The Growing Problem in British Gardens
Japanese knotweed (Fallopia japonica) is infamous as one of the UK’s most unwanted invasive species. With its incredible growth rate and ability to damage buildings and infrastructure, knotweed is a nightmare for property owners across Britain. Understanding the legislation surrounding this pest is key for anyone dealing with a knotweed infestation.
The Town & Country Planning Act 1974 is one of the key pieces of legislation property owners need to be aware of. For a comprehensive understanding of all relevant legislation, we recommend reading our complete guide to Knotweed UK Law.
Background of The Act
The Town & Country Planning Act of 1974 built on previous planning legislation to strengthen the UK’s approach to land use and development. Although this Act has been replaced by more recent legislation, including the Town and Country Planning Act 1990, many of its principles of development control remain part of planning law today.
The Act created a comprehensive system of development control, requiring planning permission for significant changes to land or buildings. It placed the onus on local planning authorities to produce development plans and make planning decisions in accordance with those plans and national policy. Crucially for knotweed problems, the Act introduced provisions that would later affect how infestations are managed in the context of development.
Japanese Knotweed and Planning Permission
When it comes to Japanese knotweed, the planning framework under the Town & Country Planning Act has some key implications. If you are planning to develop land that has knotweed, the local planning authority may impose conditions on any planning permission you are granted.
These conditions could be:
- To have a knotweed management plan in place before works start
- To provide proof of professional treatment of the knotweed
- To install containment measures to prevent spread during construction
- To submit quarterly monitoring reports during and after work
Failing to disclose the presence of knotweed when applying for planning permission can lead to enforcement action, which could include a stop notice to stop works until proper management measures are in place. In extreme cases, this could lead to prosecution, fines and project delays.
Legal Obligations for Landowners
Under the legislation derived from the Town & Country Planning Act, landowners have certain responsibilities regarding Japanese knotweed. You don’t have to remove it from your land, but you mustn’t let it spread to adjacent properties.
If knotweed on your land affects adjacent properties, you could face the following:
- Civil claims from affected neighbours
- Legal notices to control or remove
- Prosecution under the Environmental Protection Act if you dispose of contaminated soil improperly
Local authorities can also serve a Community Protection Notice to landowners to control knotweed if it’s having a detrimental effect on the quality of life of people in the area.
For Property Owners
If you find Japanese knotweed on your property, act fast for legal and minimising damage reasons:
- Record the issue – Get dated photos and notes on the extent of the problem.
- Get it identified – If you’re not sure if a plant is knotweed, get it professionally identified, as misidentification is common.
- Get a management plan – Have a PCA-accredited professional produce a knotweed management plan that meets planning requirements.
- Disclose – When selling your property, you must disclose the presence of knotweed on the TA6 property information form.
- Plan – If you’re planning development work, sort out the knotweed issues early to avoid planning problems.
- Keep a record – Keep a record of all treatment work, which will be useful for property transactions and planning applications.
How We Can Help
Professional Japanese knotweed specialists can help you with:
- Planning – We can prepare the documentation for planning conditions related to knotweed.
- Treatment – We offer insurance-backed guarantees, which are required for mortgage approval on properties affected by knotweed.
- Risk assessments – We can assess the impact of knotweed on your development plans and recommend mitigation.
- Legal protection – Working with us gives you a level of protection against claims and compliance with the legislation.
- Long-term management – We can monitor for any regrowth of knotweed and address it quickly.
Staying on the Right Side of Knotweed Law
The planning framework that arose from the Town & Country Planning Act 1974 has major implications for how Japanese knotweed must be managed, especially in property development. You need to understand these legal requirements if you’re dealing with this invasive plant.
If you’re a property owner concerned about Japanese knotweed, professional advice is priceless. Don’t risk legal problems or property damage by trying to manage knotweed yourself.
At Knotweed Services, our team of PCA-accredited experts can provide the expertise to ensure you’re fully compliant with planning requirements whilst managing the knotweed infestation. We handle everything from initial surveys and treatment to providing the documentation you need for property transactions or planning applications.
Call us today on 0800 689 4146 for a full assessment and tailored management plan that protects your property and keeps you on the right side of the law. It’s all just a phone call away.
