MORE INVASIVE WEEDS TO COME UNDER REGULATION

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Following the recent review of the EU Invasive Alien Species (IAS) Regulations, the Property Care Association (PCA) released a statement that 17 new species are being added to the list of ‘Species of Concern’ – 13 of which are plants (You can see the full list here).

This regulation contains species whose potential adverse effects across the European Union are such that concerted action across Europe is required to control them. The list is drawn up by the European Commission and managed with the Member States using risk assessments and scientific evidence. The regulation should not be confused with UK invasive alien species legislation. The GB Non-Native Species Secretariat (NNSS) has information on UK invasive alien species legislation here.

The IAS Regulation 2014 provides for three distinct types of measures to control ‘Species of concern’:

Prevention: measures aimed at preventing the introduction of IAS into the EU (e.g. restrictions on sale and supply via the horticultural trade).

Early detection and rapid eradication: Members must put in place a surveillance system designed for ‘early detection’ and take rapid eradication measures to prevent establishment.

Management: If already established, implement a management plan to prevent them spreading further and minimize the harm they cause, ecological or otherwise.

The PCA have reviewed the new plants considered “of concern” and have identified the following 3 plants, as most likely to enjoy the UK climate.

The Tree of Heaven

The Tree of Heaven (Ailanthus altissima) is already included in the PCA’s useful guide on the Practical Management of Invasive Non-Native Weeds.

Although it originates from East Asia, it arrived in the UK as a horticultural introduction in 1751. It’s prevalent in the south-east of England, especially Greater London and East Anglia. It’s mainly restricted to the urban environment where it forms thickets of inhibiting ground flora, both by shading and through the production of a toxic chemical that suppresses germination and growth of other plant species (so-called allelopathy). Roots and suckers can disrupt structures, pavements, drains and buildings, leading to it being coined “Tree of Hell”.

The Balloon Vine

The Balloon Vine (Cardiospermum grandiflorum) is a climbing shrub that is already classed as invasive in Australia, South Africa and Southern States of the USA. It was introduced around the world mainly as an ornamental plant. It escaped cultivation and became naturalised and invasive. Once established, it grows rapidly into the tops of trees, forms a thick curtain of stems, excluding light, and harbours pests and diseases. Weight contributes to canopy collapse and ecosystem destruction. C. grandiflorum is a declared noxious weed in Australia and South Africa, is reported as invasive in many other countries, and is likely to spread. This is something to look out for; there are no UK NBN records so far but one CABI record in France. It’s associated with drier climates/soils, so global warming might increase the likelihood of arrival here especially in frost-free areas.

Japanese Hop

Japanese hop (Humulus japonicus; Humulus scandens) hails from temperate-climate regions of Asia (China, Japan, Korea, Taiwan and the Russian Federation) and tropical Asia. It’s another plant already listed as invasive in North America. Like all ‘hops’ it is closely related to cannabis but unlike the common hop is absolutely no use for making beer at all (just in case you were wondering….).

Japanese hop can spread to cover large areas of open ground or low vegetation including understory shrubs and small trees. Many thousands of hop plants per acre may be produced, eventually blanketing the land and vegetation. The vines grow rapidly during the summer, climbing up and over everything in their path and can form dense mats several feet deep, blocking light to plants underneath. Hop vines also twine around shrubs and trees causing them to break or fall over. It is invasive in riparian and floodplain habitats where it displaces native vegetation prevents the emergence of new plants and kills newly planted trees installed for streamside habitat restoration. Hop can quickly cover small trees hiding them from view, preventing mowing and obstructing herbicide applications.

The government has recently confirmed that the Invasive Alien Species (Enforcement and Permitting) Order 2019 will bring EU legislation into UK law on 1 December 2019.

Lord Gardiner, the Biosecurity Minister said:

“Invasive non-native species not only challenge the survival of some of our rarest species but damage our natural ecosystems as well as costing the economy more than £1.7 billion per year.”

“The law requires management measures to be put in place and this consultation will ensure we consider the evidence on how best to manage these species of concern.”

The government say that the UK will continue to uphold international obligations and as a responsible partner nation working closely with other countries to protect our native wildlife and forestry landscapes for future generations to enjoy.

Here at Japanese Knotweed Ltd we survey, manage and control a wide range on non-native invasive species and keep track of changes to relative UK & EU law, monitoring how it may affect us and our clients.

Call us freephone 03335 777 888 or send us a message through our contact us page.

Network Rail opens the floodgates to Japanese knotweed claims

 

verdict of Network Rail’s appeal in the Waistell vs Network Rail case

 

The Japanese Knotweed encroachment case where claimants, homeowners Mr Waistell and Mr Williams, claimed against Network Rail Infrastructure Ltd in private nuisance was reinforced on 3rd July 2018, with the Court of Appeal unanimously dismissing Network Rail’s appeal.

The Court of Appeal found in favour of the two homeowners and agreed that the presence of knotweed on adjoining land constitutes an actionable nuisance if it threatens to cross the boundary, even if it hasn’t yet.

The judgment also clarified that for a nuisance claim to succeed, it was not necessary to prove physical damage to the property. The fact that Knotweed rhizomes are present on the land constitutes an interference with the amenity of the land, that is, the right to use and enjoy it .

Leading treatment firm boss said:

“Network Rail fought the original case in Cardiff County Court thinking they could win and stem the tide of claims against them. They’ve now scored two spectacular own goals and unwittingly opened the flood-gates for thousands of new claims. 

“This judgment should put all owners of land infected with knotweed on notice to take proper action to ensure their knotweed does not encroach onto or threaten other property. Those that continue to ignore the effects of their inaction and affect their neighbour’s enjoyment of their property are now fore-warned. The law is clear and substantial damages can be awarded against them.

“It is also worth pointing out that a defence in nuisance is that all reasonable measures are being taken to mitigate the nuisance. A half-hearted or cheap attempt at control is unlikely to meet the ‘reasonable measures’ test. 

“This judgment will have far-reaching implications for owners of land affected by Japanese Knotweed. It provides the legal profession with great clarity, which is likely to increase the number of merited claims and settlement of those not worth contesting. This can only be good news for those we would describe as ‘victims of encroachment’ who up to now have had to put up with bully-boy tactics, inaction and worry while their home is blighted by this invasive and damaging weed.”

 

Japanese knotweed makes its RHS Chelsea Flower Show debut!

 

Displayed from 22nd – 26th May 2018, within the Discovery Zone at the PCS’s ‘Enemy Within’ garden.

A rather beautiful plant with luscious, green heart-shaped leaves and dainty clusters of creamy-white flowers will be taking centre stage at the prestigious RHS Chelsea Flower Show this year. Among the show gardens of roses and peonies at this highlight of London’s social calendar, will be none other than Fallopia Japonica, better known as Japanese knotweed, displayed in all its summer flowering glory within the Discovery Zone at the PCA’s ‘Enemy Within’ garden.

The garden will showcase 14 invasive non-native plants which are currently thriving across the country, including buddleia, bamboo and montbretia as well as the infamous Japanese knotweed, delivering a strong message to visitors about the nature of invasive plants and the damage they can do. The exhibit will also provide insights, education and guidance about the plants, including identification, risk, pathways of spread, as well as control and preventative measures.

Profiling Japanese Knotweed and other invasive plants at such an esteemed event is a great way to raise awareness, helping people understand what to look out for and what to do if they discover Japanese Knotweed growing on or near their land. The plant grows extremely rapidly at this time of year and, depending on how much sunshine we have, it could even grow by half a metre during the show, which runs from 22nd to 26th May!

Japanese Knotweed Agency said “We are delighted to see Japanese Knotweed taking centre stage at the Chelsea Flower Show this year to help raise awareness and educate people about Knotweed. The more people are aware the more action can be taken on a country wide scale to reduce the spread and work towards total eradication of this nasty plant”.

Japanese knotweed Research Survey carried out by YouGov.

A survey on Japanese knotweed awareness amongst adults in Britain was carried out by YouGov plc in May 2017.

A research survey carried out by YouGov highlights a high awareness amongst adults in Britain of the problems associated with Japanese Knotweed. In this summary we highlight and comment on some of the key findings. The data was collated on 5-8th May 2017.

75% of adults in Britain have heard of Japanese knotweed.

In our opinion this is an astonishingly high level of awareness, and probably attributed to significant media coverage over the last 5 years. The % increases with age, rising from 39% for the 18-24 year olds to 91% for those 55+. It seems we do indeed get wiser with age!

Not surprisingly, the % also increases in badly affected areas, for example 95% of respondents in Wales had heard of Japanese knotweed.

78% of adults that had heard of Japanese knotweed would be put off buying a property affected by Japanese knotweed.

The gender split is 75% for men, 82% for women. The most common reason cited for being put off was concern that knotweed can’t always be eradicated or be removed at 65% for men and 73% for women. Are woman more risk averse? Other reasons cited were the difficulty (55%), time (57%) and expense (56%) of removing the plant.

Previous estimates have indicated that up to 5% of UK properties might be affected by Japanese knotweed.

The 5% figure interprets “properties affected” as being those where Japanese Knotweed is present on the property or on an adjoining property. This figure is supported by the YouGov research with 1% of respondents, who were aware of Japanese Knotweed, claiming to have or have had it on their current property, 3% on their previous property, and 2% on their neighbour’s property. 3% of those respondents who would be put off buying a property if it had Japanese Knotweed growing claim to have had a bad experience with Japanese knotweed in the past. It seems the problem is growing, literally.

67% of those aware of the knotweed thought that property value could be reduced by Japanese knotweed.

Over 40% thought the value would be reduced by 10-20%.

The value reduction will be dictated by many factors, such as extent, influence on adjoining properties, property type, value etc. and what can be agreed by a willing buyer and a willing seller.

In our experience the reduction in value, once a treatment programme with an insurance backed guarantee is in place, is around 15% – but such a new area and each property whether commercial or residential must be assessed and reported by a Chartered Valuer.

Only 23% of respondents aware of Japanese Knotweed were also aware of dig-out methods for removing Japanese Knotweed.  

This figure was fairly consistent across gender, age and region. Physical removal of knotweed rhizome is considered more effective than herbicide treatment in the commercial sector.

The low awareness amongst respondents is attributed to the vast number of knotweed companies offering low cost herbicide treatment only solutions.

As the effectiveness of these treatments comes under further scrutiny we expect to see the number of dig-outs increase, following the trend in the commercial sector. It makes good sense to us that excavation and treatment is a double hit against the invasive plant to give the home or property or land owner the most effective route to get rid of the nasty plant.

All figures, unless otherwise stated, are from YouGov Plc.  Total sample size was 2,102 adults. Fieldwork was undertaken between 5th – 8th May 2017.  The survey was carried out online. The figures have been weighted and are representative of all GB adults (aged 18+).