Further changes to the law within the next 5 years
We like to keep a close understanding of the legal position
of the up and coming changes to the law, and it is widely
spoken about, that in the coming year, it will be illegal to
have or allow Japanese Knotweed, to grow on your land,
now that a ASBO can be given it is strongly felt that the next
step will be this legal move.
Present position with mortgage provides
A loan provider can ruin your hopes of buying a dream
home if it comes across the words ‘Japanese knotweed’ on
a surveyor’s report.
LEEDS BUILDING SOCIETY says it will not lend money when
knotweed is present, NATIONWIDE BUILDING SOCIETY also
baulks at lending against a home with a garden infested
with knotweed – unless you promise to sort it out.
SANTANDER is also not keen on the spreading tentacles of
knotweed. It expects you not only to call in a professional
to stamp it out before lending you money, but also to then
keep money aside to keep the garden clear of it.
Protection Policy
We have spent a great deal of time in market research, and
spoken to many land owners and private property owners.
The response to a Protection policy has been positively
received, people are looking to protected there
land/property/investment. Take out a Japanese Knotweed
Protection Policy and comprehensively protect your
property and your investment. An average garden of
(185m2) will cost a monthly premium of £2.50 inc VAT plus
a set-up fee of £10.00 inc VAT.
What can cause the condemnation to your land?
Naivety and poor education, are the most common factors
in the spread or introduction, of Japanese knotweed, it can
be brought in though the following routes:
Top soil Cuttings for a advice plant Compost
Japanese knotweed can produce seeds, but it is extremely
rare for these seeds to germinate. The most common
method of dispersal is by means of stem, crown and rhizome
(underground stem) sections.
New plants will grow from the nodes of pieces of green
stem, in soil or water. Mechanical cutters, such as flails, will
spread knotweed in this fashion. If stems are dried until
they are dark brown, they will not regrow unless the crown
(base of the stem) is still attached.
The law and Japanese Knotweed
In the UK there are three main pieces of legislation that
cover Japanese Knotweed. These are shown below:
Wildlife and Countryside Act 1981
Schedule 9, Section 14 of the Act, it is an offence to plant or otherwise
cause the species to grow in the wild.
Section 14(2) of the Wildlife and Countryside Act 1981 states that “if
any person plants or otherwise causes to grow in the wild any plant
which is included in Part 2 of Schedule 9, he shall be guilty of an
offence”. (Japanese knotweed is a Schedule 9 listed plant).
Environmental Protection Act 1990
Japanese Knotweed is classed as ‘controlled waste’ and as such must
be disposed of safely at a licensed landfill site according to the
Environmental Protection Act (Duty of Care) Regulations 1991. Soil
containing rhizome material can be regarded as contaminated and,
if taken off a site, must be disposed of at a suitably licensed landfill
site and buried to a depth of at least 5 metres.
According to the Environmental Protection Act (EPA) 1990 controlled
waste, must be disposed of at appropriately licensed landfills.
Japanese knotweed plant material and/or any knotweed
contaminated soil which you discard, intend to discard or are
required to discharge is likely to be classified as controlled waste.
Section 34 of the EPA imposes a duty of care on persons who
produce, import, dispose of, or treat controlled wastes. The
movement off site of controlled waste must be covered by a waste
transfer notes. The transfer notes must be completed and signed,
giving a written description of the waste and a waste code. This
description must be comprehensive enough to allow the receiver of
the waste to handle it in accordance with their own duty of care.
These provisions are set up in the Environmental Protection (Duty of
Care) Regulations 1991.
Section 33 of the EPA states that it is an offence to deposit, treat,
keep or dispose of controlled waste with out a licence. There are
exemptions to waste management licence's stated in the Waste
Management Licensing Regulations 1994. The Environment Agency
Code of Practice 2006 states in accordance with their Enforcement
and Prosecution Policy, failure to have a waste management licence
or permit, when dealing with the knotweed growth on site, would
not normally be prosecuted if the Agency’s Code is followed.
An offence under the Wildlife and Countryside Act can result in a
criminal prosecution. An infringement under the Environmental
Protection Act can result in enforcement action being taken by the
Environment Agency which can result in an unlimited fine. You can
also be held liable for costs incurred from the spread of Knotweed
into adjacent properties and for the disposal of infested soil off site
during development which later leads to the spread of Knotweed
onto another site.
As well as the two items of legislation outlined above, third party
litigation for damages may be sought by adjacent landowners when
Japanese knotweed is allowed to spread onto other property.
ASBO 2014
People who fail to control the growth of Britain’s most invasive and
pernicious alien plant species could be issued with anti-social
behaviour orders (ASBOs), the Home Office has said.
The Government has named Japanese knotweed as one of the
“non-native” plants which “have the ability to spread and pose
serious threats to bio diversity, the economy and human health”.
As a result, new rules have been introduced in the Anti-social
Behaviour, Crime and Policing Act 2014 that could see people and
organisations served with notices for “not controlling Japanese
knotweed [when they] could be reasonably expected to do so”.
“Failure to act” is defined specifically as a form of anti-social
“conduct”, according to a Home Office document, and individuals
could be fined up to £2,500. Companies who allow the weed to get
out of control could face a fine up to £20,000.
Flowers - Japanese knotweed can produce
seeds, but it is extremely unlikely that they
would germinate in the wild.
Stem - new plants can grow from the nodes of
pieces of green stem, in soil or water.
Machinery such as strimmers or flails will
spread it in this way.
Crown - this part is able to survive drying or
composting and will rapidly produce new
canes when it comes into contact with soil or
water.
Rhizome (underground stem) - pieces as small
as 0.7 gramme (smaller than a one pence
piece), can grow into a new plant. Breaking up
the rhizome stimulates the production of small
red buds which each grow into a new stem.
Page 27
Focus Spring 2016