David Layland, joint managing director of treatment specialist Japanese Knotweed Control (JKC) offers a timely warning to landowners and developers on the perils of ignoring the latest invasive plant legislation.
A difficult and expensive burden, invasive, non-native plants have long been the scourge of housebuilders, construction companies and property developers. Japanese Knotweed, for example, is not just a prolific and resilient grower but an invasive plant which, with the power to grow through tarmac, paving stones, brickwork and cement, can cause significant damage to any construction work.
As the invasive plant treatment industry advances and matures, the impact of these plants on the ecology and infrastructure is becoming increasingly apparent. DEFRA estimates that the problem costs the UK some £1.7 billion each year, with Japanese Knotweed alone accounting for some £165 million.
The scale of this problem is why both the UK and EU governments are implementing legislation to try and stem these costs and make landowners assume greater responsibility for treating their own land. If a landowner, whether commercial or domestic, has a Japanese Knotweed infestation and does nothing about it then they are now breaking the law and liable to prosecution with potentially heavy fines. It’s therefore imperative that they keep up to date with legislation and know their responsibilities.
But staying abreast of legislative changes and taking action against invasive species counts for little if the contractor that’s then used is not also fully compliant with current guidelines. It remains the landowners’ responsibility to ensure that the hired contractor carries out the work appropriately for it is they who are open to prosecution if things do go wrong.
What can be done to mitigate the risk? When choosing a treatment specialist the golden rule is to thoroughly check a company’s industry accreditations and legislative compliance. In order to ensure that the contractor you use has the right credentials, its membership of a recognised trade body would be a good starting point.
The Invasive Non-Native Specialists Association (INNSA), for example, is an organisation that brings together some of the most powerful voices in the treatment industry, all committed to preserving their professional reputation by developing a membership that demonstrates continued competence and best practice.
Underlining this at its inaugural annual conference recently, the association launched a new INNSA Code of Practice, an important milestone in affording protection to landowners affected by invasive species.
Appropriate treatment
There are a number of recognised treatment methods for Japanese Knotweed, as well as other species such as Giant Hogweed and Himalayan Balsam, all of which have their respective merits depending on the scale and location of the infestation.
Techniques include dig and dump, on-site burial, foliar spray, leaf wipe, incineration and stem injection which involves delivering a measured dose of herbicide into the centre of the plant rather than just the surface. The reputable contractor will recommend the most appropriate, and not necessarily the most lucrative, treatment programme for each individual project.
Even when carried out by seasoned professionals, traditional treatment methods can still be costly, time-consuming, not always 100 per cent effective and potentially carry some environmental risk. In the hands of an inexperienced, under qualified operator these problems are compounded.
Insurance cover
Another minimal requirement should be some credible warranty-backed insurance cover on all work undertaken. Inadequate insurance cover continues to undermine many treatment programmes with some guarantees at best misleading and, at worst, not worth the paper they are written on.
Many treatment companies have diversified into Japanese Knotweed treatment from their traditional landscaping and weed control practices, but are still operating with the same basic insurance policy as before. This specialist work does, however, require bespoke professional indemnity cover that addresses the specific risks of knotweed and avoids any serious liabilities if a treatment programme does go wrong.
Another consideration is that the contractor should be Amenity Assured and BACCS registered, which means they have the minimum requirement to work and preferably hold ISO 9001 accreditation from the British Standards Institution.
The Amenity Assured scheme, first launched some seven years ago, involves three totally independent and separate audits being carried out annually on each contractor, including an unannounced on-site assessment, a full audit of premises, records and certification and an end of session check with clients to ensure treatments have been completed to their satisfaction.
With knotweed treatment often involving the use of heavy machinery and commercial herbicides, up to date health and safety compliance is also essential. SAFEContractor accreditation, for example, a process that involves the annual assessment of a company’s health and safety arrangements and risk management, can be another good indicator of a reliable company.
The new legislation concerning a landowner’s responsibility for knotweed treatment, and the punitive measures and fines that might ensue, means that ignoring the problem is never an option. At the same time, however, the appointment of a random treatment contractor without first thoroughly researching its credentials and track record can be just as damaging.
If you don’t insist on your ‘specialist’ being able to demonstrate most, if not all, of the memberships, accreditations and insurance cover highlighted, then you could be storing up much greater structural, financial, not to mention legal difficulties further down the line.