PROPERTY & BUSINESS - JHWalter

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PROPERTY & BUSINESS - JHWalter
PROPERTY
& BUSINESS
PROPERTY & BUSINESS - JHWalter
High Flight
Oh! I have slipped the surly bonds of earth,
And danced the skies on laughter-silvered wings;
Sunward I’ve climbed, and joined the tumbling mirth
Of sun-split clouds, -- and done a hundred things
You have not dreamed of -- Wheeled and soared and swung
High in the sunlit silence. Hov’ring there
I’ve chased the shouting wind along, and flung
My eager craft through footless halls of air...
Up, up the long, delirious, burning blue
I’ve topped the wind-swept heights with easy grace
Where never lark or even eagle flew --
And, while with silent lifting mind I’ve trod
The high untrespassed sanctity of space,
Put out my hand, and touched the face of God.

John Gillespie Magee, Jr

Magee took off in his Spitfire from RAF Wellingore (now reverted to
agriculture). He had a mid-air collision with an Oxford near Roxholme, baled
out but was too low for his parachute to open. He died on impact on farmland
near Ruskington and is buried at Scopwick cemetery, near RAF Digby.
He was only 19.
PROPERTY & BUSINESS - JHWalter
JHWalter is proud to join the celebrations
                     Foreword           of 100 years of the Royal Air Force.
                                        The City of Lincoln, its             To be able to look forward,
                                        Cathedral and the county of          we need to be able to look
                                        Lincolnshire have a very special     back. This is what we do in
                                        relationship with the RAF.           equal parts in the 2018 edition
                                        We are proud to call ourselves       of ‘Property & Business’.
                                        ‘Bomber County’.
                                                                             Like the RAF, JHWalter is
                                        How fitting that the Bomber          proud of its tradition and its
                                        Command Memorial and Visitor         heritage. Though we are ‘tried
                                        Centre have been officially          and trusted since 1790’, we
                                        completed in this centenary          take nothing for granted. No
                                        year. A great tribute to all those   business or individual can do
                                        who flew the bomber aircraft         so in a rapidly changing world.
                                        that defended our nation. Many       There are plenty of challenges
                                        never to return.                     coming from Europe as well
                                                                             as at home, just as there were
                                        The Bomber Command Centre            when the RAF achieved its
                                        is also a great tribute to Tony      ‘finest hour’.
                                        Worth, former Lord Lieutenant
                                        of Lincolnshire, who died last       The professional team at
                                        year before he could see the         JHWalter is here to help
                                        great memorial finally opened.       businesses and individuals alike
                                        Without his massive enthusiasm       to meet the challenges ahead.
                                        and energy, it would never           We are proud to be of service.
                                        have happened.

Property				02                                           Planning				29

Residential - Market Overview		            02            Planning Successes 			                      32
Home Surveys				12                                       Homes for Heroes			                         33
Commercial				13
The County Property Auction		              17            Energy				34
Land					19
                                                         Battery Power - Fact or Myth		              36
Business				22                                           Renewable Heat			37

Planning for Succession		                  23            News				39
Brexit & Funding for Farming		             26
Machinery auction			28                                   What’s on				41
                                                         Joining JHWalter			42

Front Cover Image:
‘Just Jane’ a Lancaster NX61. Kind permission granted by the Lincolnshire Aviation Heritage Centre
and Martin Keen of Silksheen Photography. For further information please visit http://www.lincsaviation.co.uk/
PROPERTY & BUSINESS - JHWalter
“Your staff have been an absolute pleasure to deal with. Thoroughly
  professional and efficient; you progressed the sale with such gentle
 tenacity and maintained brilliant lines of communication between us,
    the vendor and respective solicitors. I would have absolutely no
                hesitation in recommending JHWalter.”

PROPERTY | BUSINESS | PLANNING | ENERGY

                                 01522 504304 | jhwalter.co.uk
PROPERTY & BUSINESS - JHWalter
Residential

Market Overview
Chocks Away…
As the droning engines of Brexit
approach the white cliffs of Dover,
interest rate rises slowly climb
through the clouds and stamp duty
exemptions for first time buyers dive
over the horizon, the dogfights of
2017 are now well and truly ancient
history, as we glide into the clearing
mists of 2018 and try to predict what
will appear in the gun sights.

Rightmove’s early national house
price indices for 2018 showed early
indications of robust demand from
buyers, broadly consistent with the
same period in 2017, if not up a
little by around 9%, along with the
average price having increased by
7% (+£2,067) against 6% in the same
period last year. Many of the more
reliant market pundits’ predictions
for 2018 prices seem to suggest a
period of stable and steady growth of
around 1% and furthermore suggest
that prices will rise by around 14.2%
cumulatively between 2018 and 2022.

Nationwide’s chief economist Robert
Gardner recently commented “The
acceleration in annual house price
growth is a little surprising, however
the flow of properties coming onto
estate agents books has been more of       Whilst this is true across all price     If your property is already on the
a trickle than a torrent for some time     points of the market, it is especially   market with another agent and has
now and this lack of supply is likely to   prevalent in the first time buyer        been for some time, why has it not
be the key factor providing support        sector, due principally to the boost     sold or getting the interest it should?
to house prices.”                          given by the abolition of stamp duty
                                           on property transactions up to           This is not rocket science and is
Whilst busy with valuations, many          £300,000, leading to would-be buyers     generally due to one of three reasons,
sellers still seem reticent to commit      wishing to take advantage of securing    poor marketing, poor agent or
to come to market, leading to less         properties at today’s prices, before     incorrect pricing. Perhaps it is time
choice for would-be buyers, therefore      any stamp duty savings are overtaken     for a fresh approach and relaunch,
savvy would-be sellers should be           by rising prices.                        so please do not hesitate to call one
looking to get their properties                                                     of our team to see how we can get
onto the market pronto, as the lack        Therefore many smart buy-to-let          your home flying.
of fresh stock is leading to those         investors looking for an exit strategy
properties that are temptingly priced      due to new minimum energy
selling quickly and achieving asking       efficiency legislation coming into
prices or near to.                         force from the 1st of April this year,                Simon Smith
                                           are releasing some of their portfolio                   MNAEA MARLA
                                           properties to take advantage of this        Partner, Residential Property
                                           increased demand.                          e simonsmith@jhwalter.co.uk
                                                                                                    t 01522 504354

02 \\ jhwalter.co.uk/property                                                PROPERTY | BUSINESS | PLANNING | ENERGY
PROPERTY & BUSINESS - JHWalter
Residential

To the                                        centuries who were responsible for
                                              building Blankney Hall, rebuilding the
                                                                                            In 1864 they became engaged and the
                                                                                            wedding was to be the society event
                                              church, laying out the park and largely       of the year. However, during their
Manor Born                                    rebuilding the village.                       engagement Florence had secretly fallen
                                                                                            in love with Henry Rawdon-Hastings,
Having been kindly instructed by              The most colourful member of the              4th Marquis of Hastings. Just before her
Blankney Estates to appraise the              family was Henry, who inherited the           wedding, the story goes, she had asked
potential for planning at Scopwick            entire family estate including Blankney       Chaplin to take her to Oxford Street to
House and it’s associated buildings,          Hall, along with large estates in             add to her wedding outfit. While Chaplin
our planning team managed to establish        Lincolnshire, Nottinghamshire and             waited in the carriage outside, Florence
a stunning heritage development               Yorkshire, at the tender age of 21.           walked straight through the shop and
planning approval for the whole of the        Known to mix in the very highest              out the back, where Hastings waited for
site. This included splitting the principal   echelons of society, including Queen          her. Hastings and Florence eloped and
house of some 11,000 square feet, into        Victoria’s son Bertie (the Prince of          were married the very same day, with
two dwellings, four barn conversions          Wales) whom he had befriended at              Florence informing Chaplin by letter the
in the 15,000 square feet of Grade II         Oxford University and became King             next day, before departing for Scotland,
Listed limestone barns, extension and         Edward VII in 1901, Henry achieved            prior to a longer stay in India whilst the
remodelling of Gardeners Cottage, a           notoriety through romance and racing,         scandal died down.
new build replacement dwelling, along         featuring in one of the great Victorian
with an extension and remodelling of          society scandals that became known as         Having been humiliated and made a
the aptly named Hermit Cottage.               ‘The Pocket Venus Episode’.                   public laughing stock Henry became
                                                                                            obsessed with gambling and racing,
Scopwick House was originally                 He fell in love with a London socialite,      indeed it was said that “he bought
commissioned by the Chaplin family,           Lady Florence Padget, who was known           horses as if he was drunk and betted
owners of nearby Blankney Hall and            as “The Pocket Venus” because of her          as if he was mad”.
estate for most of the 18th and 19th          diminutive stature and great beauty.

03 \\ jhwalter.co.uk/property                                                           PROPERTY | BUSINESS | PLANNING | ENERGY
PROPERTY & BUSINESS - JHWalter
In the 1867 Derby, Chaplin renewed           During the First World War it became         their original guide prices by the time
his rivalry with Lord Hastings. Hastings     a convalescent hospital for wounded          they hit the finishing line. Bringing the
wagered thousands of pounds against          soldiers and airmen in 1914, run by local    deal into the enclosure, with eight sets
Chaplin’s horse, ‘Hermit’, Ten days          volunteer nurses, until it’s closure         of buyers along with eight solicitors,
before the race Hermit burst a blood         in 1919. The Londesboroughs also ran         was never going to be an easy bet,
vessel whilst training and Chaplin was       into bad luck, suffering the deaths of       however for the team at JHWalter,
advised not to enter him. However, the       four successive owners in title within       it was just another day at the races.
injury was not so serious and though         forty years, and with crippling death
not fully fit, Hermit entered the race       duties, were forced to sell in the 1930s,    Image:
and won it despite a dreadful storm.         this time to Billy Parker, a successful      Kind permission granted for use of
                                             farmer from Norfolk, making him the          hospital photograph from the postcard
Lord Hastings lost over £150,000             largest farmer in England with 32,000        collection of Michael Credland with
(over £12 million in today’s value) and      acres in Norfolk, Lincolnshire and           special thanks to
died a broken man the following year         Leicestershire. Scopwick House soon          manorhousestables.co.uk
aged only 26. Folklore proclaims that        became home to the Parker family
his final words on his deathbed were         and has remained a centrepiece of the
“that damned Hermit”.                        Blankney Estate ever since.

By 1892 farming rents were falling and       Having secured the full heritage planning
Henry Chaplin was obliged to sell the        for the estate we were then kindly
estate to meet debts resulting from his      tasked to offer it for sale. This we did,
extravagant lifestyle, political ambitions   available as a whole or in nine individual
and heavy wagers. The new owner              lots. As you can imagine such a unique                       Simon Smith
                                                                                                            MNAEA MARLA
was Chaplin’s main mortgagee, William        site gathered a lot of attention from the
                                                                                                Partner, Residential Property
Denison, 1st Earl of Londesborough.          buying public and indeed many of the
                                                                                               e simonsmith@jhwalter.co.uk
                                             individual lots raced to far in excess of                       t 01522 504354

04 \\ jhwalter.co.uk/property                                                       PROPERTY | BUSINESS | PLANNING | ENERGY
PROPERTY & BUSINESS - JHWalter
Residential

Less Isn’t
Always More
We often get asked the question,
“you must feel under threat from
the online agents?

And our response is no, not really,
as we ourselves are very much online
agents, advertising on the most
popular property portals Rightmove,
Onthemarket.com, UKLand&Farms,
The Lincolnite and of course our very
own regularly updated and recently
revamped website JHWalter.co.uk

However this is probably where the
similarity with pure online agents ends.

We don’t simply rely on posting our
properties on the internet and hoping
for the best (though if one were to be
cynical, online agents don’t really need
to hope for the best, as most already
have your money and therefore no
incentive to try and sell your property)
Statistics show online only agents fail to   We however, in old speak, are ‘proper
sell 50% of properties they have listed.     estate agents’.                              “...beware the add ons”
The ‘online agents’ only way of getting      We offer more traditional personal           Online only agents are charging anything
interest in a property is by hoping          services, including a dedicated,             from £35 per viewing, or extra viewing
someone sees it online and gets in           experienced, human sales team,               package for around £300.
contact to view. If this doesn’t work,       who know everything you need to
the only option they have to try and         know about all the areas we cover.           Furthermore they charge for an EPC
generate some interest is to reduce the                                                   (Energy Performance Certificate)
price and hope it will appeal to more        They have visited every property we          ranging from £70 up to £85 and
buyers at a lower price. Of course,          have on our books and understand our         Premium Listing upgrade on Rightmove
eventually the price will be reduced low     vendors situations and expectations.         for £100 to £120. One online agent
enough and it will sell, so you may be                                                    recently marketed their offering to not
saving money on your estate agent fee,       We will accompany viewings to attain         pay until exchange offering fees from
however you may risk losing a lot more,      true feedback from potential purchasers.     £1,495 the equivalent fee offering of
by selling your property for thousands                                                    many High Street agents.
of pounds less than it is worth.             We have an extensive mailing list
                                             of buyers and regularly send them            We include all of these as part of
                                             details of listings, which then gives us a   our package at no extra cost along
“...online only agents                       reason to call to offer any information      with professional photography and
                                             on said properties, suggest other            bespoke brochure.
fail to sell 50% of                          properties to view and generally instil
properties they                              some motivation to act. If the potential
                                             buyer doesn’t want to view we can find
                                                                                          So to discuss the sale of probably your
                                                                                          most important asset and discover our
have listed.”                                out the reasons why, and if relevant to      surprisingly competitive fees, please give
                                             the property in question, react with         one of the team a call or pop in for
Your property is generally your              some positive action.                        a coffee.
biggest asset, so we would ask the
question why people would want to                                                                     James Drabble
use a ‘cheap option’?                                                                                             MNAVA
                                                                                                                    Valuer
                                                                                             e jamesdrabble@jhwalter.co.uk
                                                                                                           t 01522 504355

05 \\ jhwalter.co.uk/property                                                         PROPERTY | BUSINESS | PLANNING | ENERGY
PROPERTY & BUSINESS - JHWalter
Premier Property                On reflection of a somewhat turbulent
                                2017, which saw further political and
                                                                             If your property is in this category,
                                                                             typical market values were probably
                                economic uncertainty, changes to Stamp       irrelevant when you decided to buy.
Staying Ahead                   Duty Land Tax and further Brexit bear
                                baiting, there are undoubtedly more
                                                                             However, as the market tightens its
                                                                             shoelaces, with lenders sharpening their
of the Game                     changes afoot which may have an effect
                                on the East Midlands property market
                                                                             pencils and surveyors being reigned in
                                                                             on valuation, it has never been more
                                as we move further ahead through 2018.       imperative to ensure that your pricing
                                                                             aspirations are not out of kilter with
                                Strangely, this uncertainty has              reality. In such markets, getting your
                                demonstrated a positive effect on the        initial price right can make an enormous
                                regions ‘higher end’ housing market          difference to the price achieved and
                                over the last 18 months, as we have          how long it takes to achieve it.
                                witnessed it defying the stagnation
                                seen in other parts of the country.          Serious buyers tend to want to view
                                With far fewer quality homes available       and choose from a handful of bespoke
                                in the £500,000 to £2 million bracket,       properties. Your best chance of being on
                                due in part to a much higher than            that list is when you first go to market,
                                average term of ownership than               and you will only be on the list if the
                                other areas of the country, the region       pricing looks sensible. Once they are
                                and specifically Lincolnshire, has           through your door, your house can be
                                demonstrated a shortfall of these            fully appreciated. The motivation of the
                                properties being offered for sale.           buyer then becomes much more about
                                                                             the fear of missing out, rather than the
                                As such, too many ‘agents’ are being         hope of securing a bargain.
                                tempted to suggest asking prices they
                                know to be unrealistic, but use it as a      A number of sellers are also bypassing
                                tool simply to persuade the seller to go     the public arena in favour of an
                                with them, with the expectation to brow      off-market sale. Discreet and low-key,
                                beat down the asking price over time.        these deals progress not by listing on
                                                                             property portals or open viewings, but
                                Whilst capital values remain more or         rather by inside knowledge of knowing
                                less flat, local factors such as schooling   who the local and further afield ‘top
                                and population changes, are having much      end’ buyers are, understanding what
                                more influence on any underlying shifts      they are looking for and of course
                                in values than macro-economic ones.          making the all important phone call to
                                                                             persuade them to view.
                                Selling need not always be a stressful
                                experience. That cliché exists though,       For the near future the team at
                                because it can be, our homes being so        JHWalter envisage a steady flow of new
                                intensely personal an asset. The trick       instructions coming to the market with
                                is to try to be as objective as possible.    hopefully, sellers being aware of the
                                Put yourself in the position of the sort     need for accurate pricing in a market
                                of person your house is likely to appeal     place that is stabilising. It is vital that
                                to and think about what they would           you canvass the opinion of the expert
                                want, could afford and research the          team here at JHWalter, to ensure the
                                competition. This should quickly bring       optimum result on the sale of your
                                you up to speed with relevant-ish values.    property, through our unrivalled advice
                                It will also enable you to see how           and bespoke service.
                                properties with excessive guide prices
                                stand out as such, whilst those which
                                appear to offer real value go straight to
                                the top of a buyer’s list, maximising the
                                chances of a significant premium.

                                All houses are unique. A small minority
                                though, combine an exceptional and
                                                                                              Ben Kendall
                                                                                                   BSc (Hons)
                                unique value with such special appeal,                        Associate,Valuer
                                that comparisons with other properties             e benkendall@jhwalter.co.uk
                                become genuinely unrealistic.                                  t 01522 504309

06 \\ jhwalter.co.uk/property                                            PROPERTY | BUSINESS | PLANNING | ENERGY
PROPERTY & BUSINESS - JHWalter
Residential Development

   Naughty but Nice New Build
   JHWalter have been working closely         building regulations constantly being      along with certain rooms being
   with a number of prime development         introduced. They also benefit from         required to have accessible opening
   companies over the last few years,         higher levels of sound insulation both     windows, large enough to allow
   helping them in the design, marketing      within the home and from external          escape in the event of a fire. For those
   and selling of their stable of new         sources, furthermore they are built to     wanting the easy life a further bonus
   build properties from apartments,          mobility standards giving easier access    is, being brand new, your new home
   bungalows to bespoke larger, and           for the disabled and elderly.              should not need updating, refurbishing
   executive homes.                                                                      or redecorating for several years
                                              If you buy off-plan, you may be able to    to come.
   Whilst personally being an old school      have some involvement in the choice
   lover of all things period architecture    of kitchen and bathrooms along with        Having so many advantages I have
   delivers, including Victorian, Georgian,   a choice of fixtures and finishes and      almost persuaded myself to look at
   and though not strictly period, 1930’s,    for peace of mind new build homes          buying a new build for my family and
   I can, however, see the many benefits      come with either a 10-year NHBC            indeed am being swayed by my much
   in buying a new build property.            warranty or Professional Consultants       better half, that if we can find one in
                                              Certificate, covering most structural      the right location, might indeed be
   A new home will be more energy             issues. Most developers also offer a       doing so!
   efficient, with a modern heating           ‘snagging’ time frame of up to
   system and higher levels of insulation.    two years.                                 Some examples of new build
   In fact some new build properties                                                     properties recently marketed and
   can use up to 50% less energy than         Modern homes are built to the latest       sold by JHWalter. To find out about
   older ones and this efficiency will only   safety standards using fire resistant      new developments in the pipeline call
   continue to improve with stricter          materials and linked smoke alarms,         01522 504304.

07 \\ jhwalter.co.uk/property                                                         PROPERTY | BUSINESS | PLANNING | ENERGY
Residential

Upcoming Features…
We have several new bespoke developments in
the pipeline and thought we would share with
you a sneak preview of some of those that will
be coming to market in the near future.

Folly View, Tealby
An outstanding development of four individual
high specification homes, nestling in extensive
landscaped plots of some 0.25 of an acre,
enjoying the most stunning of backdrops
and all set within this most sought after of
Wolds villages.

All of the properties will be built using
cropped and dressed Lincolnshire Limestone
and ‘Old Cottage Blend’ weather facing
brickwork, aluminium windows and doors,
choice of kitchens, luxury fitted bathrooms          Plot 1 (2,793 sq.ft.)                    Plot 3 (3,233 sq.ft.)
and en suites, carpeting, engineered oak or          5 bedroom & 4 bathroom.                  5 bedroom & 3 bathroom.
tiled flooring to hall, kitchen and family areas,
underfloor heating to ground floor, along            Plot 2 (3,000 sq.ft.)                    Plot 4 (3,000 sq,ft,)
with options for internal finishes.                  4 bedroom & 3 bathroom.                  4 bedroom & 3 bathroom.

                                                                                              Prices From £600,000.

Vicarage Lane,                                 bedrooms, master en suite and family
                                               bathroom. Externally are landscaped
                                                                                           We have further projects due to come
                                                                                           on stream shortly, although not shortly
South Clifton                                  grounds of some 0,24 of an acre along       enough to be detailed here. However
                                               with attached double garaging.              what we can tell you is they all feature
Set in the heart of this quaint, semi-         Guide Price £525,000.                       in popular villages near to Lincoln so
rural village are these two new superb                                                     if you would like further details please
bespoke dwellings, designed specifically       The Threshing Barn (3,218 sq.ft.)           do not hesitate to call one of the team
to naturally blend in with the local           Comprising a dramatic reception hall,       who can bring you up to speed with the
countryside, replicating a traditional         formal reception room, open plan dining     latest releases.
farmhouse along with a threshing               kitchen and family room, home office,
barn style home.                               utility and cloakroom to the ground
                                               floor, with four double bedrooms, two
The Farmhouse (2,215 sq.ft)                    en suite, and family bathroom to the
                                                                                                           Simon Smith
With accomodation comprising                   first floor. Outside will be landscaped                       MNAEA MARLA
reception hall, sitting room, kitchen/         grounds of some 0.45 of an acre along             Partner, Residential Property
family room, home office, utility and          with double garaging.                            e simonsmith@jhwalter.co.uk
cloakroom to the ground floor, with five       Guide Price £650,000.                                          t 01522 504354

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Residential Recent Sales
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      Sandra Crescent, Washingborough               Mill Lane, North Hykeham                 Spire Close, Lincoln
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      Cambridge Drive, Washingborough              Capito Drive, North Hykeham              Drake Street, Lincoln
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     Hospital Cottages, Bracebridge Heath            St Mary’s Avenue, Welton         St Clements Road, North Hykeham
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         Greetwell Road, Lincoln             Langworthgate - Lincoln                    Denver House - Frieston
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       Cornhills Dairy, Broxholme        Stonefield Avenue, Uphill, Lincoln              Bleak House, Navenby
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        Threshing Barn, Navenby          Low Grange Farm, Middle Rasen                   Beatrice House, Welton
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       The Manor House, Hemswell            Spring Wood Farm, Upton                Newport Farm Close, North Carlton
Residential

                                                           Rising Damp - Fact or Fable?
                                                           Owners of many properties from Victorian terraces through
                                                           Edwardian semis, to Elizabethan country homes know the
                                                           persistent nuisance of rising damp.

                                                           Wet walls up to 1.5 metres above the floor and the plaster in
                                                           some areas perished, crumbling to dust and décor ruined.
                                                           A tide mark clearly visible showing the high water mark
                                                           often accompanied by salt residue.

                                                           Damp proofing leaflets describe water rising by capillary action
                                                           and promoting the benefits of injecting silicon solution into the
                                                           bricks to form a waterproof barrier. Work includes removal of
                                                           the plaster and replacement with cement based render to make
                                                           the new plaster more waterproof and resistant to salts from
                                                           the bricks.

                                                           So why is rising damp a topic for debate in surveying journals?
                                                           Even former RICS Construction Chief, Simon Bonniforce has
                                                           said that “true rising damp is a myth and chemical injection
                                                           damp proof courses are a waste of money”.

                                                           A brick wall, being an open structured material will not
                                                           readily cause capillary action. Older lime mortar joints in
                                                           brickwork allows rapid evaporation to the outer wall surface,
                                                           which would break the capillary close to the ground.
                                                           Cement mortar joints are water resistant and often act
                                                           as a damp proof course themselves.

                                                           If the damp is not rising from the
                                                           ground, where is it coming from?
                                                           Actually, the most common causes of damp are leaks, bridging
                                                           and condensation. Leaking gutters and down pipes are obvious
                                                           candidates, while poor flashing and malfunctioning window
                                                           sills allow water to drip down the outside, settling in the
                                                           lower parts of the wall. High ground levels from drives and
                                                           flower beds, even next door’s house on sloping sites, bring
                                                           water through horizontally. The lower parts of walls are often
                                                           cold, especially in older properties. Far from being naturally
                                                           damp, it is their very dryness combined with cold, that
                                                           sucks moisture from the atmosphere. Bricks are a complex
                                                           combination of chemical compounds able to absorb moisture.
                                                           Damp air entering and leaving bricks draws out salts into
                                                           solution on the surface of walls. A heated room will attract
                                                           greater evaporation, encourage salts, which themselves attract
                                   Andrew Curtis           dampness and cause plaster to crumble.
                                 BSc (Hons) MRICS DEA
                                              Consultant
                                                           Our approach? Look for every other possibility before
                           e andrewcurtis@jhwalter.co.uk
                                         t 01522 504312
                                                           concluding the damp is rising.

11 \\ jhwalter.co.uk/property                                                PROPERTY | BUSINESS | PLANNING | ENERGY
Why are more and more
       Purchasers commissioning
       their own Home Surveys?
       In these days of extended warranties,
       for everything from cars to washing
       machines, consumers are wanting
       the peace of mind to know that if
       something goes wrong, they can have
       a repair that is covered within a
       pre-agreed, and often pre-paid cost.

       It is much the same principal with
       property. Being by far the biggest
       single investment that most people
       will make, if a defect becomes
       apparent after purchase, a buyer
       could be faced with an additional
       bill to carry out remedial works at
       a time when they can least afford it.

       The cost of a Home Survey can, at
       first glance appear high, however, if
       defects are found, the report can
       give a purchaser the opportunity to
       renegotiate the price, to account for
       at least a percentage of the cost of
       the works, based on a professional
       opinion. In most instances, savings far
       outweigh the cost of the Survey and
       at the very least enable the purchaser
       to make an informed decision on
       whether to proceed.

       Whilst the whole process of obtaining     These can range from more in-depth            Leslie-Anne Milson
       quotations for works that have been       Building Surveys, Specific Defect                                  MRICS
       highlighted in a report can seem          Reports and Condition Reports,                          Valuation Manager
       tedious and delay the buying process,     to Reports setting out repair and           e lesliemilson@jhwalter.co.uk
       at least, by doing it all ‘up front’      maintenance issues for someone                            t 01522 504306
       a purchaser is fully aware of costs       entering into a lease agreement.
       and their future liabilities. In most
       instances, savings far outweigh the       If you would like to know more
       cost of the Survey.                       about the range of Surveys that
                                                 we can provide and chat to one
       At JHWalter, we are able to               of our Surveyors, please call our
       provide the standard RICS                 Survey team on 01522 504334.
       Homebuyer Reports and Building
       Surveys but also have the experience
       and expertise to be able to provide
       more bespoke reports to suit a
       particular property and/or specific
       purchaser requirements.

12 \\ jhwalter.co.uk/property                                                        PROPERTY | BUSINESS | PLANNING | ENERGY
Commercial

         What future for the Commercial Property Market?
         The only thing we can say for           Out of town offices may be                As the prudent banker would say,
         certain is that it will change and      efficient for the commute to work,        ask yourself about the exit route.
         we cannot be sure in which              but companies needing to attract          If your tenant goes, will you find
         direction. But there are signposts      good staff, also need to think            another as good and as willing to
         out there that might help the           about the working atmosphere              pay a full rent? If the building is
         investor, or the occupier, decide       they offer their employees. The B1        surplus to requirements, will it
         how to commit their money and           office on an industrial estate or set     attract another operator? If not,
         balance the risks.                      in lovely countryside, may not be         how adaptable is the property
                                                 great for those who want to nip           to an alternative use? Will the
         The biggest continuing driver           to the shops or do pilates in their       planners allow it and are the costs
         for change is the internet. The         lunch break.                              reasonable to achieve it?
         market for industrial space is
         strong, especially warehousing and      Sustainability in all its forms           And sat over all of this is the
         distribution, to support the need       will loom large in the minds of           economy and the “B” word, Brexit.
         to get product from warehouse           future investors and occupiers.           UK plc will have to be adaptable
         to home in double quick time.           The market and the politics of            and resilient to flourish after
         Counter intuitively, the shop is an     diesel, petrol and electric cars          Brexit, whatever that looks like.
         important part of this network          is rapidly changing. The future           If your commercial property is
         with two thirds of internet sales       of commercial property will be            flexible and robust, it too will sit
         involving a visit to store at some      affected in just the same way,            on solid foundations.
         point. However, retail is constantly    as efficient companies look for
         having to reinvent itself, to stay      energy cost savings, especially as        Of course, commercial property in
         fresh and give the shopper reason       their attention is drawn to such          a prime location, which is perfectly
         to get off their sofa.                  matters by MEES.                          adapted and modernised for its
                                                                                           use and for the investor, with a
         Where town centres are                  So how should investors and               long lease to a blue chip tenant
         imaginative to attract the              occupiers hedge their bets                will always fetch good money.
         consumer, values are being                                                        Those prepared to look more
                                                 against the vagaries of an
         maintained. In a similar way,                                                     widely can do so with some
         office workers like there to be         uncertain future?                         assurance, if they have in mind
         retail and leisure facilities nearby.                                             what happens next for their
                                                                                           property in a changing world.

13 \\ jhwalter.co.uk/property                                                            PROPERTY | BUSINESS | PLANNING | ENERGY
Cliff Road, Welton
       JHWalter has been selling development land for            reinforcing services, negotiating detail of a retained
       most of its 228 years. We were pleased recently           house and an access to important farm infrastructure.
       to be asked to promote a top quality site at
       Cliff Road, Welton.                                       Saxon Springs by Linden Homes commenced
                                                                 marketing in late 2017 with a range of new homes in
       The starting point is always to visit the property and    an attractive village setting. The show home is open
       to understand the opportunity - in this case a low        and the units are selling well.
       density, high quality scheme within walking distance of
       a popular village centre. Of even greater importance      If you feel you might have some land with hope for
       is the information available - the planning permission,   development please seek expert advice from one of
       affordable housing, s106 obligations and payments,        our team.
       as well as known costs of development peculiar to
       this opportunity.

       With this level of detail, we pulled together
       advice on asking price using development
       appraisal and comparison with other sales
       we have conducted in the region. Working
       with the clients, it was concluded that a
       confident asking price was appropriate for
       a scheme expected to attract competition.
       Buyers in this market are more likely to
       engage when the asking price is reasonable
       and well calibrated. Our confidence meant
       that we set a date for offers early in
       the process.

       Particulars were produced with a link
       to the key data for buyers. Marketing
       was launched via “the usual channels”
       online, some conventional press and,
       most importantly, by direct mailing and
       contact with likely buyers.

       As expected, the property attracted good
       interest with a number of strong offers on
       the tender day.

       The best two bidders were invited to
       discuss the detail of their proposals
       before a preferred bidder was chosen.
       This allowed the sellers to understand
       who they would be working with
       through the conveyancing process.
                                                                                                     Plan courtesy of Linden Homes
       Inevitably, offers were conditional, development
       buyers demand accurate information on abnormal
       costs before exchange and grant of Reserved Matters
       prior to completion. However, we issued Head of                                           John Elliott
       Terms and continued to work with the client and                         BSc (Hons) MRICS ACIArb MNAVA
       solicitors. There was much to do to get the deal over                          Partner, Chartered Surveyor
       the line - a previously unknown cost adjustment for                           e johnelliott@jhwalter.co.uk
                                                                                                  t 01522 504303

14 \\ jhwalter.co.uk/property                                                      PROPERTY | BUSINESS | PLANNING | ENERGY
Commercial

                                 You and MEES
                                 Would you believe that we are in the
                                 11th year of EPCs? Energy Performance
                                 Certificates arrived as part of HIPs (Home
                                 Information Packs). The HIPs broke but
                                 EPCs expanded to include all domestic and
                                 commercial property with few exceptions.

                                 From 1 April 2018, a new acronym looms
                                 large in the lexicon of property owners
                                 - MEES (Minimum Energy Efficiency
                                 Standards). Actually, they have been
                                 here for two years already with residential
                                 tenants being able to require upgrades to
                                 properties with low EPCs.

                                 From 1st April this year, all domestic and
                                 non-domestic landlords must ensure that
                                 their property has an Minimum Energy
                                 Efficiency Standard or an EPC of E or
                                 better when a new lease is made
                                 (letting or lease renewal). This obligation
                                 will expand into existing let property from
                                 1 April 2020 (residential) or 1 April 2023
                                 (non-residential).

                                 There are a number of exemptions from
                                 EPCs, most notably for Listed Buildings.
                                 Other exemptions include industrial
                                 buildings that use little energy such as
                                 unheated warehouses; buildings due for
                                 redevelopment and very small buildings
                                 (less than 50m 2). Such properties can be let
                                 without an EPC at all but beware, the rules
                                 are tightly drafted and strictly interpreted.

                                 Where an EPC is required but is at F or
                                 G, there are still further exemptions from
                                 MEES. You can let a property under the
                                 “golden rule” - that improvements would
                                 not pay for themselves within 7 years,
                                 the works would devalue the property
                                 by more than 5% or you need third party
                                 consent (landlord or planners) and cannot
                                 get it. The MEES exemptions must be
                                 put on The PRS (Private Rented Sector)
                                 Exemptions Register and will be reviewed
                                 every 5 years.

                                 For further information

                                 https://www.gov.uk/government/
                                 publications/the-private-rented-property-
                                 minimum-standard-landlord-guidance-
                                 documents
                                                       John Elliott
                                     BSc (Hons) MRICS ACIArb MNAVA
                                            Partner, Chartered Surveyor
                                           e johnelliott@jhwalter.co.uk
                                                        t 01522 504303

15 \\ jhwalter.co.uk/property   PROPERTY | BUSINESS | PLANNING | ENERGY
Commercial Recent Sales

       Residential Development Opportunity                                             Residential Development Site

       For Sale - £2,500,000                                                           For Sale - £1,750,000
       Cliff Road, Welton, Lincoln                                                     6.1 acres (2.50 hectares) Moor Lane, Branston
   •   Site area 3.14 hectares (7.75 acres)                                        • Outline planning permission for 73 units
   •   Outline planning permission for 63 units                                    • Greenfield site on edge of good village
   •   Only 14% affordable housing (9 dwellings)                                   • Immediately available
   •   Greenfield site on edge of good village
                                                                         LD

                                                                                                                                                     LD
   •   Low density scheme - 21 units per hectare
                                                                     SO

                                                                                                                                                 SO
       Warehouse Storage Land & Workshops                                              Industrial, Offices & Storage

       For Sale - £1,250,000                                                           For Sale - £500,000
       Depot, Main Street,Torksey, Lincoln                                             The New Forge, Cliff Road, Leadenham
   • Site Area: 7.66 hectares (18.9 acres) | Floor Area: 1,605m2 (17,272 sq. ft)   •   Freehold with vacant possession upon completion
   • Of interest to investors and occupiers                                        •   Workshops - 10,846 sq ft (1,008 sq m)
                                                                                   •   Offices - 3,974 sq ft (369 sq m)
   • Substantial open storage site
                                                                                   •   Mezzanine Stores - 1,235 sq ft (115 sq m)
   • Modern workshop/warehouse buildings and office
                                                                         LD

                                                                                   •   Easy access to major road network                             LD
   • As a whole or in parts
                                                                     SO

                                                                                                                                                 SO
                                                                                   •   Potential for redevelopment / change of use

       Freehold Investment Opportunity                                                 Freehold Retail & Residential Investment Opportunity

       For Sale - £395,000                                                             For Sale - £165,000
       5 Cornhill, Lincoln                                                             61 & 61a West Parade, Lincoln
   • Currently let to Oxfam GB upon a 10 year FRI lease                            • Part let end of terrace mixed use property
   • Headline rent £27,850 per annum                                               • Commercial ground floor retail unit providing 55 m² (593 sq ft) NIA
   • Grade II Listed building upon busy pedestrianised thoroughfare                • Residential - self contained first floor two bedroom flat
                                                                         LD

   • Situated in the Cornhill Quarter of Lincoln                                   • Single garage to the rear (let upon a licence agreement)
                                                                                                                                                     LD
                                                                     SO

   • 186 m² (2,000 sq ft) NIA                                                      • Located in popular West End area of the city
                                                                                                                                                  SO

16 \\ jhwalter.co.uk/property                                                                           PROPERTY | BUSINESS | PLANNING | ENERGY
2017 Auction Review
    2017 was another interesting year for the County Property Auction team
   with the main challenge being a lack of stock coming to the market. Despite
     this we sold 71 lots from the 93 lots offered in 2017 which equates to a
       76% success rate and over £9,500,000 of property and land GONE!

   GONE! Under the hammer 2017! Sales highlights include:

                     March 1st                                                         May 10th
  Building Plot,       2.29 Acres,       Les Charretiers,      Methodist Chapel,    3 Aldergrove Crescent,   10 Satterley Close,
    Ingham             Hemswell        Whaplode St Catherine       Ingham                   Lincoln          Witham St Hughs

SOLD! - £97,000      SOLD! - £28,000    SOLD! - £160,000       SOLD! - £112,000       SOLD! - £97,000        SOLD! - £187,000

                      July 12th                                                    September 20th
   Appledore,        4 Dunston Road,      Mount Pleasant           Wayside,            49 Fen Road,            Village Hall,
    Wragby            Metheringham     Farmhouse, Laughton         Snellend           Washingborough          Washingborough

SOLD! - £165,000    SOLD! - £183,000    SOLD! - £280,000       SOLD! - £110,000      SOLD! - £272,000        SOLD! - £121,000

                   November 29th                                              2018 Auction Dates
 8 Church Road,         Waldene,         Methodist Chapel,
                                                               March 7th                Deadline for entries 26th Jan
  Skellingthorpe      Scawby Brook       Sturton by stow
                                                               May 9th                  Deadline for entries 29th March
                                                               July 11th                Deadline for entries June 1st
                                                               September 19th           Deadline for entries August 10th
                                                               November 28th            Deadline for entries October 12th
SOLD! - £139,000    SOLD! - £254,000    SOLD! - £152,000

                                                                If you have property or land to sell please call the auction
                                                                    team on 01522 504360 or auctions@jhwalter.co.uk
Auction

Unique Property
The County Property Auction team are fortunate to handle a wide
variety of property types and no day is ever the same. I have now been
with JHWalter for 12 years and have sold by auction everything from
a Nuclear Bunker to a piece of fresh air between two buildings with
planning for an apartment.

The auction process is ideally suited to unique properties and we
have a proven track record of achieving great prices for our auction
vendors with properties of this nature. I have chosen to feature a
particular favourite of mine from the last 12 months.

March 1st Auction 2017                                                    Lot 12 - Garages & land to the rear of 10
                                                                          Steep Hill, Lincoln
                                                                          GUIDE PRICE £100,000 | SOLD PRICE £157,000

                                                                          Set in an elevated position with breathtaking views
                                                                          across the City, this unique opportunity comprised a
                                                                          collection of 6 garages set in around 0.09 of an acre.
                                                                          The site was part let and bringing in around
                                                                          £4,740 p/a.

                                                                          It would have been very easy to sell lots 11 and 12
                                                                          together, however we felt that splitting the asset into
                                                                          two lots would realise the best result for our client.
                                                                          Indeed it did, with strong interest shown and some
                                                                          competitive bidding on the night, the two lots realised
                                                                          a combined result of £507,000, which I do not feel
                                                                          would have been achievable by a normal private
                                                                          treaty sale.

                                                                          If you have a unique property then please call the
                                                                          auction team on 01522 504360 or email
                                                                          auctions@jhwalter.co.uk and one of our highly
                                                                          experienced team will be glad to offer a free no
                                                                          obligation market appraisal.

                                                                            Minimum EPC Rating
Lot 11 - 10 Steep Hill, Lincoln
Guide Price £350,000 | SOLD PRICE £350,000
                                                                            from April 2018
                                                                            The Energy Efficiency (Private Rented Property)
Having not been to the market         It required a full scheme of
                                                                            (England and Wales) Regulations 2015 mean
for over 50 years, this really        modernisation, but comprised
                                                                            that, from April 2018, private non-domestic (and
was a unique opportunity to           six bedrooms, three reception
                                                                            domestic) landlords must ensure that properties
purchase a substantial Grade II       rooms, basement storage and
                                                                            they rent in England and Wales reach at least an
listed townhouse in a prime uphill    two bathrooms all arranged over
                                                                            EPC rating of E before granting a tenancy to new
location. Believed to date from       four floors. The site extended
                                                                            or existing tenants.
the mid-18th century with             to around 0.11 of an acre with a
later 19th century additions          landscaped tiered garden offering
                                                                            If your property will be
the property had a plethora           panoramic view across the city.
                                                                            affected by this legislation
of original features.
                                                                            and you wish to sell rather
                                                                            than complete the necessary
                                              James Mulhall                 works, then please call the
                                             BA MNAEA MNAVA                 auction team now on
                                Senior Associate, Auction Manager           01522 504360 and let us
                                  e jamesmulhall@jhwalter.co.uk             get your property GONE!
                                                  t 01522 504318

18 \\ jhwalter.co.uk/property                                                      PROPERTY | BUSINESS | PLANNING | ENERGY
Rural

The Farmland of Lincolnshire
Having worked in Lincolnshire for around 30 years, I am          Within Lincolnshire we have grade 1, grade 2, grade 3 and
struck by the thought that it is remarkable that fields I        a little grade 4 land. The grading system was introduced by
ploughed at 18, continue to produce good crops of wheat,         the government to assist with planning decisions and avoid
barley, oil seed rape, peas and beans. That soil with good       development on the most productive grade 1 and grade 2
husbandry and a little fertiliser has turned in a harvest        land. The grading was not field specific and therefore we often
without fail every year.                                         see fields which rightly should move up or down a grade.
                                                                 Soils are also classified into Soil Associations such as
Since early years of practical farming I have worked as an       Wickham, Elmton, Wisbech and Wallasea, each with its
agent, trading and valuing farms. Buying a farm with good soil   own geology, soil and site characteristics, cropping and land
gives the potential for good performance this year, next year    use capability. There are many associations mostly named
and indeed every year.                                           after locations where the soil type is prevalent.

The Fen                                                          The Wolds
Level land at, or sometimes below sea level, drained with a      A range of rolling hills up to 551 feet above sea level, run
system of dykes and pumps, fenland soils, mainly grade 2, form   south to north and up and over the river Humber into
an outer ring to the silts at Bourne, Crowland and Stickney,     Yorkshire. Main settlements are located just off the wolds at
up to Bardney in the lower Witham valley. Including silt and     Spilsby, Horncastle, Louth, Market Rasen and Brigg. The soils
clay, these soils include the organic plant remains of decayed   are varied but mainly free working, naturally draining, loam
reeds and other wetland plants. In some areas the soil is        over chalk and in places sandstone, with more bodied loams
almost black, similar to the peat bought from the local garden   in the valley bottoms. The best wold land is level with soils
centre. In other areas constant cultivation has seen the         over 9 inches deep over chalk with minimal stone and no flint.
organic matter degrade leaving behind a clay loam. The most      Much of the southern wolds are grade 3 with the best grade
organic soils produce good roots, mainly potatoes, carrots       2 and some grade 1 in the north. Combinable crops dominate
and parsnips, with the stronger land growing wheat with some     with sugar beet and potatoes on the best soils. The Wolds
sugar beet.                                                      offer the opportunity to farm in a beautiful landscape and the
                                                                 best wold farms are a rare commodity, usually drawing strong
                                                                 demand when on the market. The average farm will come
                                                                 with some challenges, which might include steep slopes, areas
                                                                 of thin flinty soil, cold north facing slopes and spring lines.

19 \\ jhwalter.co.uk/property                                                    PROPERTY | BUSINESS | PLANNING | ENERGY
The Silts                                                         The Cliff and the Heath
The silts form an area of level land, classified grade 1 and      Known to the north of Lincoln as the Cliff and to the south
grade 2, close to the coast at sea level around the Wash          as the Heath, this Limestone ridge runs from Stamford in
from Skegness in the north, south to Boston and around to         the south, northwards through Lincoln and on to Kirton
Holbeach in the south east. Deposited by the sea the silts are    in Lindsey.
deep productive soils, ranging from a bodied silty clay best
suited to growing heavy crops of wheat, to the best light free    Soils are brashy free working loams over limestone, some
working silts, capable of growing the most demanding crops of     might refer to as ‘boys land’. Much of the land is classified
cauliflower, leeks, onions and potatoes. Pure marine silt does    as grade 2 and its potential is maximised when irrigation
not clod and can carry tractors in wet conditions, without        is available. Land drainage is not needed as the limestone
damage to soil structure. Further, its capacity to hold water,    bedrock provides good natural drainage. The lightest deepest
ensures many crops can flourish without irrigation.               soils grow good potatoes but stone separation is needed.
A narrow band of the very best silt runs from Boston north        Generally cropping focuses on wheat, barley, oil seed rape,
to Wainfleet. Known as ‘The Toft’, it feels somewhat like flour   vining peas and sugar beet. The soils can be droughty without
and is capable of growing 2 crops of cauliflowers in the same     irrigation, limiting yields in a dry year, however this is
year. The majority of the vegetable silts can only manage         compensated by the land being easier to farm.
3 crops in two years,
with the third crop
being an over wintered
cauliflower.

There is a small pocket
of marine silt in the
north east of the county,
south of Grimsby
around Marshchapel and
River silt can be found
alongside the Trent
running north
from Gainsborough.

The Marsh                                                         The Sands
On the coastal plain from Skegness, north through Burgh le        There are pockets of sand throughout Lincolnshire such as
Marsh, Maltby le Marsh and up through the Saltfleets, the         at Salmonby in the Wolds, Coningsby, Market Rasen, west of
Lincolnshire Marsh is a band of silty clay soils classified as    Lincoln at Wigsley, or north of Gainsborough at Scotter.
grade 3. Until the 1940’s most of this area was permanent
pasture and highly regarded as some of the best pasture for       Sands are usually classified as grade 3 or even grade 4.
fattening cattle in the country. Cropping now focuses on          The free draining character causes droughtiness, but with
winter sown combinable crops, with pockets of potatoes            irrigation, the sands are transformed into flexible productive
and sugar beet on the lighter areas.                              land, ideal for growing the best cash crops such as potatoes,
                                                                  carrots, onions, leeks and parsnips. Provided the sand is not
                                                                  too coarse it helps crops to be lifted with little soil and gives
The Vale                                                          a good skin finish.

Lying between the Wolds and the Limestone cliff, the vale is      Lincolnshire is a premiership arable county due to the
a mix of soils though clays predominate. The clay soils are       quality of its soils. So long as we look after our soils this
best suited to winter cropping with combinable crops and in       will continue from generation to generation.
the best years can produce heavy yields. Moisture retention
reduces the number of days when conditions are suitable for
cultivation. The working window can be widened where land
has a comprehensive well maintained drainage system. The                                                 Tim Atkinson
costs of farming are further escalated by the                                                       BSc (Hons) MRICS FAAV
                                                                                        Managing Partner, Chartered Surveyor
requirement for high horsepower machines.
                                                                                               e timatkinson@jhwalter.co.uk
                                                                                                             t 01522 504313

20 \\ jhwalter.co.uk/property                                                      PROPERTY | BUSINESS | PLANNING | ENERGY
Farms and Farmland Recent Sales

   White House and Village Farms, Sturton by Stow                                  Around 198 acres of prime Lincolnshire Heath land
   & Marton Grange, Marton                                                         with a 350 tonne grain store
   739.29 ACRES (299.15 ha) or thereabouts                                         For Sale by Contractually Binding Formal Tender
   Highly commercial Lincolnshire arable land and farm buildings                   80.09 Hectares (197.90 acres) or thereabouts
   FOR SALE BY CONTRACTUALLY BINDING FORMAL TENDER                                 Mainly free working Grade 2 Limestone arable land 350 tonne grain store.
   As a whole or in 11 lots, or combinations thereof.                              An excellent arable holding close to the city of Lincoln.
                                                                          LD

                                                                                                                                                     LD
                                                                      SO

                                                                                                                                                 SO
   107 acres, Normanton Lane at Stanford on Soar                                   162.27 Acres (65.67 Ha) at Spridlington,
   For sale by contractually binding formal tender around 43.43 hectares           Near Lincoln
   (107.31 acres) of free working Grade 2 arable land.                             FOR SALE BY CONTRACTUALLY BINDING FORMAL TENDER
   Opportunity to acquire a good block of arable land close to Loughborough
   For sale as a whole.
                                                                          LD

                                                                                                                                                    LD
                                                                      SO

                                                                                                                                                 SO

   At Seggimoor Farm, Glentham, Market Rasen                                       Land at South Carr Farm, Laughton, Gainsborough
   FOR SALE BY CONTRACTUALLY BINDING FORMAL TENDER                                 102.76 acres of predominantly Grade I silt warp.
   120.82 ha (298.56 acres) or thereabouts of Grade 3                              • Ring Fenced Holding
   Lincolnshire arable land with 8 million gallon reservoir & irrigation licence
   As a whole or in 3 lots
                                                                                                                                                    LD
                                                                          LD

                                                                                                                                                 SO
                                                                      SO

21 \\ jhwalter.co.uk/property                                                                           PROPERTY | BUSINESS | PLANNING | ENERGY
“Ellie and the JHWalter team always have their eye on the ball,
 picking up many details which would’ve been overlooked had we not
      used JHWalter’s services. We found her very down to earth,
              easy to talk to and very professional indeed.
         We would recommend Ellie and her team to anybody.”

PROPERTY | BUSINESS | PLANNING | ENERGY

                                01522 504302 | jhwalter.co.uk
Business

                                                          Planning for Succession now
                                                          ... Before the rules change
                                                          If ever there was a time to take       The proposed changes are:
                                                          advice on succession under the
                                                          Agricultural Holdings Act 1986,        •   Repeal of the Commercial
                                                          it is now. Successful succession           Unit Test.
                                                          planning is not just a strict legal    •   Prevention of applicants who
                                                          interpretation of the succession           are more than 5 years older
                                                          rules, but requires detailed               than the state pension age
                                                          understanding as to how they           •   Allowing a wider list of
                                                          apply to an applicant’s                    people to apply for
                                                          particular position.
MEES - When is a house                                                                               succession, but limiting the
                                                                                                     length of the tenancy and
                                                          Whilst the current rules have              with an open market rent.
not a house … When it                                     been basically the same for over
                                                          30 years, the applicant’s specific
                                                                                                 •   Replacing the Suitability test
                                                                                                     with a Business Competence
is a tenanted farmhouse?                                  chances of success can vary year
                                                          on year. Take, for example, the        •
                                                                                                     test.
                                                                                                     Procedure to convert
The Minimum Energy Efficiency Standards are now           amount of land an applicant can            tenancy into a fixed term
in force (April 2018) requiring Landlords letting any     farm before they are ineligible.           tenancy that can be
new tenancies (including renewing) for residential or     Only a few years ago, even 300             assigned rather than have
commercial property where an Energy Performance           acres could have made the                  succession rights.
Certificate (EPC) is required, to improve the EPC         applicant ineligible whereas
above level F, unless the property is within limited      today 2,000 acres will not             What advice do you need?
exceptions. From April 2020 this will also apply to all   necessarily make an applicant
ongoing tenancies of residential properties and from      ineligible - all due to a ‘quirk’ of   As always, early planning and
April 2023 to commercial property.                        the annually produced income           assessment of the current
                                                          figures published by Parliament.       position will always give the
Where an Agricultural Farm Tenant (either under                                                  applicant the best chance of
Agricultural Holdings Act 1986 or as a Farm Business      Potential changes for                  succession - but this is not
Tenancy tenant) has sub-let farm cottages, the Farm       the succession rules                   just an application of the
Tenant is the Landlord for the purposes of MEES. As                                              legal tests. The best advice
to whether the Head Landlord then reimburses the          Anyone planning to apply for           is the combination of both
Farm Tenant for the energy efficient improvement          succession in, say, the next five      the legal tests and also, just
works will depend on the repair terms under the farm      years, should also consider the        as importantly, the practical
tenancy - and the costs incurred will no doubt be an      implications of the Tenancy            knowledge of how to present
issue when considering how the future cottage rent is     Reform Industry Group’s (TRIG)         and defend a succession
treated in the context of the whole farm rent.            recommendations to DEFRA for           application. Ultimately, the
The issue with tenanted farmhouses rented under an        the proposed Agricultural Bill         vast majority of succession
AHA or FBT tenancy is that the legal definitions of       to go before Parliament. These         applications are settled without
properties, which are caught under the MEES rules, are    recommendations include some           a Tribunal hearing, rather by
specific. These tenanted farmhouses appear to either      specific changes to the current        a very detailed presentation
                                                          succession tests. It is not certain    and analysis of the factual
•   slip through all the definitions and requirements     that all these changes will be         information which can be very
    altogether, or                                        introduced or their precise            complex - but this is what will
•   may be classified as ‘non-domestic’ which means       terms. If they are, then some          win the case. After over 20 years
    the MEES regulations do not take effect on existing   people, who may not be able            of experience and over 95%
    continuing tenancies until 2023.                      to succeed now, may be able to         success rate, the best advice
                                                          succeed in the future. However,        remains that it is never too soon
For the time being, therefore, it still remains a         there will be others for whom          to plan for succession - and take
question as to whether Head Landlords are required        it would be better to deal with        expert advice.
to carry out energy efficiency works to existing          succession sooner rather than
tenanted farmhouses.                                      later before any changes are
                                                          introduced.
For advice on all AHA and FBT landlord and tenancy
matters contact Ellie Allwood.

23 \\ jhwalter.co.uk/business                                                      PROPERTY | BUSINESS | PLANNING | ENERGY
New Rules for
                                                               Mobile Phone Masts
                                                               Anyone who has a Mobile Phone Mast
                                                               may feel that, during the last few years,
                                                               negotiations for rent increases and
                                                               other lease terms have been anything
                                                               but easy. The introduction of the long
                                                               awaited Electronic Communications
                                                               Code in December 2017, which aims
                                                               to protect and ensure the continuation
                                                               of the electronic communication
                                                               system for the benefit of us all, may
                                                               appear to make this negotiating
                                                               position even more difficult. The new
                                                               Code gives Telecom Operators more
                                                               rights and protection. One particular
                                                               area of concern for Landowners is
                                                               whether future rents will be lower, as
                                                               the new code stipulates the basis for
Honouring the Airmen -                                         the rental assessment of the said area,
                                                               will be based on a bare land value.
memorials in the fields                                        However, whilst the Code certainly
                                                               gives Telecom Operators more rights
To me, the link between         farmed the land and
                                                               and protection, its provisions are a
RAF100 and farming lies         he was one of the first
                                                               default position for when agreement
in the memorials erected        people to get to one of
                                                               cannot be reached by negotiation.
where many war planes           the planes. Realising that
                                                               The Operators have indicated that
crashed between 1939 -          no-one could be saved,
                                                               they wish to reach agreement by
45 in farmland close to         his next thought was for
                                                               negotiation rather than invoke the
the many airfields in this      his Fordson in the shed
                                                               Code and, therefore, there is potential
region. The poignancy of        nearby! A lasting memory
                                                               for the current levels of rent to
these memorials is not          for our family - and due to
                                                               continue and not significantly reduce.
just how young these            the passion and dedication
                                                               Of course, the new Code is only in its
airmen were when they           of Lady Helen Nall, who
                                                               infancy and we will see over the next
lost their lives, but how       discovered fragments of
                                                               few months how it is applied to actual
many nations served side        the planes, there are now
                                                               negotiations on new leases and
by side. This is particularly   two stones erected to
                                                               rent discussions.
brought home to me              provide a lasting memorial
by the memorial in the          on the Nall family land.
                                                               At the end of the day, whilst the
riverside fields in my home     At the dedication service,
                                                               Operator’s rights to remain on site
village of Hoveringham in       family members of the
                                                               are protected, the new Code does not
Nottinghamshire. There          lost pilots travelled from
                                                               force Landowners to let new sites. If
stands the most moving          Canada, New Zealand and
                                                               the Operators play ‘hard ball’ on rents,
and fitting tribute to two      all parts of Britain to join
                                                               they will find it very difficult to find
separate Lancaster plane        the local people to mark
                                                               new sites where Landlords are willing
crashes - both during           the occasion - and remain
                                                               to accept a low rent in return for the
a very snowy January            in contact with the village.
                                                               Operator using the site to improve
1945 - whilst trying to         These stones, at the edge
                                                               their network and have the benefit of
land at RAF Syerston. In        of a field are now seen
                                                               the financial rewards.
all, 14 young men from          by innumerable walkers,
Britain, Canada and New         cyclists, horse riders and
Zealand lost their lives        also by pilots and cadets
                                                                                                           Ellie Allwood
- with an average age of        who use the monoliths                                           BSc (Hons) LL.M FRICS FAAV
23. My family have always       as visual landmarks when                                         Partner, Chartered Surveyor
recalled one of these           flying from Syerston.                                          e ellieallwood@jhwalter.co.uk
crashes as my grandfather                                                                                    t 01522 504320

24 \\ jhwalter.co.uk/business                                                        PROPERTY | BUSINESS | PLANNING | ENERGY
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