Fisher German Magazine Issue 24 Summer 2020

fisher german Magazine | Issue 24

www.fishergerman.co.uk

Building a greener future The opportunities and challenges of net zero emissions

2020 and beyond

Fisher German chairman Harry Cotterell on the new political landscape p6

Under the virtual hammer Why online auctions are growing, and how best to use them p22

Grounded in science

An innovative new way to assess and monitor soil health and quality p32

Welcome The unwelcome appearance of Covid-19 affected us all and Fisher German has been no exception. Nonetheless we, like many others, have proven resilient in the face of adversity and have adjusted to our new circumstances while continuing to add maximum value to our clients.

Andrew Bridge, The word ‘unprecedented’ has become managing partner embedded in our everyday vocabulary and the overriding message in this issue (emphasised in the keynote feature on p.6) is that we have entered a period of change. Brexit and a General Election, Covid-19, mounting environmental concerns and the impact of the Black Lives Matter movement will together have far-reaching repercussions across all industries. At Fisher German we are already giving considerable thought to how forthcoming developments will affect our clients as well as our own business.

In this issue we explore how our world is irreversibly becoming interlinked, from the UK target to achieve net zero carbon emissions by 2050 (p.10), through biodiversity net gain (p.14) and natural capital (p.8) to how we care for our soils (p.32).

It is clear that our clients can benefit from environment-focused policies and we welcome the opportunity to discuss the issues highlighted in this magazine with you. Above all, we wish you a safe and healthy remainder of 2020.

Natural capital

The inherent value of natural resources for land users

08 Secondments

Five FG staff talk about the value of their secondments

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Telecoms code

Vegan farming

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What to do when telecoms masts are attached to a building

People news

Exam success, raising awareness of men’s health, and work shadowing

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How a Derbyshire farmer diversified his farming business

Partner spotlight

Fisher German partner Sarah DeRenzy-Tomson takes us through her career so far

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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 email marketing@fishergerman.co.uk.

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News & views

2020 and beyond

Improving mental health, wildlife training, and FG makes growth list

The implications for businesses in the UK’s new political landscape

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Net zero

Biodiversity

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The challenges and opportunities for property companies aiming for net zero

Self storage

Change is in the horizon for how UK land is developed

Online auctions

The growing popularity of self-storage warehouses

The process and benefits of online selling

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22 Compulsory purchase

Soils matrix

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How Fisher German helped a client with compulsory purchase and tenancy issues

Our innovative new technique of monitoring soil health and quality

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Sector insight

Office directory

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What lies ahead for the firm and its clients

Publishing services provided

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Fisher German's national offices

Publisher Andrew Rogerson Editor Tracey Gardner Art director Jennifer Cibinic Designer Gio Isnenghi Website www.gristonline.com

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The magazine is fully recyclable

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news&views

Specialist wildlife training for infrastructure team The environment is an increasingly prominent issue in the planning process, and this year our utilities and infrastructure land and planning team has received specialist wildlife training from environmental consultants CSA Environmental.

The training gave the team an insight into the history of wildlife legislation, how it has evolved, and how this is linked to the planning process. They were also given advice on when to look out for protected species, and ways to address, mitigate or work around issues.

Aidan Marsh, director of CSA Environmental, said: “As legislation in this area expands and habitats become increasingly important, an expanding range of wider wildlife issues will need additional consideration.”

Iain Long, Associate Director in our Ashby office, said: “The team is currently focusing heavily on environmental issues, and the training was extremely useful in supporting us with this.

“By programming environmental constraints into our clients’ project timescales, we can protect the environment whilst also meeting client timescales and budgets."

FG colleagues are learning to put environmental considerations at the forefront of their approach

Schools to benefit from Building Communities scheme A Buckinghamshire school is the first in the UK to benefit from Fisher German’s new scheme which earns schools money every time the firm sells a house.

Long Crendon School has received more than £3,200 through our ‘Building Communities’ initiative in just a few months after we donated a proportion of the commission fee from every completed sale directly to the school.

Matthew Davis, Senior Associate in our Thame office, was instrumental in

getting the scheme off the ground. He said: “It’s so important for us to give something back to the communities we serve, and the Building Communities initiative is a perfect way of doing that.”

Alasdair Dunne, Head of Residential at Fisher German, added: “We hope to use Building Communities as much as we can across the country to give schools and clubs a much-needed boost.”

It’s so important for us to give something back to the communities we serve, and the Building Communities initiative is a perfect way of doing that.”

Matthew Davis, Senior Associate Senior associate Matthew Davis with children from Long Crendon School

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Pledging to improve mental health Fisher German has signed a pledge to become a Time to Change employer, committing to help change the way people think and act about mental health in the workplace.

Time to Change is a campaign run by Rethink Mental Illness and Mind and was set up to create a positive shift in public attitudes towards mental health problems. Fisher German’s management team has agreed a 12-month action plan which will promote positive mental health in the workplace and provide support to its employees.

Over the past year, we have trained mental health first aiders and created specialist mental health first aid kits for use across our offices. This year, we are implementing a mental health at work plan, encouraging open conversation, and ensuring employees have a healthy work-life balance. After signing the pledge, managing partner Andrew Bridge appeared on Estates Gazette’s first mental health podcast to talk about the role of mental health in the workplace, where he discussed our commitment to support our employees.

Managing partner Andrew Bridge signs the Time to Change pledge

This year, we are implementing a mental health at work plan, encouraging open conversation, and ensuring employees have a healthy work-life balance.�

Fisher German makes fast-growth list

Fisher German planners win RTPI East Midlands Planning Consultancy of the Year

Fisher German has been named in the top 10 fastest growing planning consultancies in the UK in 2019.

We added four chartered planners to our team in this period and have since taken our planning team to 24 across our office network.

Not only are we growing quickly, but we have also broken into the top 35 list of large employers of Chartered Town Planners, rising three places on our rank last year from 37th to joint 34th.

Our planning fee income for 2018/19 also increased by 35%. This puts us at number 26 in the top 50 planners list for 2018/19, up five places on last year.

In further good news, our planning team was named East Midlands Planning Consultancy of the Year for the second time, and was a finalist in the top prize category at the RTPI Awards for Planning Excellence 2020.

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Following the coronavirus pandemic, 2019’s General Election and as the UK continues the formal separation process from the European Union, Fisher German chairman Harry Cotterell explores the business implications of the UK’s new political landscape The coronavirus pandemic has temporarily diverted attention away from the strategic development and implementation of potentially far-reaching policies of a new government. Will Covid-19 have a longlasting impact on Westminster decisionmaking?

I don’t believe it will. While the restrictions on how many people may be physically present in the Houses of Parliament could remain for some time, the actual process of decisionmaking has been little affected, so as we move away from the initial period of lockdown, I can see the politicians quickly picking up many pieces of legislation from where they left off when the virus struck.

If we cast our minds back to last December and the 2019 General Election, the Conservative Party won a decisive victory.

As a result, Boris Johnson’s government now has a hefty majority in Parliament. Does this mean the political landscape will remain broadly the same as it has in recent years or are changes looming on the horizon?

It’s sometimes instructive to look backwards as we look forwards. For seven of the last nine years the Conservatives have been in either a coalition or a minority government, so the situation the party now finds itself in is quite different.

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Does that mean that political decisionmaking will now be more predictable?

Not at all. Voters of all political persuasions who think they know what to expect from a Tory government may well end up surprised by some of the decisions made in Parliament over the coming months. The Labour Party’s lurch to the left has led to a repositioning of the centre ground, which means that this is likely to be the most left-leaning government in decades. Again, looking back, we can see that when it came to hard and fast policies, Tony Blair’s Labour governments were in some ways to the right of the current one. It would therefore be unwise to forecast future decisions through the prism of traditional party politics.

Talking of Labour, will Sir Keir Starmer’s appointment as party leader have much impact on the government’s ability to implement changes it wants to make?

I think that’s very unlikely. Even if Sir Keir is convincingly able to rally the troops within Labour (and there’s no guarantee that will happen), we can expect the government to retain its sizeable majority for the foreseeable future.

All eyes on the government, in that case?

Very much so. Though I can’t emphasise enough that the new normal will be quite different from Conservative governments of the past. There will be changes ahead and, as a business, we are already considering what that means for our clients’ businesses, and also our own.

Dare we mention the B-word at this point?

We shouldn’t be shy about Brexit. The UK has already formally left the EU and the sole focus has now shifted towards what our new position outside Europe will be like. Obviously, a trade deal still has to be agreed, but Brexit is unlikely to dominate the headlines in the way it did last year, as attention focuses on domestic policy decisions. Make no mistake, there are some big calls to be made.

Let’s think about domestic policies, then.

What are we likely to see coming forward over the next 12 months?

There are three areas where we are likely to see not only much discussion but concrete decisions:

There will be changes ahead and, as a business, we are already considering what that means for our clients’ businesses, and also our own.”

• There are three key target sectors for growth: infrastructure, education and the NHS. We can expect to see a series of spending commitments for large-scale projects, which the government will hope can cushion the UK economy from any Brexit- and coronavirusrelated fall out. Major infrastructure projects may bring economic benefits over the long term, but in the near future they will also bring disruption and compensation litigation to the areas directly affected.

• The traditional geographic weighting of government spending – towards London and the Southeast – is likely to be revised.

• Climate policy will almost certainly form a central plank of all policy making. The Greta effect (the mobilisation of, in particular, large swathes of the younger part of the electorate) shouldn’t be underestimated.

This government will be acutely aware that to retain voter confidence, rhetoric about mitigating climate change will need to be accompanied by meaningful actions. The ramifications of this are wide-ranging and we are already considering how developers (see Biodiversity net gain feature, p.14) and property owners (see Net zero feature, p.10) will be affected, among others. New Environment and Agriculture Bills are certainly likely to make their way through Parliament in the next year or so.

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Anything else we should be watching out for?

Yes, there are areas where the government will look to make progress, though won’t necessarily seek to advertise the fact that it’s doing so, as they are politically contentious.

These include: • Currency stabilisation – although the mood music will suggest ongoing efforts to bolster sterling, a weak pound will actually prove more beneficial to the economy.

• Immigration – pledges to limit net migration need to be balanced against allowing the post-Brexit, coronavirus-dented economy to flourish with a ready supply of labour.

• Plenty of things to look forward to, all things considered.

That very much depends on your viewpoint!

The new government’s majority will allow it to push through decisions which may not be universally welcomed, even by some on its own benches. For example, while tax breaks for individuals and businesses are likely to be limited, further taxation on property, including some form of land value tax, is a real possibility, in part to recover some of the huge amount of cash injected into the economy as a result of the pandemic. This government is also unlikely to be shy about appropriating individual Labour policies if they can be presented as being good for business.

Harry Cotterell 07971 545944 harry.cotterell@fishergerman.co.uk

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Force of nature Natural capital has more recently gained widespread attention.

We take a look at the inherent value of natural resources for the mutual benefit of the environment and land users.

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f the phrase ‘natural capital’ isn’t overly familiar to you, the chances are that it soon will be. The significant impact that climate change will have on all our lives is leading to a fundamental reassessment of how natural resources are viewed and managed. While the concept of natural capital isn’t new (the government set up a national Natural Capital Committee in 2012), it is only relatively recently that it has gained more widespread attention.

But what actually is it? Essentially, natural capital includes the elements essential to human existence found in nature – including land, soil, ecosystems, air and water (see definition). Rethinking how these natural resources are valued – and the fact that values in some areas may rise significantly in the future – could create opportunities for landowners, though these might not be immediately apparent, or indeed for some time to come. For this reason, understanding the driving forces, as well as the wider backdrop, can give landowners a valuable head-start in identifying opportunities further down the line.

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“Combating climate change and protecting habitats are two key factors that are likely to dominate everything from government policy (see Keynote feature, p.6) to the choices we as individuals make about a diverse range of things from where we live, to how and where we travel,” says Fisher German partner David Kinnersley. “The details of how natural capital fits into this bigger picture are still unclear. It is something of a jigsaw puzzle – we have the pieces, but we don’t yet know what the final picture will be when they fall into place.”

Government policy will be crucial to determining how this happens. The 25 Year Environment Plan, launched in 2018, clearly establishes a new Environment Land Management system, underpinned by natural capital principles that set out goals for clean air and water, habitat protection and climate change mitigation. “Relatively simple measures, such as reducing ammonia emissions to improve air quality and bringing back wildflower meadows that will encourage greater pollination, are already being adopted, pushed by legislation and pulled by environmental scheme payments,” says David, “and we expect to see much more of this in the next few years.”

Financial investment

For starters, the government’s 2020 Budget delivers new financial contributions to the tune of £675m split among three separate funds (Nature for Climate, Nature Recovery Network and Natural Environment Impact), that will support initiatives such as tree planting, peatland restoration and habitat protection, as well as £320m for immediate flood defence construction and repairs. In addition, the Budget provides at least £800m for the creation of the UK’s first carbon capture and storage sites.

Major pieces of legislation, including new Environment and Agriculture Bills, are expected to become law in 2020 and these are likely to set clear markers for both habitat protection and carbon reduction. The principle of biodiversity net gain, where development must result in demonstrable improvements to local habitat (see Biodiversity feature, p.14) will have a profound impact on how land is developed in the future.

“Again, the effects on landowners aren’t immediately clear,” notes David, “but we

Relatively simple measures, such as reducing ammonia emissions to improve air quality and bringing back wildflower meadows that will encourage greater pollination, are already being adopted.”

are already examining a system that will link developers who need to offset space taken by new properties with landowners who can provide suitable replacement habitats.”

Ahead of a new Environment Bill, the government launched online guidance and tools in early 2020, badged as Enabling a Natural Capital Approach (ENCA) which, for the first time, brings together a comprehensive set of resources that should enable easier and clearer ways of valuing natural capital. “The government had already indicated through the 25 Year Environment Plan that it recognised the inherent value of soil and consequently the importance of soil quality,” says David. “As a result, we swiftly identified an opportunity for landowners and farmers to measure and then monitor their soil as a way of both improving productivity and the investment value of their land (see Soils Matrix feature, p.32).

Soil will also increasingly come into focus as methods for carbon reduction and carbon offsetting are developed to combat climate change and to meet the UK government’s commitment to be a net zero emitter of greenhouse gasses by 2050 (see Net zero feature, p.10. The process of locking carbon into the ground (sequestration) through tree planting and other methods could create interesting opportunities for landowners, though as the market for carbon credits is only just emerging, there could be a significant (likely upward) change in values over the next few years.

The government has recognised this with the first awardees of the Forestry Commission’s Woodland Carbon Guarantee in early 2020, who will have the freedom to sell carbon credits to the government for a set price at five-yearly intervals, or on the open market if they believe they will achieve a better price. “As the market develops, we will see how various challenges, such as a potential conflict between carbon offsetting and biodiversity net gain, can be resolved,” says David.

As well as carbon reduction, flood protection is seen as a key way of mitigating the effects of climate change.

At present, small-scale schemes by utility companies and bodies such as the Wye and Usk Foundation pay landowners to introduce grass margins and plant trees to prevent soil erosion and alleviate flood risks, but there is definitely potential for these kinds of measures to be introduced at a national level.

David concludes: “Although the capital value jigsaw is incomplete, there are certainly things landowners can do right now so that they are in an optimum position to take advantage of opportunities as they emerge. They can, for example, work out their current carbon footprint, think about what behavioural changes could reduce it and survey their land and soil so they have a very clear understanding of current biodiversity levels and how those might be improved.”

Natural capital – a definition Natural capital includes certain stocks of the elements of nature that have value to society, such as forests, fisheries, rivers, biodiversity, land and minerals. Natural capital includes both the living and nonliving aspects of ecosystems. Stocks of natural capital provide flows of environmental or ‘ecosystem’ services over time.

These services, often in combination with other forms of capital (human, produced and social), create a wide range of benefits. These include use values that involve interaction with the resource and which can have a market value (minerals, timber, freshwater) or non-market value (such as outdoor recreation, landscape amenity). They also include non-use values, such as the value people place on the existence of particular habitats or species.

Source: HM Treasury

David Kinnersley 07501 720405 david.kinnersley@fishergerman.co.uk

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Building a greener

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future C

ovid-19 has delayed, but not stopped, the United Nations planned COP26 intergovernmental gathering to agree on a long-term strategy to combat climate change.

When around 200 world leaders convene in Glasgow in November 2021, they will be aware that the UK is the first major economy in the world to create a legally binding target to bring its greenhouse gas emissions to ‘net zero’ by 2050. How this will be achieved in practice and to what extent the government will encourage and enforce compliance is currently unclear.

As heavy emitters, sectors such as transport and industry are likely to face the greatest pressure to remove carbon from their operating models. But property (commercial and residential), which currently accounts for one-third of the UK’s carbon emissions, also looks set for substantial change. Building regulations for new homes are already under review, though what measures will be required for existing commercial properties are largely still to be determined. Even without new building regulations, the commercial property sector is facing pressure on three fronts with the introduction of minimum energy efficiency standards for let property, investors increasingly concerned about the sustainability of their asset portfolios and occupiers (who are facing new carbon reporting requirements) keen to secure more sustainable buildings in an

The UK government was the first G7 nation to commit to achieving net zero carbon emissions by 2050. We look at the challenges and opportunities for property businesses aiming to meet this target.

effort to reduce emissions and demonstrate their sustainable credentials.

“For owners of and investors in commercial property, these are confusing times,” says Darren Edwards, partner and head of sustainable energy at Fisher German. “There is a daily stream of information, some of it contradictory, making it difficult to establish facts from opinion. What property owners need is clear and trustworthy advice that cuts through the background noise and enables them to make informed decisions about what they can and should be doing in practical terms without getting sidetracked. They need to be able to focus their attention on not just what is happening at the moment, but what is required to happen over the next 30 years.”

The right route

What would an ideal pathway to net zero look like? Darren says this will vary from owner to owner but the process of mapping out the pathway is the same.

For each property, its current use and energy performance is assessed and modelled. Steps can then be identified for how that building can achieve its optimum energy efficiency (and at what financial cost). Finally, the gap between the optimum energy performance and net zero can be calculated and measures required to complete the final stages of the journey factored into the route plan.

Corporates realise need for urgent change Through its National Commercial Property Management arm, Fisher German deals with a wide cross-section of property owners. And the message from them over the past 12 months has been clear: “They understand the underlying issues around climate change and as responsible companies they want to do the right thing and start making improvements,” says consultant partner James Rigby. “It is incredibly heartening that so many businesses recognise the need for urgent action and are stepping up to the mark without waiting for the government to introduce and enforce regulation.”

Some companies have already made a commitment to be carbon neutral well ahead of 2050 (Amazon, for example, has pledged to be so by 2040). In the UK nearly 30 leading property owners, including British Land, LGIM Real Assets, M&G Real Estate and Landsec, have committed to publishing plans by the end of 2020 outlining how they intend to achieve net zero status.

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A building’s energy consumption will largely depend on how it is occupied and being used. In commercial buildings, the energy consumption (and efficiency) can vary hugely according to fit out. For example, the main power draw in a shop is lighting compared to a gym where cooling, ventilation and hot water are in high demand or an office where heating and lighting are the principal uses. “It’s important to recognise that 80 per cent of buildings that will be in use in 2050 are already built,” says Darren, “which is why the performance of existing property is so important. The idea that most of the buildings in 2050 will be brand new is a myth and the truth is very much the opposite.”

Under the current EPC rating system (the Energy Performance Certificate is a standardised test for measuring the energy efficiency of property), buildings that are carbon neutral are graded A+.

“The reality is that most will never achieve that standard, as it is very difficult to retrospectively make sufficient changes to a building that ultimately wasn’t designed to be carbon neutral. Nevertheless, it will often be possible to improve a building’s energy rating so that the gap between current performance and carbon neutrality is much reduced,” explains Darren. Types of improvements include upgrading elements of the building fabric, such as insulation, ventilation and lighting, as well as introducing renewable energy sources such as solar panels, wind turbines and heat pumps and considering other sustainability measures such as rainwater harvesting.

Darren stresses: “It’s important to realise that not every solution is suitable for every building, so making informed choices will ensure that capital spent on upgrading a building’s fabric is invested wisely and can deliver the best returns for the duration of ownership.”

Building regulations set to change for new builds As part of the plan for achieving net zero by 2050, the government is committed to introducing guidelines for the construction of new housing in 2025. Known as the Future Homes Standard, it will cut carbon emissions from the average home by up to 80 per cent compared with properties being built today.

As a stepping stone towards the Future Homes Standard, more stringent energy efficiency requirements will be introduced in 2020 by altering building regulations. “This is the latest in a series of changes to building regulations since the last major revision in 2010,” explains Fisher German architectural designer Kirsti Williams. As Fisher German Magazine went to press, the government was deliberating over the results of a public consultation. “While it’s difficult to predict the repercussions of the latest changes, it’s clear that the new standards call for a general upgrade in building fabric or energy solutions.

This may push build costs up, with a potential ripple effect on new house prices,” says Kirsti.

Specialist energy assessor Ashby Energy, which works in partnership with Fisher German, has summarised the key changes

* Energy Performance Certificate – a standardised test for measuring the energy efficiency of buildings

It is incredibly heartening that so many businesses recognise the need for urgent action and are stepping up to the mark without waiting for the government to introduce and enforce regulation.”

How to achieve net zero now Building's proximity to net zero Costs of offsetting a building 2020

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likely in building regulations for new homes in England: • A new primary metric of compliance will be introduced, with the current one used as a secondary metric.

• Carbon emission reduction targets on new dwellings will be set at 20 per cent or 31 per cent.

• A third metric of compliance will require new dwellings to achieve a minimum EPC* rating.

• Minimum standards for fabric (insulation) and building services will increase.

• A new method of air tightness testing called Pulse Testing will be introduced.

• Photographic evidence will be required for floor, wall, roof insulation type and thickness and cold bridging junctions.

• Homes constructed on large developments must be built to the regulations that apply when the houses are actually built, rather than those in force when development on the site first started.

• Electric heating (panel or storage heaters) has not made a comeback and it will be very difficult to achieve compliance with standard electric heating.

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Carbon offsetting

For buildings that are not or cannot ever be carbon neutral, there is a risk owners will eventually be required to pay a levy that reflects the carbon emissions still produced by that building. Although there are no immediate plans for a ‘carbon tax’ on building owners it isn’t inconceivable as environmental issues move up the political agenda. For example, the Environmental Bill already looks set to introduce requirements on developers to make payments to replace natural habitats lost through property development (see biodiversity net gain feature, p.14).

Money raised could be spent on schemes that either sequester carbon, such as planting trees, prevent it being released to the atmosphere in the first place such as ‘private wire’ energy projects (encouraging large consumers to generate their own ‘green’ electricity near to the point of demand), or like electricity sleeving (purchasing equivalent ‘green’ electricity from detached third-party owned renewable generators). These processes

It’s important to recognise that 80 per cent of buildings that will be in use in 2050 are already built.” are commonly referred to as offsetting and will become more common as further measures to combat climate change are implemented. While property owners still have, in theory, 30 years to assess their buildings and calculate what level of improvements or offsetting might be required, many are already considering getting ahead of the game.

“We are being approached by companies who are interested in achieving net zero within a few years, rather than waiting until 2050,” Darren reveals. “This desire can be driven by a multitude of factors but CSRs (Corporate Social Responsibilities) are becoming increasingly important for public facing companies as consumer awareness of climate change and environmental impact grows. Through offsetting it is theoretically possible to achieve net zero emissions immediately, although that will obviously have a significant and currently unjustifiable financial cost attached to it.

Depending on the current and future energy efficiency of a building and the improvements which can be put in place,

the amount spent on offsetting is likely to reduce over time as the building becomes more energy efficient.”

For many companies, being able to demonstrate to stakeholders, investors and staff that they are a net zero operation will have considerable importance. “We are currently in an energy policy hiatus complicated further by Covid-19 and cannot second guess what the government will do or what regulations will be introduced, but what Fisher German can do is map out the different routes for property owners and investors, enabling them to see their options when the ultimate destination has been set in stone,” says Darren. “Think of us like a sat nav, guiding you towards net zero while avoiding traffic congestion which might arise in the form of building constraints or tenancy issues. By drawing upon our property management expertise and knowledge of landlord and tenant law, we have a unique blend of skills and experience which can now be offered in a single package, starting with enhanced EPCs, energy modelling, tailored design

solutions, procurement and implementation of onsite renewables and offsetting.

Property owners retain complete control: once we’ve drawn a pathway and agreed the route it’s up to them how far and how quickly they progress down it. Our aim is to make the journey smooth and cost-effective for our clients.”

Darren Edwards 07918 677571 darren.edwards@fishergerman.co.uk

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Setting

the standard

A fundamental change affecting how virtually every plot of land is developed in the UK is in the pipeline and many landowners may be unaware of what is planned.

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s part of the government’s commitment to the environment, it is expected to make biodiversity net gain (see definition box) part of the statutory planning process. In short, this means that anyone developing land will be required to not only protect and reinstate local plant and animal life, but actually improve it by a set amount.

“The concept isn’t new; other countries have already introduced this kind of measure,” explains Aidan Marsh, director of environmental specialist CSA, which has worked with Fisher German for over a decade. “Net gain was originally referred to as offsetting and DEFRA ran the first pilot schemes in 2012, although policy adoption was initially slow.”

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That changed in 2018 when the principles of biodiversity net gain were included prominently in the government’s 25-year Environment Plan and then in 2019’s draft Environment Bill. The latter legislation was halted by the dissolution of Parliament for the general election, but the new government is expected to revive it, possibly before the end of 2020.

“A few local authorities already require net gain to be considered for development proposals,” Aidan notes. When the policy is adopted nationwide in law, it is the local authorities, many of which are already hard-pressed and financially stressed, who will be responsible for implementing and policing the system.

Although the changes proposed won’t happen overnight, it makes sense for anyone considering development to inform themselves about how they might be affected.”

Biodiversity net gain – a definition Biodiversity: Derived from biological diversity, when referring to flora and fauna (plant and animal life).

Net gain: Improving (by an agreed percentage) the habitats in an area undergoing development. Where this can’t be achieved on the development plot, improvement of an alternative area must be agreed (and funded).

The theory is simple enough. For each development plot an ecologist will undertake a baseline survey of local habitats. The data will be fed into a standardised spreadsheet and compared with an assessment of the habitat once development has taken place and developers must show an improvement.

This is expected to be set as a national standard of at least 10 per cent. If that isn’t possible on the development plot itself, the developer will need to pay a levy that will fund the improvement of similar habitats nearby.

Realistic goals

Who will be employed to carry out the biodiversity surveys is a moot question, as many local authorities don’t currently employ their own ecologists and it is unclear whether government funding will become available for this purpose.

“Of greater concern is how realistic the 10 per cent net gain requirement is,” says Aidan. “We think it will be difficult to attain on many sites, yet developers understandably will want to keep off-site losses as low as possible, due to the potentially substantial costs of offsetting.

A West Midlands local authority, one of the few areas to have already adopted net gain, originally set a target of 20 per cent, yet apparently has actually achieved only 8 per cent so far."

For landowners there will be winners and losers. Those selling plots with development potential may see values dip as offsetting costs or reduced achievable development sizes are factored in.

Conversely, owners focused on long-term income may find that their land could command healthy sums if it is accepted into a recognised offsetting land bank. As part of the agreement they will be required to manage the land to agreed standards.

Aidan concludes: “Although the changes proposed won’t happen overnight, it makes sense for anyone considering development to inform themselves about how they might be affected.”

For more information go to: www.csaenvironmental.co.uk

Net gain in action The impact of biodiversity net gain on a development’s bottom line was highlighted recently at a site in Warwickshire. “We were asked to advise on the disposal of a site with planning permission for 40 homes,” explains Fisher German partner Luke Brafield. “One of the planning conditions was being able to demonstrate biodiversity net gain on-site or make an offset payment instead.”

Although land was available next to the housing plot, it, too, had development potential, so the landowner opted to make the offset payments through the sale to a housebuilder. Luke warns: “These can be more expensive than landowners expect and will in future need to be taken into account

when completing development appraisals and when landowners are negotiating land sales to housebuilders or other developers.”

At a similar site in Staffordshire, Luke’s team advised on land that had achieved planning consent for 121 homes near the River Trent.

In this case the landowner was able to gift a portion of land as meadow rather than make offset payments. “My experience so far is that net gain will be more easily achievable on larger plots of land where there are a greater number of options,” adds Luke. “From what we’ve seen, the baseline results can be ambiguous and landowners will need to pay close attention to ensure that the baseline survey mirrors what is on the ground.”

Planning for net gain “A few local authorities are taking a lead on biodiversity net gain, but at the moment the vast majority don’t include this as a planning requirement,” reports Fisher German partner Liberty Stones. “However, it is now clear that it will become mandatory, and when this happens, we will have to think creatively to achieve the best possible outcomes. The more constrained the site, the more challenging this is likely to be.”

To support Fisher German colleagues become more aware of a wide range of

environmental issues, CSA will provide CPD and other training to teams across the firm during 2020. Liberty explains: “Protecting the environment is critical to much of our work as well as the individuals and businesses we work with. So it makes sense for us to invest in upskilling our people and provide them with additional resources that allow them to be better informed about key environmental processes and developments.”

Liberty Stones 07918 628991 liberty.stones@fishergerman.co.uk

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Successful secondments Five Fisher German colleagues from the utilities and infrastructure sector talk about the opportunities and value of their secondment experiences.

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W

hen it comes to close working relationships, it’s hard to beat a secondment for really getting to know each other. “We are regularly asked to second people out across the business,” says Fisher German associate director Rachel Bridge. “It is a particularly common practice in the utilities and infrastructure sector, so we have developed especially strong bonds with our clients as a result of being embedded into their teams, occasionally for considerable lengths of time.”

Fisher German partner Clare Phillipson, who manages the firm’s utilities and infrastructure region, notes the importance of a flexible approach and collaborative working practices. She says: “It’s paramount for us to put client needs first. Secondments are a prime example of our adaptive approach and provide in-depth understanding and knowledge sharing – yielding optimum results for all involved.”

Rachel points out that having a member of staff physically present in their office allows a client immediate access to their skills and resources. “One of the key benefits of this is that they can respond to situations as they happen and spot potential issues at an early stage,” she says. “It also means greater efficiency, as a colleague can instantly show them a plan or talk through an issue with them face to face. It’s an enriching experience for the individual too, as they get to understand the visions and values of the company they are working for to a degree that would be difficult to achieve from the outside.”

The process works both ways. Fisher German has recently seconded a planner from National Grid for one day a week, who will work on a wide variety of projects across the firm to increase his spectrum of experience. Partner Matthew Hodgetts, who will be overseeing the secondment, says: “We see this kind of interaction as a massive opportunity. We can demonstrate our culture and our values. And if we also help upskill an individual that can only create a better relationship with our client.”

Trust is a crucial element of secondments, as individuals are often part of close-knit teams and effectively represent the company they are placed in. Rachel acknowledges: “It is extremely valuable for people in our teams to experience different organisations. Fisher German culture is that we are used to and like spending time with our clients – that’s what we trained for, to be out in the field.”

One of the key benefits of [having a member of staff physically present] is that they can respond to situations as they happen and spot potential issues at an early stage.”

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Helen Scott

Cadent's office, Coventry

Associate director Secondments often tend to last longer than planned, as Helen, who originally expected to spend just three months working three to four days per week at the Environment Agency, can testify.

After only a week into her role as an estates surveyor responsible for property management, she was asked if she could stay for six months, which was then very quickly extended to a year. An important intermediary between landowners and project management teams involved in flood alleviation schemes and flood management projects, Helen found that her role included liaison with other members of the Fisher German team. “It was a quirk speaking directly to colleagues as if I was the client – which, of course, technically I was!” recalls Helen, “but actually it worked supremely well.”

Much more of a challenge was ensuring both of her day jobs received her full attention. “The nature of estates management, which I was involved with for Fisher German, means the work never stops, so I pretty quickly honed my organisational and self-discipline skills.”

Working for a government body meant following strict protocols on using computer equipment (she was provided with both a separate phone and laptop) and working in the agency’s buildings. “It really broadened my horizons in terms of how a government body works and meant I could do the best possible job for them,” she says.

Helen is about to start another secondment, this time with an energy company, and suggests others should do the same. “Jump at the chance if it comes up. You get the security of still working with your own employer, but also get the opportunity to try out a different job. It’s a mutually beneficial arrangement as both sides gain from the experience.”

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Joe Senior Associate

When Joe started his first of two secondments with gas distribution network Cadent, working full time to start, reduced later to three days per week, he was immediately impressed by the scale of the business. “The company is large scale [employing more than 4,000 people to oversee 82,000 miles of pipelines and respond to 11 million customers] and the working environment was massively different from what I’d experienced before. After a steep learning curve, though, he was soon up to speed: “Most people I dealt with didn’t realise I didn’t actually work for Cadent.”

After an 11-month secondment, Joe was asked to stay on for three days a week to help clear the high workload. This then rolled into another maternity cover. He currently works there four days per week (though he is contactable all week) within the land services team for the West Midlands region, helping to deliver new infrastructure such as new pipelines and gas governor stations. This involves managing around 160 individual jobs, while working on 40 himself.

Joe notes: “As I manage external suppliers, I have to be impartial.

Contracts should be allocated according to locality and expertise and not favour any particular contractor. But as my focus is getting the job done to the best standard, I don’t find that an issue.”

With two secondments under his belt, Joe wouldn’t hesitate to recommend the experience to others: “You get to know the client so much better and you have access to a broader range of people.”

Scott Howard Surveyor

Scott started as an estates surveyor at Cadent and was brought in to assist an in-house surveyor: “The firm needed additional capacity and I was tasked with dealing with lease events across all of Cadent’s networks,” explains Scott. Originally working for the energy company five days a week, he is now down to three, but his original six-month contract has been extended and he expects the total length of service to be two years when he finishes.

On the days he works for Cadent, Scott is based in their Coventry office or travelling to make site visits – although he has been working from home for Cadent during the Covid-19 lockdown.

“I was very keen to be collocated into the client workplace,” he admits, “as there’s no substitute for face-to-face interactions. It’s how you deliver best service.”

He also believes he has developed new skills as a result of his secondment: “Working in a very different corporate environment has made me a more rounded person. There was a lot going on constantly – Cadent is involved in more than 70 depots, all of which had differing requirements in terms of lease events – and that helped to stretch me and lead me to develop my abilities to a new level.”

NGET's offices, Warwick

Samantha Wellings

James Ingram Associate director

Associate

As Samantha prepares for her fourth secondment, she reflects on the experiences she has had so far: firstly, a maternity cover with National Grid and then, more recently, two separate stints, one for eight months, the other for six, with six months in between, for Wales & West Utilities (WWU). “I was an estates surveyor working within a small team of three, which allowed more interaction with the WWU engineers and other project specialists than I might otherwise have had.” Her role included dealing with general enquiries from the public, while also dealing directly with other external agents and suppliers. The role was parttime, meaning for two days per week she was based at the company’s offices at Newport, South Wales.

“It was certainly easier to do the job effectively when I was in the same location as my colleagues and it also helped to build relationships,” says Samantha. “Building a rapport has benefited me in the long run as I’m now personally requested to work on certain jobs. Working in-house gave me the opportunity to deal with matters that I wouldn’t normally come across as an external agent.”

Contrary to popular perceptions, secondments can be at any level, as James, who has been covering part time for a senior surveyor on maternity leave with National Grid Electricity Transmission (NGET), demonstrates. “They needed someone to fit in at that level and as I have many years’ experience it means I can take on relatively complex jobs, with NGET knowing they have a safe pair of hands, having already worked with me for seven years,” he explains.

James is responsible for negotiating with other distribution companies about shared infrastructure across the network.

And, although he is working with the central Lands team which is run from Warwick, he is covering the south east region and can continue to work out of Fisher German’s Canterbury office.

This helps to balance his work on other projects and for other clients.

“We were clear about this from the start, though I travel to occasional meetings in Birmingham and at local substations,” says James. “As this is a more senior position, I manage my own time, which can be several days per week devoted to this NGET team, depending on the workload.”

He adds: “I have been assisting in developing some of the company’s internal processes, but what I’ve found most interesting personally is where we have been working to relocate assets that will allow major redevelopment and regeneration proposals to go ahead.

For example, a current project in east London is part of a development of 11,500 new homes and a train station – it’s exciting to be involved in something on this scale.”

James has agreed to continue his role following the maternity cover in order to help cover current high workload in the team.

Rachel Bridge 07733 887108 rachel.bridge@fishergerman.co.uk

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What’s in store?

Self-storage warehouses are becoming increasingly popular, offering opportunities and challenges for landowners, property investors and planners.

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hen brothers Mark and Guy Drummond launched their first businesses in 2009, self storage wasn’t one of them. It was only after taking on a butcher’s and a farm shop in Basingstoke that the pair noticed their landlord had a yard space that wasn’t being used. Mark recalls: “We had an idea that self storage could work, so we brought in a couple of shipping containers and gave it a go, marketing it through our shop customers.”

Fairly quickly the duo realised that what had started as something of a punt had the potential to develop into a fully fledged business and they both committed their full attention to it. Now Storage was born. “We wanted to spend our time growing something that was scalable,” says Mark. “We perfected how we wanted to run the business in our first couple of locations and then our attention focused on finding new sites.”

The formula proved successful and the company is about to open its ninth site in 2020, with at least two more likely to open later in the year.

Although they knew they wanted the business to grow, the brothers had no grand plan, and simply bought land in

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locations in a geographic arc from the West Midlands down to the Southeast they thought would work well, adding capacity (i.e. more shipping containers) as demand grew. This was very efficient financially as it avoided investing large amounts of capital up front. Not all siblings work harmoniously together, but Mark insists there has barely been a cross word exchanged between the two in the past decade. He adds: “I can only think of positives. Possibly that’s because I’m working with someone who shares my vision and passion for the business.”

Their first site was reasonably rural, but the pair have progressively decided to pay more money to take space closer to town centres or near population hubs.

The increased land prices are more than counterbalanced by a much larger pool of potential customers, who are willing to pay higher prices.

Mark notes: “We’re now located on some light industrial estates and that’s increasingly brought in more tradespeople

We perfected how we wanted to run the business in our first couple of locations and then our attention focused on finding new sites.”

as customers, for example, people who are starting small businesses and need to store excess stock or run an internet business from home but need extra room elsewhere.” While he expects small businesses to account for a growing share of the firm’s customer base, the core clientele (at up to 70 per cent at some sites) is likely to remain domestic.

A couple of the larger sites also offer vehicle storage for caravans and motor homes.

Now Storage has been ahead of the market when it comes to automation. All of its sites are unmanned and customers have been able to register online and make payments using mobile phones for several years. All sites are remotely monitored 24/7 (although most are closed late night to early morning) and human help is always available by phone.

“By thinking carefully about developing our access control and security, we’ve never really had a problem in this area,” says Mark. “I think people recognise that the value of items being stored is more likely to be sentimental than hugely financial.”

Recent self-storage deals Property

Size (sq ft)

Occupier

Notes

Easter Park, Kidderminster

20,000

UK Storage

Letting of warehouse constructed in 2007 retrofitted to work as self-storage facility in 2018

Nunnery Park, Worcester

9,500

UK Storage

Letting of warehouse constructed in 2017 – retrofitted to work as selfstorage facility in 2018

Asparagus Point, Evesham

15,000

Squab

Pre-sale of purpose-built facility; building completed and occupied in 2019

Ratio Park, Kidderminster

0.75 acres

Storage Giant

Land sale for construction of bespoke facility

Farndon Road, Market Harborough

20,896

Rockridge Properties Ltd

Warehouse sold in 2019 to be fitted out as a self-storage facility

Land at Yorke Street, Mansfield

2 acres

Layn Holdings

Sold former lorry yard. Fisher German also acted on the purchaser’s behalf to secure planning for container storage.

Source: Fisher German

Plans for the future

Future growth is likely to be focused on the broad geographic area currently already served by the firm, reflecting the fact that both brothers live in the West Midlands. With more than 1,000 units available, totalling around 120,000 sq ft of lettable space, the Drummonds aim to double the amount of space they occupy over the next five years. All sites are currently based on the original model – ground level shipping containers within a yard area – but this may change.

Already some sites have containers double stacked to increase capacity.

And now the company is looking to develop purpose-built storage facilities.

Mark confirms: “We're actively looking for indoor storage opportunities. And in 2020, Now Storage may develop its first purpose-built storage facility. “We’re negotiating on a site in the Southeast,” Mark confirms, “which could provide up to 60,000 sq ft across three levels.

Although the shipping containers work very well, the fact is that we will be able to charge double the amount for indoors storage and that more than makes up for the capital we’ll have to invest up front on fitting out the new building.”

The Drummonds are confident that the experience they have gained over the past decade will stand them in good

stead for the decade ahead, whatever the economic climate. Mark says: “Operationally we are still a small company (just five full-time staff, including myself and Guy), so we can be very nimble when it comes to making decisions.

Some people claim that self storage is recession-proof. I wouldn’t go that far myself. During the current economic climate our cash flows are holding up well, although we can't escape the fact that we are linked to the property market, so lower transactions translate into lower demand.

We are anticipating strong demand once coronavirus-related restrictions have been lifted, so the key for us is being in the right place to meet it.”

Fresh opportunities for self storage The fact that self-storage customers are unwilling to travel far means that there are still plenty of population hubs for operators to target – if they can find the space. “Small towns are often particularly underprovided at present,” notes Fisher German partner Rob Champion. “Former stores on retail parks could make ideal storage locations, as they are generally easily accessible.”

Planners declare war on self store Cash-strapped local authorities are reviewing how planning applications for container-based self storage are processed, with significant financial implications for operators. “We recently advised on a site in Nottinghamshire where the initial planning application fee went from £460 to £28,000,” says Fisher German planning partner Kay Davies. “This is because some local authorities, who had previously accepted shipping containers as temporary structures, now argue they are effectively permanent structures and this is reflected in the planning application fee.

“At present, however, councils have widely differing approaches – some are more concerned with the employment aspects related to self storage or the impact of lighting and noise on neighbouring residential areas.”

Fisher German has delivered more than 500 storage containers for clients on various site across the UK.

Rob Champion 07530 259915 rob.champion@fishergerman.co.uk Kay Davies 07733 124551 Kay.davies@fishergerman.co.uk

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Under the (virtual) hammer Fisher German has developed the capability to offer online auctions that enable a wide variety of property to be transacted in this way. We take a look at how the process works and how buyers and sellers benefit.

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ave you considered buying or selling property through an online auction? If yes, then you are not alone – more than 10,000 individuals have now registered with Fisher German’s online marketplace.

And if no, the time may be right to reconsider. Stuart Flint, Fisher German’s head of agency, believes that the advent of online transactions has helped to dispel misconceptions about selling property at auction. He says: “The mistaken idea that auctions are only suitable for distressed properties is rapidly being consigned to history, as both buyers and sellers can see for themselves that all kinds of land and buildings, including traditional residential, rural and commercial opportunities, are going under the virtual hammer.”

Nevertheless, auctions currently only account for 2 per cent of total property sales in the UK – a much lower level than in some countries. “We think this is likely to change, primarily because of the ease and familiarity of the online process,” says Stuart. “Some people find traditional auctions intimidating and many find

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attending a sale at a fixed time and place inconvenient. Now bidding can be done from virtually anywhere – you don’t even need to be in the country.”

Stuart adds: “The logistics of filling a public auction room with an unknown, but potentially large, volume of people has always been tricky and a fixed physical location isn’t always convenient for prospective purchasers. Covid-19 has highlighted the benefits of a virtual sales room and in recent months we’ve

seen online auctions proceed relatively normally, while traditional auction room sales have faced massive disruption.”

The less pressurised environment of an online auction encourages more people to participate, while retaining the highly competitive element that is a crucial part of the auction process. For sellers, the key advantages are an enticing mix of transparency, certainty, flexibility, security and commitment.

Some people find traditional auctions intimidating and many find attending a sale at a fixed time and place inconvenient.

Now bidding can be done from virtually anywhere – you don’t even need to be in the country.”

The technology that underpins online auctions is transparent, reliable and secure.

Rather than develop software from scratch, Fisher German opted to partner with online auction specialist Bamboo. “The process has been amazingly smooth and allowed us to focus on what we do best – advising on property – while the technology runs seamlessly in the background,” explains Stuart. “It’s incredibly easy to use and is one of the principal reasons why our online auctions have seen strong growth in recent months and we’re attracting a diverse range of properties from serious sellers."

Seamless operation

Overseas auction markets highlight UK growth potential In countries like Australia and the US, auctions have long been seen as a useful and reliable way of transferring property.

They now account for one-fifth of all property transactions in Australia and in some states half of all deals are done at auction. The US’s largest online auction marketplace (Auction.com) currently has 5.2 million registered buyers and holds more than 15,000 auctions every year across the US. Bamboo founder and director Robin Rathore comments: “Auctions in England and Wales are heavily underutilised as a method of sale, especially when compared with Australia and the US. Sellers in other countries are often actively encouraged to sell by auction as a primary method of sale.

Coupled with the fact that the process is much faster and more certain, it should be a no-brainer for any seller – irrespective of location.”

One key difference with both traditional auctions and some online auction sites is that Fisher German online auctions allow bidders an extended period in the final stages of a sale. Once an auction is within five minutes of its scheduled finishing time, the highly visible onscreen timer automatically extends the auction by five minutes each time a bid is placed. “You would be hard-pressed to find a traditional auctioneer who will wait five minutes before they bring down the gavel,” says Stuart, “but we believe this extra time for contemplation is fairer to buyers and ultimately drives a better price. And when the countdown finally reaches zero, the buyer and seller have a legally binding contract, as surely as when a gavel hits the tablet.” Buyers must register beforehand, but anyone can view properties for sale and watch live auctions taking place. Stuart encourages people to do just that: “There’s a real buzz when several bidders get involved and we often find that a flurry of bids arrive in the last few minutes of an auction.”

To view properties currently for sale or to register go to: www.fishergerman.co.uk/current-auctions

Properties recently sold by Fisher German’s online auction site include:

Residential: Whitbourne, Herefordshire Guide price: £480,000 Auction sale price: £611,000

Residential: Stock Green, Worcestershire Guide price: £300,000 Auction sale price: £391,000

A superb Grade II-listed property suitable for development to potentially three dwellings.

This was the first time the timber framed four-bedroom farmhouse had come to market since 1860 and the sale also included two substantial two-storey barns (also Grade II-listed) and two paddocks.

A detached Victorian cottage for renovation or replacement in an idyllic rural location. The traditional red brick three-bedroom property, including an Inglenook fireplace, is set in 0.62 acres of gardens and grounds. A wooden outbuilding, brick store and static home were also included in the sale.

Development: Aston-by-Stone, Staffordshire Guide price: £20,000 Auction sale price: £33,000

Residential: Cuddington, Cheshire Guide Price: £250,000 Auction Sale Price: £255,000

A useful parcel of approximately 1.5 acres of mature amenity woodland fronting the Trent and Mersey Canal, with the benefit of good road access. Within walking distance of Aston Marina and providing an opportunity to create their own private mooring (subject to planning permission).

A substantial detached cottage requiring renovation, with further development potential, set within large gardens of approximately 0.35 acres. Near the village of Malpas, the property was sold subject to an overage clause, providing financial protection should planning consent be granted for additional residential dwellings.

Rural: Warmington, Oxfordshire Guide price: £195,000 Auction sale price: £201,000

Commercial: Kidderminster, Worcestershire Guide price: £185,000 Auction sale price: £335,000

A single building plot of 0.21 acres on level ground in an attractive edge of village location.

The land has planning consent for a four-bedroom detached house extending over three storeys.

The plans also include gardens and off-street parking with turning.

A row of three terraced retail premises, totalling over 8,000 sq ft, on a prominent site near the railway station and close to the town centre.

Stuart Flint 07501 720405 stuart.flint@fishergerman.co.uk

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Creative solutions for telecoms issues What do you do when you want to knock a building down but find it has telecoms masts attached to it, which mobile phone companies are rather keen to keep in use? This was the, admittedly not everyday, dilemma facing global boutique hotel operator citizenM

T

he former Press Association offices at 292 Vauxhall Bridge Road in London’s Victoria were identified by global boutique hotel operator citizenM as the ideal location for its fourth hotel in the capital. Plans were drawn up, which would see the old offices razed to the ground and replaced by a gleaming ten-storey, 226-bedroom building.

There was just one snag.

Fisher German partner and head of telecoms Chris Hicks explains: “While the former tenants inside the building were due to move out, there was one ‘tenant’ on the roof which preferred to stay put. This was a collection of telecoms masts owned by two of the big mobile phone companies.”

Ideally, the telecoms equipment would simply be removed before the building was demolished, ahead of the 12-24 month construction phase of the new hotel. But the previous building owner had signed a lease with the telecoms companies which didn’t allow it to be terminated until the end of 2020. So what did citizenM do?

“We had a full and frank discussion,” relates Chris, “during which we explained important background details, including the key point that the overriding objective for mobile operators is to maintain coverage, so they are unlikely to voluntarily move equipment unless a temporary and/or permanent alternative can be guaranteed.”

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The hotel operator faced two options: work with the operators to keep the equipment operational on-site before, during and after construction of the new hotel or attempt to force the operators to move elsewhere. Neither was straightforward. It was unclear how the masts could continue to function while the building was being rebuilt. On the other hand, removing the equipment completely would cause delay, partly because of the existing lease and partly because finding an alternative location would almost certainly be difficult.

The hotel operator opted to look for an on-site solution. “An important advantage of this route is that the process is generally a lot quicker and the landlord can keep control,” notes Chris.

As a precautionary move, the landlord served formal legal notices on the mobile operators to quit, although the intention of finding a mutually satisfactory outcome was firmly expressed from the outset.

The problem of how to keep the masts operational, particularly during demolition, still remained. Chris says: “We facilitated a series of meetings with a variety of technical experts and eventually arrived at a solution.

An important advantage of an on-site solution is that the process is generally a lot quicker and the landlord can keep control.”

“I’ve never seen anything like it before,” admits Chris, “but we were delighted to be able to find a way forward.” Demolition and construction are likely to occur during 2020 ahead of the hotel’s opening in 2021/22.

Behind the scenes, a series of complicated lease negotiations have been concluded to allow the equipment to move location as the scheme progresses.

“In cases where additional land is available, the mobile phone companies are normally responsible for erecting a temporary mast for their equipment,” adds Chris. “As that wasn’t possible in this case, the landlord agreed to cover the cost of providing the steel structure.”

While the particular circumstances of 292 Vauxhall Bridge Road are unusual, the wider issue of dealing with existing telecoms equipment in redevelopment scenarios is likely to become more common. Chris advises: “Landowners (or those considering a site purchase) should be aware that if a building houses telecoms equipment, any redevelopment proposals should take into account that it may remain on site and need to be operational during development works. There may also be additional costs, so this should be factored into any development appraisal.”

A novel solution to a high-level problem The new code The Electronic Communications Code (ECC), originally created in 1984, was substantially revised and incorporated into the Digital Economy Act, passed into law in December 2017. The current code clearly sets out the regime that governs the rights of electronic communications operators to maintain infrastructure on public and private land, removing much of the ambiguity contained in the original version.

“The new legislation is very supportive of telecoms operators’ desire to maintain network coverage as this is seen as an important part of the UK digital economy,” says Chris. “However, an unintended consequence is that few landlords will now voluntarily host telecoms equipment, because they are concerned that it may limit their flexibility in dealing with their property in the future.

“This means that finding space, even temporarily, for telecoms equipment that needs to move (such as when a building is to be demolished) is difficult, as the options are likely to be extremely limited.”

“In many cases involving redevelopment, it is possible to temporarily transfer any equipment that needs moving to another part of the site,” Chris explains. “But in the case of 292 Vauxhall Bridge Road, citizenM did not own any adjacent land and the whole footprint of the existing building was required for demolition and then reconstruction.”

The ingenious solution arrived at is to build a temporary steel frame into the existing building, topped by a platform well clear of roof level. The telecoms masts will initially move to this platform, connected to equipment cabinets housed permanently in a new basement room.

Demolition of the existing building will then take place, leaving the telecoms masts ‘floating’ on the new platform.

The new hotel will then be built, starting with a lift core. The telecoms masts will transfer to the top of this, as soon as the core reaches roof level, allowing the temporary steel platform to be dismantled.

Once the remainder of the hotel building is complete all telecoms equipment will be reunited in a permanent rooftop location.

Chris Hicks 07808 571067 christopher.hicks@fishergerman.co.uk

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y a w a g Breakin the herd m o r f

How one Derbyshire farmer found a new way forward through the diversification of his farming business.

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T

here can be few involved in farming and agriculture for whom the mantra of diversification is unfamiliar. For many it will involve modifying and adding new components to the existing business, perhaps learning new skills along the way. But for one Derbyshire farmer it has meant a radical rethink that has had a profound effect on his farm, his family and his whole way of life.

Jay Wilde was born into a family that owned the 175-acre Bradley Nook Farm at Bradley, Ashbourne. It was a traditional dairy cattle operation, where the herd was kept in tiled sheds and was turned out into an open yard twice a day to be milked. Plummeting milk prices forced a change of tack in 1997 and for the

best part of two decades the Wildes maintained a beef and suckling herd.

“Because I’ve always had an ecological consciousness, we became officially organic at that time,” recalls Jay, “although I actually hadn’t been using pesticide and fertiliser for years. Later on, I avoided concentrates and cereal products to reduce our carbon footprint to the absolute minimum.”

While his cattle were now 100 per cent grass-fed, Jay was becoming increasingly uncomfortable at taking the animals to slaughter. He says: “We didn’t put them on a lorry and wave goodbye from the comfort of the farm gate. We loaded them into our own trailer and took them to an abattoir in Shropshire where we offloaded them and then just drove away. I always

The firm commitment of the Wildes to their cause shows what can be achieved by those who are dedicated.” found it difficult but had to tell myself I was running a farm and that’s what I had to do, people had done it for generations.”

Jay, who has been vegetarian for more than 30 years, says his choice of a meat-free diet evoked surprisingly little reaction from his family, who he describes as committed meat eaters. “I’d never been that conformist, so I suppose it was just one more different thing about me,” he adds.

Common goals for success “When I was asked to advise the Wildes, I realised straight away that this wasn’t a traditional project,” says Fisher German senior associate Ian McKenzie. “But I also knew that the goals for any kind of successful business are similar and, in Jay’s case, he was moving into a sector that is benefiting from increasing interest and, crucially, growing market share.”

Ian points out that the farm’s location at a gateway to the Peak District was something of a boon: “If you are looking to diversify away from traditional farming then being in an area that is popular with the booming domestic leisure market opens up all kinds of potential revenue streams, from glamping to holiday accommodation.”

Planning issues were an initial concern at Bradley Nook and Ian was able to call on expert planning assistance from within Fisher German. Planning associate Scott O’Dell notes: “We advised Jay to take a phased approach to planning applications, as we knew that stood the greatest chance of him successfully getting consent for all the changes he ultimately wanted to achieve.”

With planning matters in safe hands, Ian was free to focus on providing a wide-ranging suite of property-related services, as well as day-to-day advice.

He says: “I’ve suggested that the farm could be an ideal venue for vegan weddings, which are growing in popularity. My background

enables me to advise on how the catering and accommodation angles could be run, from writing the initial business plan to securing grant funding and overseeing building conversions.”

Ian admits that working at Bradley Nook has been somewhat out of the ordinary, but says it has been a fascinating experience. He adds: “While I’m not sure how many other farms will go down this particular route, the firm commitment of the Wildes to their cause shows what can be achieved by those who are dedicated.”

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Making the call

It was a chance comment that would lead to complete abandonment of livestock farming at Bradley Nook. The farm had begun to host gatherings and camps for green and ecological groups.

At one of these, a visitor complained that if they’d known it was held on a beef farm they wouldn’t have come. “When I heard this, I felt defensive because I thought we were doing the best that we could,” Jay remembers. “At the same time, I heard the Vegan Society was developing the idea of vegan farming. But it took me around 18 months to phone them because I was so locked into the idea of keeping the farm going as it always had done. I felt an obligation to do that.”

In the meantime, Jay and his partner Katya began to think about what a vegan farm might look like and a picture of a new kind of business began to emerge.

Food crops that could be grown all year round (in polytunnels) would provide a base income, supplemented by other vegan ventures including a bed and breakfast, holiday lets, a restaurant, a teaching kitchen for residential cookery

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courses, a farm shop, as well as a continuing venue for green gatherings.

Eventually, in late 2016, Jay felt he could no longer take cattle to slaughter.

As he explains in a short BAFTA-winning documentary released in 2018: “I couldn’t disconnect that feeling of having to get the job done with the fact that they were individuals rather than units of production.” With the help of the Vegan Society, initial plans for a vegan farm were sketched out.

As a UK ‘first’, the farm attracted media attention, though one sticking point remained: what to do with the existing herd of over 70 animals, with a market value of around £50,000. “I’d already decided I didn’t want any of them to go for food,” says Jay. The Vegan Society offered to help find places in animal sanctuaries, but warned the Wildes that finding homes for so many animals would likely take a long time. So, the Wildes were stunned that, within a week, one sanctuary – Norfolk Hillside – had agreed to take the whole herd. “It was fantastic news and a massive relief. I was so pleased that they’d stay together,” says Jay.

Planning for future growth One of the easiest mistakes to make when setting up a new business, especially when it involves making changes to the physical layout of a property and grounds, is to fall foul of the local planning authority.

“People often don’t realise that what are seemingly minor things, such as a domestic wind turbine, require planning consent,” explains Fisher German planning associate Scott O’Dell. “When we originally sat down with Jay and he revealed his vision for transforming the farm, we explained that it would be vital to produce a masterplan so that we could clearly show the planning authority the context to the proposed changes. We’ve built up strong relationships with many planning departments and this helps to avoid the difficulties less experienced business ventures can encounter."

Overcoming challenges

His joy, however, wasn’t universally shared in the surrounding area, where the response to Bradley Nook’s conversion to a vegan farm has varied from bafflement to outright hostility. Jay is stoic about this: “I can understand why. People have spent their lives doing what their fathers and grandfathers have always believed to be a valuable thing to do.” It is equally clear that his own journey has been a deeply personal one, motivated by strongly-held beliefs.

The Wildes have also faced criticism for sending their cows elsewhere. “It’s a small farm and we haven’t got room to keep the animals off the farm and still do other things,” Jay explains. “We send as much as we can to Hillside.” And he is pragmatic about how the land around the farm will change: “Some people say if we remove livestock, we’ll be able to reintroduce pristine habitat. Well, we shan’t be able to do that here. We’ve got hay meadows and grazing land and we’ll preserve and enhance those features more effectively without the need to support a herd of cattle. We’ll bring in cattle to graze the strips that need to be maintained by grazing. The hay meadows will be optimised for wild flower species – not putting manure on.”

With planning consent obtained for polytunnels, the first market garden crops are likely to be planted in 2020, under the supervision of a horticultural specialist. After that, efforts are likely to turn to converting the farm buildings into bed and breakfast and holiday accommodation. Jay believes that the debate around sustainable food production has changed significantly in recent years. He says: “The whole consensus has become more urgent.

We’re pushing at an open door – at last."

From farmyard to BAFTA red carpet When Jay Wilde decided to gift his beef herd to an animal sanctuary, he could hardly have anticipated that it would result in him appearing on a podium in Brussels flanked by a couple of climate scientists. He was invited to the Belgian capital in 2019 to present a special screening to MEPs and other policy makers of 73 Cows, a short film by Alex Lockwood that told the story of Jay’s decision to move away from livestock farming.

The documentary had just won a BAFTA and Jay found the trip to Belgium “quite surreal”.

He says: “I first saw the finished film at the Raindance Festival in London the previous autumn and the horror of seeing myself on the big screen was offset by the quality of the work. It told the story without exaggeration and portrayed the essence of it.”

By the time filming started, Jay had at least had some experience of stepping in

front of a camera. His story had caught the attention of the producers of BBC’s Countryfile, who promptly arranged for a TV crew to visit the farm, accompanied by presenter Adam Henson. “It was mindbendingly stressful as I’d never had any contact with the media before,” admits Jay, although a string of other media interviews, including a live broadcast from one of his fields to Jeremy Vine on Radio 2, ensured that he soon got the hang of it.

“It was the initial TV broadcast that led to the documentary,” Jay explains. “The filmmakers had been following developments on social media since then and eventually got in touch.

It was interesting to see how hours of filming was condensed into just 15 minutes – which is probably why it’s such a powerful thing. It does seem to affect people: https://lockwoodfilm.com/73-cows

Scott O’Dell 07785 616659 scott.o’dell@fishergerman.co.uk

Ian McKenzie 07880 389577 ian.mckenzie@fishergerman.co.uk

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the key to success When one of Fisher German’s clients faced compulsory purchase and tenancy issues, leading to eviction and potentially losing her entitlement to a replacement home, the firm worked on the case to help deliver the best possible result.

M

ost of us would surely find facing eviction from a long-standing family home due to compulsory land purchase traumatic enough. But a Northamptonshire woman faced the double whammy of being moved out of her home and possibly losing her entitlement to a replacement, effectively leaving her homeless. Thankfully, a meticulously prepared property and legal campaign avoided this worst case scenario, though it was a close call for the Fisher German client.

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Fisher German associate director Jonathan Perks, who led the Northamptonshire case, recalls that what started as a straightforward compulsory purchase issue unravelled into a lengthy and complex legal dispute. “While the circumstances turned out to be quite extraordinary, this case highlights some important points, which are potentially relevant for anyone facing compulsory purchase and tenancy issues,” he says.

Many properties in Northamptonshire were identified in 2013 for compulsory purchase by the planned new high speed

rail link HS2, but one was rather unique. It was occupied by a married couple who had converted a building on a former airbase to a home in the late 1960s and had been renting it along with around three acres of surrounding land on a verbal tenancy agreement since then. Over more than four decades, the couple had reared livestock and grown crops on the land which, Fisher German later argued, classified it as an agricultural holding.

“We negotiated with HS2 and persuaded them to buy an equivalent property with a secure tenancy for life at a below-market

VAL SEAL OF APPRO

The Tribunal found Mr Perks a careful witness. As noted above his report was comprehensive. He had identified a good number of local comparables and in relation to the calculation of historic rents, had taken the trouble to produce the table of comparables which had been let at least twice during the relevant period. He was a confident but careful witness in oral evidence.

Source: Crown Copyright 2019

rent to mirror the rent being paid on the property they were being forced to move out of,” Jonathan relates. “But by the time HS2 got the legal powers it needed to begin compulsory purchase proceedings in 2017, the husband tragically passed away. As the tenancy was in his name only, his wife wasn’t automatically entitled to the replacement accommodation.” Worse still, the private landlord of the existing smallholding then served notice on the recently bereaved widow to quit her home, as they argued the terms of the tenancy meant she had no legal right to remain.

“It was heartbreaking, but we had to put emotion aside as we knew that the only way to make a convincing legal case [which would be heard at a specialist property court called the First-Tier Tribunal] was to be extremely thorough in gathering evidence,” says Jonathan. “We needed to work with a legal specialist who is an expert in this kind of complicated case law as we had just one chance to get it right.”

With Michael Johnstone of legal firm Loxley on board, the team set about gathering the substantial and detailed evidence needed to persuade the Tribunal that the wife should inherit her husband’s tenancy rights.

The finer detail

Some of the arguments presented at the Tribunal revolved around quite obscure

technical discussions. Jonathan recalls: “Because the smallholding had been converted from a previous military use, it had an unusual construction history which might have devalued the property, though the Tribunal, to our client’s benefit, rejected this. We also had to provide detailed calculations about how much income had been generated by the smallholding, so that we could prove that this was a genuine agricultural tenancy, which the Tribunal accepted.”

Originally, it appeared that HS2 would only rehouse the woman if she won her Tribunal case, but as the Tribunal result was delayed, HS2 finally agreed in early 2019 to accept her claim and provide a new home regardless of the outcome.

The Tribunal case was finally won later that year, with the Tribunal acknowledging the team’s thorough submissions, robust logic and sincere approach.

Jonathan points out that while this was the best possible result in the circumstances, it was not a happy one for a woman forced to move home soon after losing her husband. “This case highlights how important it is to get the right team on board if you are facing compulsory purchase and/or tenancy issues. The prospect of being made homeless, though happily not common, is nonetheless quite real. In this situation a team that is wellprepared and experienced in presenting

We negotiated with HS2 and persuaded them to buy an equivalent property with a secure tenancy for life at a below-market rent to exactly mirror the property they were being forced to move out of".

Unusual circumstances pave common ground for future legal cases “One of the things that makes my job so interesting is that quite a lot of the circumstances are unusual. Perhaps that’s because things only get really litigious when there’s something at least slightly out of the ordinary,” comments Michael Johnstone, partner and cofounder of legal firm Loxley.

In spite of its unique characteristics, the Northamptonshire case is likely to provide helpful broader guidance for future succession-related disputes. “Although elements of the Northamptonshire case are certainly exceptional, at the heart of it there is an issue of central significance to the vast majority of succession applications – the value of the residential accommodation in which the successors wish to live,” explains Michael, who is currently working on a dispute in Lancashire, for which he will cite the Northamptonshire case.

He adds: “Value can be established by providing a clear indication of what the tenant would have to pay on the open market for equivalent accommodation to provide them with a serviceable home. In the Northamptonshire case, that is precisely what Jonathan did and the Tribunal expressed its approval accordingly.”

complex technical information stands the best chance of success.”

He adds: “Anyone who is renting a property with only a verbal contract should contact a specialist for advice to protect their position. Although a written contract may offer greater protection, it may also bring with it significant limitations and these need to be fully understood before any decision is made.”

Jonathan Perks 07785 615547 jonathan.perks@fishergerman.co.uk

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Grounded in science Fisher German has developed an innovative technique of assessing and monitoring soil health and quality. We explain how the Soils Matrix works and the benefits it brings.

I

f the sight of a freshly ploughed field raises any questions in the mind of the viewer, top of the list will most likely be: what crop will be planted next?

A more fundamental question, the true value of the soil itself, has, until very recently, been rarely asked because it has been difficult to answer.

“In the past the full properties of soil health and therefore value weren’t really understood,” explains Fisher German partner and head of agribusiness David Kinnersley. Discussions about soil improvement focused on physical properties such as drainage and the broad-brush addition of macro nutrients and pH. “But in the last decade, we’ve acquired much more knowledge of interactions at a micro level and the science behind the interface between soil, bacteria, worms, fungi and the roots of the plants we’re trying to grow,” he explains.

This scientific approach led to the development

by Fisher German, in partnership with agronomy specialist Indigro, of an innovative technique of assessing and monitoring soil quality and value to a degree that was previously unthinkable. Branded as the Soils Matrix, it allows landowners to gain a scientific

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analysis of the soil they own and potentially quantify returns on money invested in soil health improvement in an accessible way.

The application of the technology is as pioneering – David says he isn’t aware of any other firm that has brought a wide range of metrics together in a matrix and presented it within a dashboard that gives clearly defined figures – as it is a boon to a wide variety of landowners.

For farmers focused on the lowest cost of production and improving productivity, the Soils Matrix offers a way of benchmarking. For anyone interested in soil health, the Soils Matrix provides a current snapshot as well as suggesting techniques that are most likely to improve soil health in the future.

“We see this as a tool which will be particularly advantageous for institutional and private landlords to assess their assets in terms of soil health and quality, irrespective of the tenancy situation on their land,” says David. The results allow landowners to be significantly better informed when dealing with tenants. The Soils Matrix not only indicates how well an existing tenant is managing the land, it also provides an opportunity to present an incoming tenant with a detailed analysis of the land that includes expectations for how it should be managed for the duration of the tenancy.

This isn’t necessarily bad news for tenants, David points out: “It enables us to move away from subjective judgements towards studied interpretation of the facts in a transparent way. We’ve seen a number of cases where it was believed that the tenant wasn’t managing the soil that well. But after we ran the Soils Matrix, the analysis showed that the soil condition wasn’t as bad as it had been perceived to be.”

Regular health checks

It gives the information that, for example, an estate using the Soils Matrix as the basis for a three-yearly health check could reward tenants who maintain and improve soil quality with an incentive either during or at the end of their tenancy, to reflect the increase in soil health and potential capital value of the land.

Of course, financial gains are not the only reason for improving soil quality.

Enhancing the natural environment, and the soil that underpins it, is a key theme of the government’s draft Agriculture Bill.

“In the future, answers won’t necessarily come from chemistry or plant breeding but getting back to complex farming systems,” notes Fisher German senior associate Robert Knight, who has spearheaded the roll-out of the Soils Matrix. “We’re seeing a convergence of traditional organic agriculture and conventional agriculture, which recognises that we may be able to optimise output by using biological systems.”

One of those systems includes increasing organic matter in the soil, which could also have a useful role to play in carbon sequestration – just 1 per cent organic matter in soil could hold around 17 tonnes of carbon per hectare.

Robert states: “Whatever happens in the future, attention to detail will be increasingly important. The Soils Matrix gives landowners unprecedented clarity about the quality of their soil now, as well as over time.”

The Soils Matrix gives landowners unprecedented clarity about the quality of their soil now, as well as over time.”

Calculating the value of investment At the heart of the matrix is a weighting system that recognises the key influences on soil condition at the time of measurement and converts these into a simple metric.

“Based on our scale, we’re then able to predict productivity of the land we’re monitoring,” says Robert. “That will help answer the previously difficult to quantify question of whether an investment (in labour and materials) is worthwhile.”

He notes that the potential costs and/or savings dictated by the quality of soil can be significant. “For the same area of land, say 1,000 hectares, there could be a 10 per cent difference in output for the same levels of input, simply dependent on

whether the quality of soil is poor or good.

Over ten years that difference in output could total over £1m.”

Robert stresses that the actual figures will be always be based on the particular pieces of land which are surveyed.

Nevertheless, he adds: “There are some genuine savings that can be made by adopting cover crops, organic manures and making cultivation choices, which contribute to a much more resilient environment to grow crops in and reduce risk from weather patterns. Careful choices have the potential to deliver real economic results.”

Inside the matrix

The key parameters include: • Visual soil analysis (VSA) (highest weighting) • Organic matter (high weighting) • Drainage • Acidity/alkalinity (pH) status and liming requirement • Phosphate indices • Potassium and magnesium levels • Weed burden • Soil classification (low weighting)

Fisher German and Indigro’s Soils Matrix calculates weighted scores from the values of a carefully selected set of parameters.

These are chosen on the basis that they are essential to monitor the soil’s value, protect the current value for its owner and potentially aim for its improvement.

Benefits of improving organic matter in soil • • • •

raises water-holding capacity by around 224,000 litres per hectare provides sufficient food for around 1,000kg earthworm biomass raises crop available nitrogen by up to 30kg per ha sequesters as much as 15t of carbon per ha, demonstrating the role our soils can play in the Carbon Zero Challenge

Source: Fisher German

1%

increase in a soil’s organic matter:

David Kinnersley 07501 720405 david.kinnersley@fishergerman.co.uk

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peoplenews

Professional exam success A surveyor in Fisher German’s Ashby office has received a prestigious award in recognition of her achievements in an exam set by specialist professional body, the Central Association of Agricultural Valuers (CAAV).

Alex Watts, who joined Fisher German through our graduate scheme, has been presented with the Gavel award for scoring the highest mark in the practical element of the fellowship exams of the CAAV in the Midland Counties region.

She also passed her Assessment of Professional Competence (APC).

The two-day CAAV examination takes place on a farm and includes practical, oral and written assessments covering a variety of agricultural topics to test candidates’ knowledge and skills around rural property and valuation. The CAAV is a specialist professional body representing almost 3,000 members practising in a

diverse range of agricultural and rural work throughout England, Wales, Scotland and Northern Ireland.

Alex’s success was echoed throughout the firm with several people passing their APC with RICS or RTPI, or becoming members of the CAAV. Amy Bowden, Julius Carter, Olivia Naylor, Kayne Burgon, Antonia Wyatt, Isobel Lole and Matthew Trembath all passed the APC, while Joe Senior, Molly Gaden and Richard Fisher became members of the CAAV. Lucy Whitaker and Ellie-May Craddock achieved both.

Raising awareness of men’s health Fisher German and Vine Property Management took part in Movember 2019 last November, raising more than £6,000.

Movember aims to raise awareness of men’s health in the workplace and beyond, and funds go to the Movember Foundation.

The month-long campaign was joined by more than 25 colleagues across our

office network including Senior Partner at Vine Property Management, James Rigby, who received donations of more than £4,000 after his clients agreed to donate if he kept his moustache for an additional month, leading up to Christmas Day. James said: “Movember tackles such important issues that men have to face, such as prostate cancer and a higher risk of suicide, so it was a no-brainer for Fisher German and Vine to support the appeal. I’m amazed at the level of support I’ve received for this wonderful cause – and I’m really proud of all my colleagues who grew moustaches too. I hope the money we raised goes some way to improve men’s health.”

Planning for tomorrow’s leaders Fisher German’s Molly Phillips gained a valuable insight into urban planning after taking part in the Royal Town Planning Institute’s (RTPI’s) annual work shadowing scheme.

Molly, a graduate planner from the Ashby office, spent the day at Nottingham City Council shadowing the work of Paul Seddon, Director of Planning and Regeneration, and his colleagues.

The Chief Planners of Tomorrow scheme, which took place before the coronavirus lockdown began, offers

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young planners an opportunity to step into the shoes of chief planners and senior directors from the RTPI’s learning partners for the day.

Associate director to chair industry body Rachel Bridge, an associate director at Fisher German, has been voted in as Midlands chair of the pipeline industry association Pipeline Industries Guild (PIG), the only association to cater directly for the needs of the pipeline industry. She was voted in at the association’s national AGM, which was held remotely via Microsoft Teams due to Covid-19.

Rachel was first introduced to the Midlands PIG during a university placement in 2007 and has since been an active member. She is set to use her year as Midlands chair to focus on education, linking more young people to the pipeline industry and highlighting the wide range of career opportunities available.

Strong growth leads to firm-wide promotions

Fisher German made a string of promotions in April – including three new partners – following a strong period of growth.

A total of 32 recent promotions across our offices mark our continuing success across several specialisms including planning and development, utilities and rural consultancy.

The new partners are Luke Brafield and Mark Gilkes at the firm’s Ashby office and David Kinnersley, head of agribusiness, at its Worcester office.

Richard Benson, Hugh Maxfield, Ben Marshalsay and Richard Broome have also progressed within the partnership.

Other key promotions include Richard Gadd, who has been promoted to Associate Director within our National Country Agency Team, Stephen Buckingham and Victoria Oldham, who have both been promoted to Senior Associates in the Stafford office, and Becky Woodrow in our Chester office has also been made a Senior Associate.

Partner spotlight

Sarah DeRenzy-Tomson

Having become a partner at Fisher German in 2019, Sarah DeRenzyTomson explains why she has been interested in planning from an early age.

M

y father was a town planner, and I was always interested in his job and the impact planners can have on the environment. I went on to study Geography at Liverpool University and after graduating took a planning assistant job at Tamworth Borough Council.

Following this short stint in local authority I was sure town planning was the career for me. I started a town planning course at the University of Central England whilst working part time with Louise Brooke-Smith, who ran her own private planning consultancy.

Louise was a fantastic mentor and I learnt a great deal from her.

I went on to join the GVA Grimley (now Avison Young) graduate programme and spent the next 12 years progressing my career. Some of my highlights included securing planning permission for new military facilities at operational sites in Aldershot and across the Salisbury Plain.

I also worked on health projects including the new 600-bed acute hospital to serve Birmingham and Sandwell, community hospitals, and secured consent for several thousand homes.

Entrepreneurial and innovative

After a short career break looking after my two children, I was ready for a fresh new challenge, and following a recommendation

At Cheltenham races

from a friend, I was attracted to Fisher German. The partnership approach and entrepreneurial and innovative nature of the business really stood out.

Since joining in 2014, I’ve particularly enjoyed learning about the extremely diverse nature of the business. I’ve had the opportunity to secure planning consent for farm diversification projects, including new wedding venues, barn conversions, and small-scale residential developments. I recognised early on that these projects were fundamentally important to the sustainability of rural areas.

I currently lead a great team of specialist utilities and sustainable energy planners.

We are involved in some excellent projects, recently securing planning permission for the new Severn Trent Academy which will be a state of the art training facility. The Academy includes an outdoor area for real life training on below-ground pipeline infrastructure.

Beneficial impact

With her husband and children on holiday

Other notable projects include securing planning permission for an oil pipeline diversion of an important strategic pipeline in London and securing consent for eel screens along water intakes for water treatment works. I’ve also secured consent for numerous waste and water infrastructures as well as most recently progressing new opportunities for solar and hydrogen energy schemes.

What I love most about my role is working with great people, and having a big impact on people and businesses – securing planning permission for a project can change lives. There is also the interaction with the environment; good planning can have significant beneficial impacts.

A typical week involves team meetings, site visits, writing reports, negotiating with local authority planning officers and attending planning committees. The best part is sharing the good news that planning permission has been secured.

Drive and patience

To be successful in this role, you need to be good at working in a team. You need drive, strong project management skills and a lot of patience; councils are not always the quickest at dealing with applications.

We are constantly interacting with clients, and are out on site frequently.

What I love most about my role is working with great people, and having a big impact on people and businesses.”

From day one working in private consultancy in the year 2000, I knew I wanted to be a partner, and after following the Pathway to Partnership course at Fisher German I joined the partnership in 2019. It was a huge career highlight for me, and I thoroughly enjoy being part of this great group of people.

In my spare time, I love spending time with my husband and two children – Gracie, 13 and Lewis, 9. We enjoy spending time exploring the Staffordshire countryside around where we live and travelling on city breaks and holidays abroad. Once lockdown is lifted we are looking forward to planning future trips.

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Sector insight Prepare now for Brexit consequences

Successes amid the uncertainty

David Merton, head of rural

Duncan Bedhall, head of commercial

There is no doubt that the post-Brexit policy and trading environments will put pressure on farming businesses going forward, but those businesses that are more resilient and open to new opportunities will succeed. The pandemic has accentuated the need to protect food security, with consumers increasingly supporting local suppliers.

Income from subsidies made up 54% of the average farm business income, which measures net profit, across all farm types for the 2018/2019 financial year. However, this masks huge variations in profitability across different farm types, sizes and geographical regions.

The recent Agriculture Bill updates confirmed the proportional reduction in direct subsidies from 2021, and many farms risk being unprofitable after the complete removal of Basic Payment Scheme from 2028. Farmers are advised to use the sevenyear transition period to increase efficiency or diversify their business.

A thorough re-assessment of the resources available to rural businesses including land, buildings, people, machinery and capital will reveal any under-utilisation or potential for change. It is also worth considering the natural capital assets on the farm, as the focus on the environment and what it can offer in a wider sense has never been greater.

The Environmental Land Management Scheme (ELM) proposed by the government’s 25 Year Environment Plan is underpinned by natural capital principles, setting out goals for clean air and water, habitat protection and climate change mitigation.

Although the situation is evolving, there are things rural businesses can do now to ensure they are in an optimum position to take advantage of opportunities as they emerge. It is vital that they are prepared to do so.

It is only seven months since my last commercial update, but it seems like another time. We have had a general election, a “Boris bounce” and then a pandemic. Enough to dampen all but the sunniest of optimists!

What does the future hold for commercial property? It’s difficult to predict with any certainty.

But these events are not unprecedented and never before have we had the global networks and scientific and economic tools that we have now to deal with it. The business and scientific communities are showing how we can cooperate across borders to beat the pandemic, and that should give us hope.

It’s been far from business as usual, but we have had some notable successes at Fisher German.

These include the letting of a 30,000 sq ft warehouse on the M5 near Birmingham in less than a week at the height of lockdown and completion of a letting of 15,000 sq ft facility on Hartlebury Trading Estate in Worcestershire to ARCC, a builder of towers for the 5G mobile network.

We are fortunate that Fisher German have been so strong in the warehousing and industrial sector.

Retail and leisure have not fared so well – rents have simply not been paid in many instances.

Some occupiers can’t, others just won’t pay. No foresight is needed to see that the situation is unlikely to improve in the next quarter.

In the short term this may be painful but businesses that survive will be stronger and we look forward to letting, selling and managing the properties they will occupy.

A green recovery is needed Darren Edwards, head of sustainable energy It was always going to take something major to usurp the issue of climate change from the top of the daily news reel – step forward the global pandemic of Covid-19.

The impact on the global energy market has been significant. Emissions plummeted with fewer aeroplanes in the sky and cars on the road, and lower electricity consumption from fossil fuel power stations. It’s expected that more than 2,600m tonnes of CO2 will be cut internationally this year, a figure that is increasing as coronavirus continues.

However, the reality is emissions will quickly rebound unless the response to the pandemic can create lasting, structural change.

The postponement of the November 2020 UN Climate Change Conference by 12 months has delayed the UK government’s anticipated announcement on future energy policy. The government was expected to make some firm commitments on how it intends to counteract the decommissioning of coal-fired power stations and further ‘green up’ UK energy supplies. This is now expected to be pushed back to mid-2021.

Nevertheless, the issues of climate change and global warming have not gone away and neither has the government’s commitment to achieve net zero emissions by 2050. It is for that reason my team has been working hard over the last 6 months planning how we can help clients do their bit to reduce their carbon footprint. The property sector is heavily exposed to emissions and efficiency challenges, and we will shortly be rolling out new services for our clients with large asset portfolios.

Watch this space.

David Merton

Duncan Bedhall

Darren Edwards

01530 410806

07831 824663

07918 677571

david.merton@fishergerman.co.uk

duncan.bedhall@fishergerman.co.uk

darren.edwards@fishergerman.co.uk

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Fisher German’s sector heads look forward to what lies ahead for the firm and its clients.

Strategic land opportunities Ben Marshalsay, head of development The Covid-19 lockdown meant most building sites across the UK closed and many developers furloughed staff.

The restrictions impacted the transactional development land market and we have seen elements of conditionality creep into developer proposals. Since the middle of May, housebuilders have reported good rates of sales but clearly the rate of build and sale over the course of this year will be slower and lower than before.

However, any potential impact will be felt mainly within this market and not within strategic development land, where we have seen an increase in interest over the past three months.

We expect the lower build and sales rates to remain for a little while longer, which may present opportunities in the medium term to promote strategic land through the planning system. Local planning authorities are coming under increased pressure to deliver what is still a mantra from government: more development and more new homes. The target remains at three hundred thousand homes a year and last year delivery was less than two hundred and fifty thousand.

The appetite for consented land will persist, but in the short term may come from new and diverse sources. Well-funded SMEs, Affordable Housing developers and perhaps more developers of Modern Methods of Constructions (MMC) may show increased demand for such opportunities.

The government will almost inevitably look to invest in the Sector (house building especially) as a way to re-invigorate the economy; it would not be a surprise to see an extension to the Help to Buy scheme which is set to end shortly.

An unexpected bounce

Restart, reset and reinvent

Alasdair Dunne, head of residential

Giles Lister, head of utilities & infrastructure

Six months ago, I suggested that the uncertainty created by Brexit and pending general election had created a cautious market, with stable prices but lower transaction levels. When we left Europe on 31 January, people who had previously lacked confidence to take the plunge were eager to press ahead. Market activity continued to accelerate right up until lockdown.

Covid-19 hit the housing market incredibly hard in March, and buyer demand dropped by 70% almost instantly.

April saw a dramatic rise in online activity from both buyers and sellers as would-be home movers researched the marketplace. This activity was at almost frantic levels by 13 May when lockdown restrictions were eased. This has continued, but the ‘shape’ of this spike is impossible to forecast.

The prudent amongst us would anticipate some softening in market activity and prices as the year progresses. A benevolent approach from lenders, government support schemes, and historically low interest rates will mitigate against dramatic movement, but we must anticipate some impact from the stress that our economy is under.

As ever, the best properties in the best locations will be relatively immune to market downturn, and Fisher German specialises in the sort of properties that people are eager to move to. Many people have adapted to home working, and have loosened their ties to offices and cities and opened the possibility a country life. The desire we are currently seeing from people eager to relocate to the country could compensate for the drop in demand that we anticipate from more local home movers.

Infrastructure is critically important to our economy and society. During the Covid-19 lockdown more than 470 infrastructure projects worth more than £6 billion were placed on hold, and new contract numbers reduced. An additional £2 billion has been allocated to fund infrastructure projects, which lays the groundwork for future economic growth, to ensure the UK can ‘bounce back’ as expected by the second half of 2021.

The drive for net zero emissions by 2050, which is leading a global charge to protect both the planet and our economy, has led to energy from bioenergy, waste, wind, solar and hydro hitting a record high at 36.9%. Net zero carbon capture schemes, electric vehicles, transport and full-fibre broadband are a priority. The utility companies will be investing more than £600 billion over the next five years.

Infrastructure will restart, reset and reinvent the economy as we move into the new normal with a focus on achieving economic, environmental and social sustainability. A ‘systems thinking’ approach is being adopted – infrastructure is an interconnected system, not a collection of projects, and provides the foundation for our society ensuring better performance and outcomes.

The majority of paused capital projects have now restarted and through our enterprise and drive for innovation we are well placed to support their delivery over the coming years. We have the opportunity to review delivery with a renewed focus on clearing any backlogs at pace that have accumulated during this challenging period. This will enable the alignment of sector interests and compliance with regulatory obligations.

Ben Marshalsay

Alasdair Dunne

Giles Lister

01530 567465

07501 720412

01227 477870

ben.marshalsay@fishergerman.co.uk

alasdair.dunne@fishergerman.co.uk

giles.lister@fishergerman.co.uk

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Office directory 1 Ashby de la Zouch The Estates Office, Norman Court, LE65 2UZ 01530 412821

2 Aycliffe Unit 4, Block 3, Bede House Durham Way Newton Aycliffe, DL5 6DX

8 Cwmbran Suite 5, Raglan House William Brown Close Llantarnam Business Park Cwmbran, NP44 3AB

9 Doncaster Unit 2, Carolina Court Lakeside Business Park Doncaster, DN4 5RA 01302 243930

15 Knutsford Charles House 1-2 Royal Court Tatton Street Knutsford, WA16 6EN 01565 757970

4 Bedford Unit 8, Stephenson Court Fraser Road Priory Business Park Bedford, MK44 3WJ 01234 823661

5 Birmingham 326 High Street Harborne Birmingham, B17 9PU 0121 561 7888

6 Canterbury Court Lodge Farm Offices Godmersham Park Canterbury, CT4 7DT 01227 477877

7 Chester 4 Vicars Lane Chester, CH1 1QU 01244 409660

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10 Glasgow 3 Somerset Place Glasgow, G3 7JT

11 Head office Ivanhoe Office Park Ivanhoe Park Way Ashby de la Zouch 01530 412821

16 London Henry Wood House 2 Riding House St London, W1W 7FA

17 Market Harborough 40 High Street Market Harborough, LE16 7NX 01858 410200

18 Newark 12 Halifax Court Fernwood Business Park Cross Lane Newark, NG24 3JP 01636 642500

13 High Wycombe Office 12, Devonshire House 1 Cliveden Office Village Lancaster Road High Wycombe, HP12 3YZ

14 Hungerford Firn House 61 Church Street Hungerford, RG17 0JH 01488 662750

2 Rutherford Court Staffordshire Technology Park Stafford, ST18 0GP 01785 220044

23 Southampton Unit 14, Basepoint Business Centre Andersons Road Southampton, SO14 5FE

24 Thame 17 High Street Thame, OX9 2BZ 01844 212004

25 Worcester

12 Hereford The Middle Granary Brockhampton Hereford, HR1 4SE 01432 802545

Office 16C, Manvers House Pioneer Close Rotherham, S63 7JZ

22 Stafford

3 Banbury 50 South Bar Banbury, OX16 9AB 01295 271555

21 Rotherham

19 Newcastle Suite 4E, Spaceworks Benton Park Road Newcastle upon Tyne, NE7 7LX

20 Rossendale Suite 16A, Link 665 Business Centre Todd Hall Road Haslingden, Rossendale

Global House Hindlip Lane Worcester, WR3 8SB 01905 453275

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Sectors

Services

Commercial

Agency

Development

Agribusiness

Residential

Building Consultancy

Rural

Compensation

Sustainable Energy

Expert Witness & Dispute Resolution

Utilities & Infrastructure

Infrastructure Services Landlord & Tenant Property Management Planning

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Restructuring Telecoms Valuations 2

We are slowly reopening our offices in line with client needs and government guidelines, following the Covid-19 pandemic. If your local office is currently closed to visitors, all your usual contacts will still be available to speak to via phone, email and video. Find contact details on our website at fishergerman.co.uk/team.

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For more information visit:

www.fishergerman.co.uk

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www.fishergerman.co.uk