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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Biodiversity offsetting - Anyone done it?
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<blockquote data-quote="Coximus" data-source="post: 8175677" data-attributes="member: 12800"><p>as a little update </p><p>Legal opinion is based on the current framework if payments stop the terms of termination would be down to the contract terms.</p><p></p><p>Notice how it is no compulsory as many local authorities are not yet doing offsetting - the legal framework gives the council very little to go on if payments are not made.</p><p></p><p>My contract comes with a fallback clause to the council to pick up the offset - IF they want to, and claim back from the homeowners......</p><p>I can see this as the next miss selling scandal in a few years when home owners cant sell their house as bob the farmer down the road is owed £20k plus legal bills costing 10x that.</p><p></p><p>MY LA planning prefers I get paid upfront for everything without any annual, or the bank investment fund model as it covers their ass and protects from future issues - but they have no power or right to determine the framework of the offset compensation package - that is none of their business - their only power is agreeing to the offset and its nature, and then requiring it be delivered. Its to the extent they dont even know what I am to be paid and the developers are hardline keen they never know.......</p><p></p><p>Plus side the fields were limed this week and are about to swim in muck !</p></blockquote><p></p>
[QUOTE="Coximus, post: 8175677, member: 12800"] as a little update Legal opinion is based on the current framework if payments stop the terms of termination would be down to the contract terms. Notice how it is no compulsory as many local authorities are not yet doing offsetting - the legal framework gives the council very little to go on if payments are not made. My contract comes with a fallback clause to the council to pick up the offset - IF they want to, and claim back from the homeowners...... I can see this as the next miss selling scandal in a few years when home owners cant sell their house as bob the farmer down the road is owed £20k plus legal bills costing 10x that. MY LA planning prefers I get paid upfront for everything without any annual, or the bank investment fund model as it covers their ass and protects from future issues - but they have no power or right to determine the framework of the offset compensation package - that is none of their business - their only power is agreeing to the offset and its nature, and then requiring it be delivered. Its to the extent they dont even know what I am to be paid and the developers are hardline keen they never know....... Plus side the fields were limed this week and are about to swim in muck ! [/QUOTE]
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Biodiversity offsetting - Anyone done it?
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