AuthorTopic: anyone heard about this???  (Read 2534 times)

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Offline beast5680

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anyone heard about this???
« on: April 14, 2005, 20:10:23 »
just seen this on the lro forum

Please read the bellow.
I've not long got back from a meeting on this and i'm what you might call as being a little P ed off.
DEFRA has now put through with out telling anyone a bill that will stop all forms of motorsport on farmland.
Already clubs up and down the country are canceling events as they've lost their trial sites. We've just losted two sites our selves as a club.
Things like the Nationals and the Majors may well be scrapped.

IS THIS THE WRITING ON THE WALL FOR THE FUTURE OF MOTOR SPORT?

At the end of March 2005 defra issued the following guidance to farmers
which amounts to the greatest challenge that motor sport has had to face. Because of its devastating effect on our chosen recreation every participant must be prepared to contribute towards the cost of legal action in the interest of safeguarding our sport.

“Single Payment Scheme and non-agricultural use.
EU Council Regulation 1782/03 which introduces the new Single Payment Scheme [SPS] specifies that land eligible for the scheme must be an ‘eligible hectare’ which excludes land that is used for non-agricultural purposes”.

The guidance lists non-agricultural uses which impede or are inconsistent with normal farming activities. One of the few activities listed as being inconsistent with land being considered as remaining in agricultural use is motor sport.
This is obviously extremely bad news for competitive club events that are held under the so-called 14/28 day rule contained in the General Permitted Development Order [GPDO] 1995.

The Land Access and Recreation Association [LARA] of which the ARC is a full member has sought counsel’s legal opinion regarding this guidance. Counsel’s view is that the government is wrong in making the statement that motor sport is inconsistent with land remaining in agricultural use. It seems that defra has not looked properly at what amounts to ‘agricultural activity’ and Good Agricultural and Environmental Condition [GAEC].

Counsel’s opinion is being sent to defra and to the Treasurer Solicitor. This may possibly be sufficient for defra to reconsider its guidance. If not, the next step would be for LARA to request counsel to draft a pre-action protocol letter and outline grounds for a judicial review in the high court. A pre-action protocol letter precedes the commencement of court action by seven days.

ARC Council is fully aware that clubs are currently suffering cancellations of planned events due to the SPS but unfortunately this is unavoidable until the situation is resolved as farmers are naturally concerned that they may lose out under the new payments scheme. In support of LARA’s endeavour in mounting a legal challenge to defra over the SPS, the ARC Council is considering making a substantial donation towards the cost which could amount to many thousands of pounds. It has been suggested that individual club members should also put their hands in their pockets and contribute towards legal costs - say £10 [the equivalent of about two gallons of fuel!].

This situation is unique - please ensure that as many club members as possible are made aware of this massive and sudden attack on our sport.

Clubs may wish to suggest to land owners that they should write to their local NFU office making the point that current defra guidance that motor sport is not consistent with land being considered as remaining in agricultural use is resulting in their having to tell clubs that events cannot be held on their land. This obviously means a reduction in farm diversification and resultant loss of potential income.


Tony Kempster
Countryside and Access Officer
Neal

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Offline muky-kid.

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« Reply #1 on: April 14, 2005, 20:20:13 »
:shock: This is the first ive heard of this and i hope it does not go through or L.A.R.A can resolve this issue with the help of the ARC.

QOUTE: It seems that defra has not looked properly at what amounts to ‘agricultural activity’ and Good Agricultural and Environmental Condition [GAEC].  :twisted:  :twisted: Sounds about right for them, when is this ever going to end. :evil:
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Offline Wanderer

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« Reply #2 on: April 14, 2005, 21:00:54 »
WOW!
Speechless.

This might have wider ranging effects. All caravan clubs operate with a DEFRA exemption certificate to allow them to use a farmers land with no planning permission. Will this also be caught up in the same conditions?

Ed
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Offline LOFTY

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« Reply #3 on: April 14, 2005, 22:07:27 »
Well, what do expect, the farmers get paid to do everything, from fencing to laying hedges, and best off all to over produce crops. Its not just fate that 1 year all fields are yellow with oil seed rape, thats beacause its got the highest subsidy on it, then when all fields suddenly grow maze, thats because thats highest.
Even Prince Charles estates make £100,000ss every year from subsidys, the big farmers are laughing, and on our tax.
The problem with racing is, some of the ground is set aside, ie: farmer doesnt grow a crop in some fields for a year, so the tax payer gives him money for not growing anything, so when the farmer get a wedge of cash for a sarfari around the boundry etc, hes getting paid twice.
A good friend of mine has 600 arces, and wont do anything on the estate, unless theres subsidy, set aside, or stewardship money involved.
And before anybody says i dont know what i am talking about, i have been in and around farming all my life.
Sorry but the system sucks, and you say to any farmer about imported food being cheaper, and he will go on about the cost of everything in this country makes his produce dearer, and the imports should be blocked.
Then he will say, you dont know what you are talking about, and get into his jap pickup, M class Merc, or John Deere tractor, shouting buy BRITISH.
Hell, i needed to get that of my chest. :evil:
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Offline Wanderer

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« Reply #4 on: April 14, 2005, 22:12:45 »
I doubt anyone will disagree with you there but it's us that will lose in the end. What we pay can't be anywhere near the subsidies.

:(

Ed
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Offline hobbit

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« Reply #5 on: April 15, 2005, 01:30:44 »
If this goes on, I can forsee more illegal running on lanes and private land, could lead to a slippery slope :?
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Offline Priglet

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« Reply #6 on: April 15, 2005, 08:48:12 »
Quote from: "Wanderer"
I doubt anyone will disagree with you there but it's us that will lose in the end. What we pay can't be anywhere near the subsidies.

:(

Ed


It'd certainly make for an expensive day out. As I understand it the farmer doesn't just lose the subsidy on the land you use but might lose it for the whole farm.
Phil

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Offline Manicminer

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« Reply #7 on: April 15, 2005, 08:56:34 »
With some schemes on hill farms in N. Wales the farmer himself is not allowed to take his own 4x4 on the land.
One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors.

Offline Priglet

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« Reply #8 on: April 15, 2005, 08:57:36 »
Quote from: "LOFTY"
Well, what do expect, the farmers get paid to do everything, from fencing to laying hedges, and best off all to over produce crops.


Subsidy's are gradually getting reduced and it looks like they might eventually get scrapped but currently this year's payment is based on what was paid over the last couple of years. Therefore if a farmer had beef cattle or sheep last year he's entitled to the equivalent amount of subsidy this year - even if he no longer keeps animals, guess how many people are moving out of stock?

What's it mean to the public, british food gets more expensive and we start shipping all our meat from countries like Argentina and Chile where who knows what condition it was brought up in. :evil:
Phil

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Offline Thrasher

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« Reply #9 on: April 15, 2005, 09:21:17 »
What about tractor pulling? That's a motor sport AND it's related to farming ;-)
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Offline jalopy joe

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« Reply #10 on: April 15, 2005, 10:56:13 »
Sure there was something in All Wheel Driver this month saying that the problem re motorsport has been resolved and gone away.  Will try to dig it out and elaborate later.
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Offline davidlandy

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« Reply #11 on: April 17, 2005, 09:47:57 »
does this mean an end to Whaddon as a venue?
Dave
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Offline Colin 009

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« Reply #12 on: April 17, 2005, 19:27:15 »
Nnnnnnnnnoooooooooo..................... :shock:
Cheers.
Colin,
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Offline beast5680

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« Reply #13 on: April 17, 2005, 20:46:06 »
nicked another bit off the other forum

From DEFRA's website;

GUIDANCE ISSUED ON NON-AGRICULTURAL LAND USE

Defra has today published guidance on the types of non-agricultural activities allowed during the ten month qualifying period for the Single Payment Scheme.

Announcing the launch of the Guidance Note, Minister for Food and Farming Larry Whitty said:

"The Single Payment Scheme will put farmers and other land managers at the forefront of efforts to develop thriving and sustainable rural communities. In drawing up this indicative list of activities, we have been mindful of the need to balance business diversification opportunities with the necessity to abide by the rules on eligibility of land under the scheme. We believe that this guidance strikes a good balance"

Activities allowed without restriction under the new guidance include walking, bird spotting, fishing, horse riding and school and university farm visits.

Defra will include the new guidance in a supplement to the SPS Booklet that will be sent to all farmers and growers that have previously submitted an IACS claim or have applied to receive an SPS application form.



--------------------------------------------------------------------------------

Notes for editors

1) The Guidance Note, which is available on the Defra website at www.defra.gov.uk/farm/capreform/singlepay/land/index.htm, makes clear that it is the responsibility of those using the land to ensure that whatever activity takes place, all the requirements of the cross compliance regime are met throughout the year. It does however set out an indicative list of activities, as follows:

A) Generally permitted activities

These activities should be permitted without restriction and include:


Walking*
Bird spotting
School or university nature or farm visits
Horse riding along bridleways for which no charge is made*
Bicycle riding along defined paths or bridleways for which no charge is made*
Fishing
Hedge laying competitions, local ploughing competitions or other cultivation demonstrations within the applicable GAEC rules (excluding events where trade stands are present - these would fall under category B)
Shooting (game)
Deer Stalking
Drag hunting
(* Paths or bridleways that are metalled or surfaced would in any event be considered ineligible land)

B) Activities with greater restriction

Activities in this category will be permitted up to a 28 day limit. Examples are:-

Shooting (clay)
Car boot sales
Car parking whether associated with any of the activities listed in this note or not.
Country fairs and shows
Farm auctions and sales
Equestrian activities (including horse riding generally except along recognised bridleways for which no charge is made)
Paragliding, hand-gliding, ballooning etc
Festivals and events
Scout or guide camps or similar
TV and film locations


Caravan sites (for periods of more than 28 days, the affected area should not be used to support a claim. This need not affect a whole field.)


C) Activities that are inconsistent with the land being considered as remaining in agricultural use

These include:

All motor sports (this does not include static car events)
Where the principal purpose of the land is for recreational activities, such as a golf course, other permanent sports facilities or gallops.
2) Special provisions for land used for military training:

In some cases, land will be subject to use by the Ministry of Defence for military training. This is regarded as in the national interest and will be permitted without affecting the farmer's ability to claim the Single Payment. But cross compliance conditions will still apply.

3) This is a new scheme and this is new guidance. It will, therefore, be kept under review to ensure that it is having the desired effect.

4) Further Notes:

The limits apply to the number of days on which a non agricultural use occurs, not a number of 24 hour periods to be divided over a larger number of days.
If the limits are exceeded, the affected area, rather than the whole holding or, as the case may be, whole field will be regarded as ineligible.
Particular rules apply to the use of set aside land and to the remaining coupled aid schemes and these are contained in the set aside guidance and main scheme booklets respectively.
Special consideration will be given on a case by case basis where the 28 day limit have been exceeded due to force majeure reasons.
These rules will be reviewed at the end of 2005 in the light of experience and in discussion with stakeholder representatives.
Neal

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Offline diesel_boy

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« Reply #14 on: April 17, 2005, 22:24:37 »
wat the hell is this country comeing to with all this bull 5h1t  with all those asbo's  ect  i should know i got 1 yes  igot a  asbo from some old sod who thing he knows better  it make's  want to move out of this stinkin country  i need a for 1000mile from any one so i can do way i want when i want   becuse of this asbo i cantfix MY LANDROVER in my driveway or garage  some of those stupid law  that some old farts with wig and big red dressing gowns dream up .  plus also all the people that come round my house mostly in land or range rovers or discory's ect  ahve been targeted    WHAT NEXT !!!!!!!!!!!
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Offline davidlandy

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« Reply #15 on: April 17, 2005, 22:30:48 »
the country is going crazy

when is the next bird spotting session on at Whaddon then, we need our 4x4s to get around the site to view these wonderful animals.
Dave
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Offline hobbit

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« Reply #16 on: April 17, 2005, 22:32:15 »
Paint the trucks green, we are doing evaluation on mod vehicles, seeing if the old stock can be re-instated for future military use :twisted:
Kev

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« Reply #17 on: April 18, 2005, 10:39:46 »
It appears that with the General Election looming on us that some labour government departments are completely desperate :?  What the hell is being a Farmer these day? Does he FARM, is he allowed to get on with his land and make a living from it?  Whilst out laning one week end, we noticed a lamb in great distress and called the farmer over.  Unfortunately the poor little thing died.  The Farmer was a really nice chap and getting on a bit but basically his heart wasn't in it anymore.  He'd been farming all his life as had his family before him.  Nothing but politics and paperwork to him.
Britain is fast becoming a nation of NIMBYS - a core of people who make living here a near nightmare.  1. Don't OWN a 4x4.  2. Don't drive it if you own one.  3. If you own and drive one, don't bring it into the cities.  4.  Don't drive on lanes in a 4x4.  5. Don't drive a 4x4  on fields.  6. Don't take part in 4x4 events.  DON'T, DON'T, DON'T  tell me what I can and cannot drive - where and blasted when
 :twisted:
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Offline davidlandy

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« Reply #18 on: April 18, 2005, 11:00:23 »
=D> well said

its a real worry the way this is going.
Dave
Sniff, sniff, this mud smells funny

Offline LOFTY

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« Reply #19 on: April 18, 2005, 20:02:43 »
Hers a good one, and this is true, all farmers must now inspect a field before entering it, and if there is a puddle or mass of water within a set distance form the gate, he must not drive into the field, as this would cause compaction, and scar the landscape or some such limp wristed boll@?}~s.

What you could do, is call yourself Pikey O'sha, drive where you like, park your caravan where you like, make as much mess as you like, rip of tsome old ladys for tarmacing there drives, and claim job seekers, or dole or what ever its called these days from the tax payer.

There, that should light up the forum :twisted:  :twisted:  :twisted:
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Offline Range Rover Blues

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« Reply #20 on: April 18, 2005, 23:53:50 »
Don't forget stealing dogs for illegal dog fighting and riving round with a Transit pickup full of old bathtubs and no road tax.

I notice that walking is excluded from the new ban, funny that, along with horse riding!
What are people in wheelchairs to do I wonder, it's all a load of c**p dreampt up by people trying desparately to make themselves look important.  Defra, p***up, brewery, need labeling along with a**e and elbow I think.
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Offline Nugget 4x4

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« Reply #21 on: April 21, 2005, 00:12:44 »
With the loss of farm land as Pay and Play we will inevitibly see more using the green lanes increasing damage and reinforcing the ramblers arumement therefore underminding the resposible use of the green lanes by responsible users . But we must stand united as I susspect this is part of a bigger picture , please stay resolute we must not panic
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Offline muky-kid.

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« Reply #22 on: April 21, 2005, 00:37:28 »
:evil: Does this include motorcross events as well, if it does my mate wont be happy as he has raced since he was a school boy and is very good at what he does never comes lower than 3rd and often wins this will devastate him. Racings his life...

Its because these so called idiots who dream up these stupid ideas work in the city but live in posh country houses and want the countryside all to them selfs were they want peace and quite.  :evil:

My theory is, these people or the goverment are running the countryside down to the ground so eventually therell be no farms or very phew. Therefore the goverment will bye the land up very cheap or developers and turn the Greenbelt Countryside into one large building site and tarmac over everything and build cheap houses because the citys are becomeing or will become overcrowded in the future and more land will be needed.

Pettion will be sent to D.E.F.R.A again.
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Offline bigant

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« Reply #23 on: April 21, 2005, 12:12:25 »
this is just not good at all anyone up for a demonatartion in london i'm sure summat like that was planed a couple of years ago :twisted:  but never happend :?  on the up side if it is one more pay and play sites should spring up till then you can use my farm i've got 24 acres in madely but its as flat as a pancake. :lol:
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