PROFESSIONAL JAPANESE KNOTWEED REMOVAL SPECIALIST - Japanese Knotweed Ltd - www.japaneseknotweed.co.uk - Roach Pittis
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PROFESSIONAL JAPANESE KNOTWEED REMOVAL SPECIALIST Japanese Knotweed Ltd - www.japaneseknotweed.co.uk
JAPANESE KNOTWEED Scientific Name: Fallopia japonica Maximum Stem height: 3–4 m (9.8–13.1 ft) IS AN AGGRESSIVE AND INVASIVE SPECIES OF PLANT THAT COSTS LANDOWNERS, LOCAL AUTHORITIES AND BUILDING DEVELOPERS THOUSANDS OF POUNDS EACH YEAR IN REMOVAL FEES AND PROJECT DELAYS. Since its introduction to the UK, Japanese of origin and infest other properties. Such an knotweed has caused untold millions of pounds event could lead the landowner of the original worth of damage to buildings, walls, paving, infestation to becoming subject to legal action. tarmac, concrete, drainage systems and flood You have a legal obligation not to cause defences. To ignore it, or to treat it incorrectly, can knotweed to spread from your land if it prove far more costly in the long term. occurs on your land. The longer it is allowed to establish itself, the more costly treatment can If left unchecked, or treated and/or disposed of become – especially if completion is required by a incorrectly, it can spread beyond its current site specific date. 2
COMMON PROBLEMS ASSOCIATED WITH JAPANESE KNOTWEED Damage to paving, tarmac, asphalt, driveways, car parks, etc, as shoots push through them. Rhizomes and shoots have been recorded penetrating walls, foundations, land drainage works, flood defence structures and have even been discovered growing under suspended floors, with minimal light. Knotweed and the soils containing the rhizome are classed as controlled waste under the Environmental Protection Act 1990. Density of plant growth can cause the displacement of native flora and fauna and, in urban areas, can reduce light to windows and gardens. Access to riverbanks for bank inspection and amenity use can be severely restricted by knotweed stands. In flood areas there is a high risk of spread by dead stems washing into river and stream channels. Removal of established stands can lead to soil erosion and bank instability when these areas are left exposed to the elements. Legal action may ensue from allowing knotweed to encroach into neighbouring properties. The presence of knotweed on a property can result in a loss of amenity use as well as the risk of structural damage, which Spring growth: devalues the property. red/purple coloured shoots 3
HOW DOES GROWTH TIMELINE JAPANESE KNOTWEED March WINTER GROW? February January During late autumn/winter the cane dies off and turns brittle. The crown, rhizome and root below ground remain dormant (but alive) throughout Japanese knotweed does not currently produce the winter. viable seeds in the UK, so reproduction is by December Orange-to-brown and black winter stems are vegetative regeneration of rhizome, crown or cut stem material. brittle but remain erect through winter if left undisturbed. November The rhizomes (the underground stem system of the plant from which new shoots grow) have been SUMMER recorded, in some cases, extending as far as 7 metres October Japanese knotweed stems will grow (23 feet) laterally and up to 2-3 metres (6-10 feet) to a height of 2-3 metres (6-10 feet). deep. It will often form as a semi-dense September stand of upright stems, with lush Very small fragments of rhizome (as little as 0.7 gram green foliage in the form of heart or – about the size of a fingernail) can give rise to new shovel shaped leaves up to 200mm August plants, and fresh stems produce shoots and roots long. when buried in a soil medium or floated in water. In late summer the plant will flower, July producing elongated clusters of small creamy-white flowers. June SPRING In the spring, new growth emerges as rapidly growing soft red/purple shoots reminiscent May of asparagus spears. The stems are hollow and bamboo-like and can grow as much as 2 cm per day. This new growth forms dense thickets, April known as ‘stands’. The petioles, or leaf stems, are distinctive, with leaf growth on alternate sides producing a zig-zag pattern in the stem. Japanese knotweed grows rapidly to a height of 2-3 metres (6-10 feet) in a single season. 4
IDENTIFYING JAPANESE KNOTWEED In order to identify plants you need to be able to identify some key features. This section details fundamental features of Japanese knotweed and also looks at other types of knotweed that could be encountered. LEAVES FLOWERS STEMS Lush green, heart or shovel shaped leaves up to Clusters (panicles) of small creamy white flowers. Zig-zag growth pattern, green with red spotting 200mm long. lower down. FALLOPIA X BOHEMICA FALLOPIA SACHALINENSIS (Bohemian knotweed) (Giant knotweed) LEAVES FLOWERS LEAVES FLOWERS Larger leaves similar in shape but the Small white clusters of flowers The leaves can grow to 40cm (16 in) Creamy-white flowers in dense back of the leaf will be rounded. standing upright from the stems. long and up to 27cm (11 in) wide. panicles hanging off the 4-5m high stems. 5
IDENTIFYING JAPANESE KNOTWEED This year’s growth Japanese knotweed is a species that rapidly grows to an impressive height of 2-3 metres (6-10 feet) in a single season. The extensive rhizome system allows new shoots to be produced from any part of the rooting system in the spring, with a 1m² stand of knotweed capable of New bud attached to producing as many as 238 new shoots. young rhizome Rhizomes have a dark brown ‘knotty’ appearance and are bright orange inside. Snapping a fresh rhizome can be quite reminiscent in both sound and colour of snapping a carrot. The actual roots produced by the rhizome are fine, white and threadlike. New stem growth from Elongated clusters of creamy-white flowers appear young rhizome towards the end of August and result in the production of seeds, which are currently non-viable in the UK as there is only the female form of the plant. It thrives on disturbance and is spread by both natural means and by human activity. In the past, fly-tipping and transportation of soil containing rhizome fragments have been a major cause of spread, particularly in the urban environment. Fibrous root system 6
RHIZOME Last year’s growth Japanese knotweed rhizomes snap easily like snapping a carrot. The outside is dark brown and the inside is orange/ yellow in colour. Petiole (zig-zag pattern) STEMS Main rhizome (broken shows orange colouration) Japanese knotweed has hollow green stems, with purple speckles. Upright growth with alternate stem growth per node (zig-zag growth pattern). Young rhizome 7
ODE − Click here for more information SURVEYS Visible Offsite Knotweed 0 10 m In the first instance a specialist Japanese knotweed Visible Onsite Lane survey should be instructed. This provides a formal Knotweed record of where the knotweed is and the true extent JK2 of the contaminated area JK1 Visible A convenient appointment will be made with one Steep Slope Offsite Knotweed of our experienced professional surveyors. During Lawn the survey we will assess and inspect within the 7m Risk Parapet Wall Steep Slope Zone boundaries of the property, and where possible, any 19 knotweed located within neighbouring properties rt rPo JK3 will also be assessed. Ca 21 y wa ive The survey report will include a detailed account of Dr 23 our findings, a number of photographs, a location Lawn Gate plan and confirmation of the RICS property risk category. Any visible signs of damage caused by the knotweed to the buildings, ancillary structures or 25 hard standing/paving will be noted. The survey will quantify the extent of the problem and may also 8 identify knotweed in neighbouring gardens. It will be 10 helpful in establishing the true and realistic cost of 2 the remedial works. In some cases, the survey is able to assess the source 1 2 3 of infestation and possible encroachment and may Identify Japanese Accurately record the Assessment of be used as a record for legal action. Many lenders knotweed, similar extent of infestation and neighbouring properties will want to see a survey report before confirming lending. knotweed species or associated property risk where necessary hybrids From the survey findings a quotation will be provided, offering herbicide treatment programmes and excavation options where applicable. 4 5 6 Provide CAD survey plan Provide sensible Adequately provide UK on Ordnance Survey practical remedial mortgage lenders with maps solutions the risk assessment they required 8
KNOTWEED AND THE LAW The growth of Japanese knotweed is controlled by certain parts of legislation, and there are several types of legal claims that may apply to your situation, which are detailed below. ENCROACHMENT If Japanese knotweed, including its underground rhizomes, has spread from one property to another it is called encroachment. Once encroachment or imminent encroachment has been established, it can give rise to claims under private nuisance law. As well as the law of private nuisance giving right to a claim, if it be proved that knotweed has encroached (with a before and after record) the Anti-social Behaviour, Crime and Policing Act 2014 may also be used to enforce control of knotweed. A notice can be served via the council or the police on those failing to control Japanese knotweed, which can result in fines for the individual or business if the issues are not resolved. PRIVATE NUISANCE Land/property owners must prevent allowing or causing Japanese knotweed to spread from their land onto neighbouring land, otherwise it will be deemed as an actionable private nuisance. Once encroachment or imminent encroachment is established, damage is assumed, and the affected property owners can claim for private nuisance and be compensated for both the cost of treatment and loss of amenity caused by the Japanese knotweed (Williams & Waistell v Network Rail Infrastructure Ltd [2018] EWCA Civ 1514). Therefore, although it is not an offence for Japanese knotweed to be on someone’s property, the owner of this land may find that they are liable for damages if it affects their neighbour’s ability to use and enjoy their property. MISREPRESENTATION If a property is affected by knotweed the owner will need to declare this when selling. They could be guilty of misrepresentation if they have not correctly responded to the question in the Law Society Property Information TA6 Form (3rd edition) seller’s questionnaire regarding knotweed, and they are responsible for all damage up until the point of sale. They remain liable for this historic damage even after the sale of the property. As knotweed is a `continuing nuisance`, liability for any damage caused after the sale of the property attaches itself to the buyer. PROFESSIONAL NEGLIGENCE If you are buying or have bought a house and had a survey undertaken by a professional surveyor, the surveyor owes you a duty of care to record any knotweed in the property and in the immediate vicinity. A surveyor could be liable if he has breached his duty of care by failing to spot or note the knotweed. Similarly, a solicitor owes you a duty of care when buying a property to ensure that the seller has completed a Law Society Property Information TA6 Form (seller’s questionnaire). A solicitor could be liable if he has breached his duty of failing to get a TA6 form completed. LEGAL HELP If you wish to pursue a legal claim we are happy to put you in contact with one of our reputable solicitors, most of whom work on a “no win, no fee” basis if they agree to take on a case. However, the first step would be to have a Legal Report drawn up. In addition to the survey results, the Legal Report sets out the origin and age of the knotweed, which is critical evidence in all of the above types of claims. A Legal Report costs £250 plus VAT and will usually not require a second visit after the survey to your property. 9
TREATMENT AND REMOVAL METHODS Japanese knotweed can either be treated in-situ with herbicide, or excavated. HERBICIDE TREATMENT PLAN DIG & DUMP (Treatment and Control) (Instant eradication) Herbicide application alone can ultimately render the plant unable to produce new growth (deemed An efficient, cost-effective and sustainable Our dig and dump programme provides an as eradication), but it is unlikely to remove viability treatment option. Control of the plant prevents instant, hassle free and impressive rectification from 100% of the underground rhizome system. above ground growth and spread, with is method. normally achieved within 3 years of treatment. Therefore, disturbance of ground containing The Japanese knotweed is fully excavated to herbicide treated knotweed may produce re-growth All herbicide applications are carried out by our remove all rhizome material. The excavation (even after a successful herbicide programme, which experienced and fully qualified team of licenced process is monitored by our site supervisors, has resulted in no recordable above ground growth). sprayers and can be guaranteed. who not only ensure that all the knotweed is removed (via visual identification), but that only This is an important note, especially for developers. Herbicide treatment alone will not remove soils contaminated with knotweed are removed. the rhizome from the ground and cannot be (i.e. we only excavate what is necessary. We The Environment Agency deem that any ground guaranteed to eradicate the viability (potential don’t excavate to a set lateral distance of 7m and containing dead knotweed (even after a specialist to produce new growth) from the entire rhizome depth of 3m, if it’s not needed) has declared eradication following herbicide mass. treatment or sifting), is classed as controlled All knotweed material and knotweed waste if removed from site. This is the same waste Due to this where ground containing knotweed contaminated spoil arising from these works classification given to living healthy knotweed is to be disturbed (e.g. by development) the soils is removed from site as controlled waste. This material and soils containing live knotweed. containing the knotweed rhizome will need to requires removal via registered waste carriers to a be removed by excavation. landfill site which is fully licensed to receive and Insurance Backed Guarantees are available on dispose of Japanese knotweed. There will be a completion of works. full waste tracking record on completion. 10
DIG & CAP DIG & CELL BURIAL DIG & RELOCATE (Instant eradication) (Instant eradication) (Instant eradication from source) The knotweed is accurately excavated and The Japanese knotweed is excavated, either fully, The knotweed is excavated and the arising removed, but only down to a depth required by or to a reduced level and capped. waste is relocated to another area of the site, the development or end use of the site. where it can be treated with herbicide. The excavated knotweed material is then For a development site this will often mean buried on site in a suitable location. The buried Relocation is normally carried out by loading the excavation of the knotweed to construction material is encapsulated in knotweed root knotweed in dump trucks and transporting over formation levels only. barrier (the cell) with the top of the cell residing site on a controlled haul route to a designated 2m below finished ground levels. The depth of location. The remaining knotweed contaminated 2m is a precaution against burrowing animals ground (beneath the excavation depth) will penetrating the cell and bringing out knotweed At the relocation point the knotweed is either then be capped off with a Japanese knotweed material. stockpiled, bunded, or it resides at ground level root barrier to prevent re-emergence of the via a cut and fill procedure. knotweed from underneath. If burial of knotweed is to take place without the encapsulation or root barrier, it must be done so The cut and fill procedure has the benefit of Where necessary (e.g. if the knotweed rhizome that the knotweed resides below a depth of 5m. not producing a bund or stockpile of knotweed transverses the boundary of the site, or where on site, and it provides clean back fill to the knotweed in neighbouring property is in close Where on-site burial is undertaken, it is strongly void created by the excavation of the Japanese proximity to the site boundary) the root barrier is advised that to prevent potential disturbance knotweed. returned vertically at the site boundary. and re-infestation, the burial site location is recorded, and any future owners are advised of its position. 11
OTHER INVASIVE SPECIES Plants which are non-native and have been deemed as significantly invasive have been listed in Section 14 Schedule 9 of the Wildlife and Countryside Act 1981. GIANT HOGWEED HIMALAYAN BALSAM (Heracleum mantegazzianum) (Impatiens glandulifera) The distribution of these plants is governed by legislation. The vast majority of the plants listed in the Act are aquatic weeds. Is subject to the same legal legislation as Is a non-injurious, but never the less invasive and Japanese knotweed. It is highly poisonous troublesome species, that leaves river and stream There are other plants which are native to the and can cause severe irritation, blistering and banks exposed to damaging erosion when it dies country but are also deemed as invasive. Some of dermatitis. Though not classed as a notifiable back during the winter. these like Ragwort are governed under separate weed, it is regarded as a serious threat to public legislation due to their invasive nature. health. The plant is particularly attractive to The plant grows up to 3 metres high and has children, so parents should be advised to keep a hollow bamboo-like stem, pink-red to green We list here five of the plants that regularly cause their children away from it at all costs. in colour with green vertical grooves. Because problems for our customers. of the colour and type of the stem it has Contact with the plant can lead to severe burns occasionally been mistaken by the uninitiated for that can persist as recurrent photo-dermatitis Japanese knotweed. long after exposure. Contact with the eyes can lead to temporary (or in some cases permanent) Himalayan balsam produces purplish to pale blindness. Giant hogweed can grow up to 3-5 pink flowers in mid-late summer. Each plant metres tall, with individual umbels (flat-top can produce around 2,500 seeds that literally umbrella-like flower clusters) measuring up explode from the seed pod when disturbed, to half a metre across, and individual leaves and can be propelled up to 7 metres in distance. measuring up to 2 metres across. Seeds that enter watercourses can travel over 10km before germinating in the spring. Giant hogweed can produce up to 50,000 seeds per plant (approximately 1,500 per flower head), which can be catapulted distances of up to 4 metres. Seeds can remain viable but inactive in the ground for several years. 12
COMMON RAGWORT HORSETAIL RUSSIAN VINE (Senecio jacobaea) (Equisetum arvense) (Fallopia baldschuanica) Is covered by the provisions of The Weeds Act Field Horsetail is often referred to as Mare’s tail Otherwise known as Silvervine, Fleeceflower or 1959 and The Ragwort Control Act 2003, and and is an invasive native herbaceous perennial more commonly by the name ‘Mile a Minute’. is one of the most frequent causes of plant plant (weed). Horsetail is easily recognised Fallopia japonica (Japanese knotweed) is known poisoning of livestock in Britain. It causes liver throughout the summer and autumn by its to hybridise with this vigorous climber, but the damage that can often prove fatal to horses, upright (5-60cm height) light green, fir tree like resultant seedlings rarely survive in the wild and other farm animals such as sheep and cattle, and shoots (pointed green shoots with folded needle possess none of the aggressive attributes of also hares and deer. It can also prove poisonous like leaves pointing upward around the stem). either of its parents. Russian vine is also known to people. These shoots are rough to the touch as they by the Latin names Polygonum baldschuanicum have a natural hard casing. In spring, the plant and Fallopia aubertii. Flowering is from late June to early autumn. first appears as light brown stems (20-50cm tall) Ragwort is normally a biennial (rosette - spring with fertile spore-producing cone structure at 1st year; flowering - July/August 2nd year), and the end of the stems. A single cone can produce its seeds can remain dormant in the soil for up to 100,000 spores. As a perennial, the above ground 20 years. Each plant can produce up to 150,000 growth completely dies off in the winter. seeds with a 70% germination rate. Horsetail is extremely hardy and therefore Over/under-grazing creates open patches where colonises a diverse range of sites, spreading ragwort can establish itself. Ragwort will not quickly and out-competing other plants. establish where there is a dense vigorous sward. Livestock tend to avoid eating ragwort on good The underground stem structure (called pastures, but it is advisable, as a precaution, rhizomes) is capable of exploiting gaps in hard to ensure they do not have access to plants. standing, causing damage to block-paving, When drying out, ragwort loses its bitter taste macadam roads and pavements. and becomes more palatable to livestock. It is advisable to remove all cut material from site. 13
MANAGING KNOTWEED ON DEVELOPMENT SITES On development sites Japanese knotweed is a contaminant. Japanese knotweed material and the ground containing the plant’s rhizome is classed as controlled waste if removed from site under the Environmental Protection Act 1990, Duty of Care Regulations 1991. If a developer disturbs the site without remediating It has been estimated that the discovery of Failure to act means that many knotweed the knotweed, they risk contravening the law by not Japanese knotweed on a development site can eradication projects become far more disposing of the waste at an appropriate licensed add around 10% to the total budget, due to the complicated and expensive than they need to landfill facility. cost of treatment and/or removal. To ignore it, or be. Developers should fully satisfy themselves to treat it incorrectly, can prove far more costly that their property is knotweed free before any Failing to remediate Japanese knotweed can result in the long term. However, having knotweed on works commence on site, and they should be in the plant growing through the new soft and hard your site does not automatically mean treatment aware of their Duty of Care responsibilities if landscaping of the site, or in the worst case, through will cost the earth, provided due consideration is knotweed is present. Knotweed does not go completed buildings. given to the problem prior to commencement away if you ignore it – quite the contrary, in fact. of works. We work with our clients to devise the most Above all, initial demolition or clearance appropriate and efficient remediation solution Contacting us for advice on knotweed procedures should not be carried out for a site, based on the proposals for the site. management at the early stages in under any circumstances until the site planning should be a prerequisite on any has been cleared of Japanese knotweed, development site. Following an inspection of as such procedures are likely to spread the site we review the construction plans and the knotweed, and will later prove time- evaluate the most practical and economical consuming and costly to rectify. remediation methods, which are communicated to the client in a Knotweed Management Plan. 14
WHY COMPANIES ACROSS THE UK USE JAPANESE KNOTWEED LTD We have a proven track record for eradicating Japanese knotweed for private landowners, local authorities and major building developers. We pride ourselves on having become one of the leading Japanese knotweed removal experts in the UK. As an established contractor we are affiliated members of the Property Care Association’s (PCA) Invasive Weed Control Group (IWCG). We provide a range of guaranteed, cost-effective and efficient eradication solutions to meet all requirements. Our highly knowledgeable team provides A SS O CI AT I O N a comprehensive practical service throughout the UK, and is committed to providing on-site sustainable options wherever available. Removal to landfill should always be considered a last resort. We do not supply ‘one package fits all’ remedies, instead we liaise closely with our clients to tailor a site-specific solution – often utilising several treatment techniques on a single site. The longer the period available for knotweed control, the more options can be considered – and the more significant the financial savings that can be made. People think we are Excellent Very professional and they dealt with our Japanese knotweed in a timely, practical and affordable manner. - Christopher Hill, Taylor Wimpey West London Ltd Our operations are carried out in accordance to The Wildlife and Countryside Act 1981, The Environmental Protection Act 1990, EPA (Duty of Care) Regulations 1991 and all other relevant legislation, as well as the PCA, INNSA and E.A. Code of Practice guidelines . Our works are backed by guarantee with the option of an insurance backed guarantee if required. 15
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