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Japanese knotweed Law
Learn about the legal measures that are in place regarding Japanese knotweed Laws. And to deal with Japanese knotweed in the UK. They include the Wildlife and Countryside Act 1981. Environmental Protection Act 1990. Anti-Social Behaviour. Crime and Policing Act 2014. Also, the Town and Country Planning Regulations and the Highways Act 1980, and understand the responsibilities of property owners to control and remove the invasive plants.
Grandfather Rights about pesticide use?
The principle behind Grandfather Rights is to offer legal protection for investments and practices that were legal before introducing new regulations. This means if someone has been using a particular herbicide for controlling pests or invasive plants like Japanese knotweed, and new laws are introduced that ban or restrict the use of that herbicide, the individual may be allowed to continue using it under the Grandfather Rights, despite the new regulations.
However, these rights are not automatic or indefinite. They usually require the person to demonstrate that they have consistently used the chemicals before the law changes. Furthermore, these rights are subject to specific conditions and limitations. For instance, the holder may need to comply with increased safety measures or reporting requirements or demonstrate that there are no viable alternatives available.
Grandfather Rights are particularly relevant to agriculture and land management, where sudden changes in the legality of certain chemicals can significantly impact the ability to manage crops and pests effectively. It’s important to note that the application of Grandfather Rights can vary considerably depending on the jurisdiction and the specific circumstances surrounding their use.
While it is not against the law to have Japanese knotweed on your Land
- The Wildlife and Countryside Act 1981 (as amended) makes it an offence to plant or otherwise cause to grow Japanese knotweed in the wild.
- The Environmental Protection Act 1990 (as amended) makes it a crime to deposit and dispose of the plant knowingly. Or knowingly cause or knowingly permit the deposit or disposal of controlled waste, including Japanese knotweed, in or on any land except by a waste management license.
- The Anti-Social Behaviour, Crime and Policing Act 2014 gives local authorities, including the police. The power to take action against the owners or occupiers. If the land where Japanese knotweed is causing a nuisance or causing harm to the broader community.
- The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 requires that any new advertisement, sign or notice visible from a main road must be permitted and authorised by the local planning authority.
- The Highways Act 1980 allows local authorities to remove any vegetation causing a danger or obstruction on a highway, including Japanese knotweed.
Please note
Suppose it is causing damage to a neighbouring property or causing a nuisance to the community. You can be ordered to take action to remove it and can be held liable for any cost and damage caused.
The difference between the “three-meter rule” and the “seven-meter rule.”
The difference between the “three-meter rule” and the “seven-meter rule” in the context of Japanese knotweed relates to guidelines for surveyors assessing the impact of the plant on properties.
Valuers used the “seven-meter rule” to decide whether Japanese knotweed threatened a property. However, this rule has been abolished following new guidance from the Royal Institution of Chartered Surveyors (RICS), which reflects an updated understanding of the weed. The guidance suggests that Japanese knotweed poses little to no risk of structural damage to sturdy buildings with substantial foundations and that control rather than eradication may be a more appropriate objective1.
The “three-meter rule” seems to be related to the proximity of knotweed to a property’s boundary. Suppose Japanese knotweed is within three meters of a property’s boundary. In that case, it will fall into a specific management category, which requires surveyors to flag infestations within this range on neighbouring properties. It recognises the potential problems that can result from the encroachment of knotweed from adjoining land
For the most current and detailed information, consult the latest RICS guidelines or other authoritative sources on property valuation and surveying concerning Japanese knotweed.
If you don’t follow Japanese knotweed laws 2024
You could face penalties such as fines or legal action. It’s considered an invasive species and regulated by law in many countries, including the UK. Failure to control its spread can cause harm to the environment and neighbouring properties. It’s essential to properly manage and dispose of Japanese knotweed to prevent its spread. If you need more clarification about your Japanese Knotweed legislation situation, call us.