The Law Commission (England and Wales) is currently recommending the creation of ‘species control orders’ to allow statutory bodies, where necessary, to compel owners or occupiers of land to carry out control or eradication operations of non-native invasive species.
As part of its review of the current legislative regime, the Law Commission cited Japanese Knotweed frequently as an example of why the law requires change. If successful, this will have a significant impact on land owners where there is no legal requirement currently to treat Japanese Knotweed within your own land boundary.
AJK director Richard Newis explained: “If this new law comes to pass, regulators or adjacent land owners will be able to enforce the control/ remediation of Japanese Knotweed impacted land. If these ‘species control orders’ are ignored, it could lead to significant fines or in the worst case scenario, a jail sentence. The likelihood for these laws to come into force in England and Wales is high as recommendations of the Law Commission are rarely ignored and similar orders already exist in Scotland.”
If you think this will impact on your current strategy for managing Japanese Knotweed, call one of our advisors today on 0845 873 1466 or make contact on our enquiry page here
Provided advice on the segregation and supervision required during demolition works.
Reviewed quotes obtained by the client to remediate Japanese Knotweed for £500,000.
Instructed a full invasive species survey which identified Japanese Knotweed, Himalayan Balsam and Horsetail both on site and along the boundary of an adjacent site.
Results:
Options Appraisal identified a method of clearing the site for divestment at a cost of £100,000.
Saved the client £400,000.
Negotiations were initiated with adjacent land owner for the boundary infestations prior to the completion of land sale.
Key Services: Site Survey; Management Plan; Cost Risk Review
Actions:
Carried out a survey of a large number of industrial sites as part of a due diligence exercise for the financial restructuring of a large industrial portfolio holder.
Made recommendations on the management of the Japanese Knotweed observed as part of the financial restructuring deal.
Results:
Client obtained funding without overly onerous management requirements associated with Japanese Knotweed.
Key Services: Site Survey; Management Plan; Cost Risk Review
Actions:
Carried out Japanese Knotweed surveys at a site with a medium term ambition of undertaking a residential development.
Provided a Management Plan for reducing the spread of Japanese Knotweed at the site and reducing the off-site contamination of neighbouring properties.
Provided an overview report on the required remediation at the site to facilitate development. This detailed the associated costs to be included in the scheme’s overall budget.
Results:
Client managed their short term liability, minimised the risk and removal works were carried out within available budgets.
