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Japanese Knotweed is a highly invasive plant and is recognised as the most invasive species of plant in Britain today.  Japanese Knotweed originates from Asia and is a member of the Buckwheat family (Polygonaceae).  Records reveal that it was introduced into the UK by a Victorian horticulturalist in 1824 as an ornamental plant and as a source of feed for cattle.  Japanese Knotweed is now abundant throughout the whole of the UK.
 
Although the most common and notorious Japanese Knotweed it is not restricted  to one species of Knotweed, there are varients of the species which include Giant Knotweed, Dwarf Japanese Knotweed, Himalayan Knotweed, Lesser Knotweed, Russian Vine, Hedge Bindweed and Bohemica, a hybrid formed by Japanese Knotweed and Giant Knotweed
 
Japanese Knotweed is a resilient plant that, in the UK and Europe, only spreads via the movement of it’s rhizomes. The rhizome, according to The Environment Agency Guidelines, can grow to a depth of 3m or more and up to 7m away from the plant. The stem of the plant can reach 3m high and is bamboo like in appearance. The leaves are ‘heart shaped’ and a lush green colour. It produces white flowers around September and October depending on it’s geographical location.
 
Japanese Knotweed is regulated by several pieces of legislation, the main being:

  • The Wildlife and Countryside Act (as amended) 1981
  • The Environmental Protection Act 1990
  • The Environmental Protection (Duty of Care) Regulations 1991
  • Third party litigation where damages may be sought for allowing Japanese Knotweed to spread onto other properties.
This puts a duty of care on the landowner with Japanese Knotweed infestations to be proactive in the control and eradication of it. Planning permission will also generally be refused without an eradication programme in place for the infestation.
 
All parts of the plant and any soil contaminated with the rhizome are classified as controlled waste and are required legally to be removed and disposed of by a licensed waste control operator.
 
Claims may comprise of a private claim in nuisance or a private prosecution under The 1981 or 1990 Acts.  The main objective is to take legal action quickly to ensure that remedial action is taken to ensure that the incidence of Knotweed does not hinder a potential development plot or damage neighbouring land.