
CLASS C: MINERAL WORKING FOR AGRICULTURAL PURPOSES
CONVERSION OF FORMER AGRICULTURAL BUILDINGS
D ENVIRONMENTAL IMPACT ASSESSMENT
E TREE PRESERVATION ORDERS
F PROTECTION OF HEDGEROWS
Chapter 13 Agriculture, Nature Conservation and Land Use
A NATURE CONSERVATION LEGISLATION
B DESIGNATION OF SPECIAL AREAS FOR PROTECTION
C MANAGEMENT AGREEMENTS
D NATURE CONSERVATION AND DEVELOPMENT CONTROL
Chapter 14 Pollution control and land use
A INTRODUCTION
B WATER POLLUTION
C AERIAL POLLUTION
D AGRICULTURAL WASTE
E POLLUTION CONTROL AND ‘GOOD AGRICULTURAL PRACTICE’
Chapter 15 Land use and the Common Agricultural Policy
A THE BASIC PAYMENT SCHEME
B ‘CROSS-COMPLIANCE’ AND LAND MANAGEMENT
Appendix
Dispute resolution
Appendix 2 Dispute Resolution
2.1ARBITRATION
2.2TRIBUNAL PROCEEDINGS
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