To ask the Minister of Agriculture, Fisheries and Food what factors he takes into account before consenting to the short-term letting of agricultural land under section 5 of the Agricultural Holdings Act 1986; and how many consents he has granted in each year since 1986.
Consent to short-term lettings under section 5 of the Agricultural Holdings Act 1986 is granted where it would be unreasonable to expect a landlord to let land on a full agricultural tenancy. The main circumstances which would satisfy this requirement were agreed with the industry and are as follows. Within this broad framework each case is considered according to individual circumstances. The categories outlined are not definitive and applications for consent on other grounds may be considered.
(a) Land for Development
When land is likely to go out of use within five to seven years, the compensation payable by the landlord on the termination of a full agricultural tenancy could exceed the amount of rent paid. In these circumstances approval of a short-term letting would normally be justified.
(b)Reorganisation and transitional arrangements
Approval may be given for a short-term letting for up to five years:(i) if a landowner is planning the amalgamation or regrouping of the holding; or (ii) if a prospective purchaser is to work the land before completion of sale; or (iii) if a landlord wishes to make temporary arrangements pending a decision on the future use of the land, for example, if a tenant has died and the landlord wishes to make temporary arrangements before re-letting or selling: or (iv) where a landlord wishes to give a person who is not an established or experienced tenant a period of trial before concluding a full tenancy; or (v) where there is a definite intention that a landlord's son or daughter will take over a vacant holding within five years. A further application involving the same parties on the same land can only be approved if there has been a material alteration in the circumstances.
(c)Specialist cropping
Approval may be given to a short-term letting to a specialist grower for a single crop requiring "clean land" for example, potatoes, carrots, brassicas, beans, bulbs. Consent may also be given for the growing of a crop, not normally grown on the holding, to be grown as a cleaner crop. A consent will normally be for one year only unless the specialist crop requires a longer period.
(d) Allotments
If allotment land is temporarily surplus to requirements approval will normally be given to a short-term letting.
(e) Operational requirements on Government and other land
Approval may also be given to a short-term letting where some agricultural use of the land is possible and desirable but a full agricultural tenancy is ruled out by operational or training requirements which affect the use of the land. This applies particularly, but not exclusively, to land owned by the Ministry of Defence.
The number of consents granted in England under section 5 since 1986 is as follows:
Year ending 28 February
| Number
|
| 1986 | 205 |
| 1987 | 221 |
| 1988 | 287 |
| 1989 | 300 |
| 1990 | 397 |
| 1991 | 468 |