Invasive Vegetation Management & Treatment Ltd

August 2021 Newsletter

Is Demand for Potential Development Land with

Japanese Knotweed on the Increase?

Michael Alderwick    michael@i-v-m.co.uk     Tel: 07836 321219

Japanese Knotweed is an Impossible Problem No Longer

Here at IVM we are seeing an increasing demand from customers asking us if we can identify Japanese Knotweed infested land with development potential. Both small and large development companies are seeking to work with us to resolve Knotweed issues in the knowledge that they will have a recognised insurance backed guarantee to protect and ensure a smooth process of mortgage approvals for forward sales.

Japanese Knotweed - What Can't Be Seen?

We are used to hearing all about the damage Japanese Knotweed causes and we usually refer to its amazing growth characteristics, a fact that is very much self-evident to anyone who has ever had this plant on their land.

But what’s going on in the soil and how this has a crucial impact on understanding recent legal cases regarding neighbour disputes under the common law of ‘nuisance’ (Loss of Amenity), also has a major impact. The desirability/importance of contractors, their clients and their client’s neighbours embracing collective responsibility for dealing with Japanese Knotweed when it sits on or close to boundaries.

To gain a better understanding of the iceberg principle that applies to Japanese Knotweed, there is more below the surface than above it.

Japanese Knotweed has become notorious for its impact in the wild and in urban settings through nuisance impacts and damage to masonry/tarmac/concrete. ‘Notorious’ is a word we choose carefully as the press certainly like to write about it, and why not! It is a brute if a plant, growing faster and taller than any native species and with shoots and roots/rhizomes capable of growing through cracks in masonry which are almost invisible to the naked eye (in search of light).

Given the degree of alarm these features have caused in the domestic and professional property sectors it is a source of pride that we along with other PCA members have, since March 2012, been in the ‘vanguard’ of Japanese Knotweed control responses, through professional, reliable, guaranteed Knotweed management plans that when first introduced, resolved many of the complex conveyancing issues prevailing at the time and still do today.

Japanese Knotweed has evolved to rapidly colonise new sites and has radiating rhizomes (underground shoots) network which can spread several metres away from the edge of a stand of Knotweed canes. The likely soil that is impacted by rhizomes is usually called the “buffer zone” or “impacted area."

Since the publication of the Environment Agency’s Code of Practice in 2006 (still accessible even though it has been withdrawn) and the development of a formal Knotweed impact Risk Assessment framework, a buffer zone of 7 metres has been typically used as a rule-of-thumb. This was challenged in 2018 and 7 metres was found to be something more akin to a worst-case-scenario leading to a Commons Select Committee Inquiry Report and a recommendation that the 7 metre rule be reviewed and new guidance by the RICS is anticipated in the near future.

Some progress has been made towards achieving a new consensus (7 metres plus may well be uncommon but not unknown) but many companies have already responded to the above publications and implemented their own buffer zone guidance. Typically, this may be a high probability zone from 0 to 3 metres from the edge of the stand and a low probability zone from 3 metres to 7 metres. This seems a good compromise; continuing to provide guidance within the existing framework for lenders/valuation surveyors whilst providing the client with an appreciation of the most likely extent of rhizome extension (particularly useful if they are contemplating an excavation programme where costs may vary closely in relation to the volume of soil to be removed or processed).

But including a 3 metre buffer zone also has another use in plans/drawings. The new TA6 Home Information form used by the Law Society for conveyancing purposes now asks the home owner to state if Japanese Knotweed is affecting the property and/or the adjoining land within 3 metres.

It is stating the obvious to some extent, but indicating buffer zones gives us the opportunity to explain to the client that Japanese Knotweed is like an iceberg and the bit we can see above ground level may only represent 20% or so of the total biomass of the plant. Given that each tiny fragment of the rhizome network can lead to a new plant growing elsewhere, the client needs to be made aware that the area of Japanese Knotweed they can see is only a small part of the overall picture.

What are the Practical Implications?

The Treatment Area of a Japanese Knotweed Management Plan. When taking into account the buffer zone the extent to which a residential garden may have to be segregated can be considerable. This is something that needs to be discussed with the client so they fully appreciate the co-operation required to ensure that any Japanese Knotweed shoots emerging within the buffer zone are not disturbed and the area remains free from other vegetation to facilitate detection.

Boundaries and Neighbours. It is always desirable to engage through your client with neighbours where Japanese Knotweed is straddling or growing close to fences etc. If this can be achieved amicably then the Management Plan can proceed normally albeit with some logistical complications. But it sees quite common to find that a neighbour may not co-operate even when not required to contribute to costs. Clearly this represents a major restriction to you and your client and this must be addressed.

Discuss the use of a vertical root barrier membrane and/or complete excavate which for small stands of Japanese Knotweed can sometimes be achieved with mini differs plus some manual spadework. More expensive of course but perhaps the only viable alternative when neighbours are determined to be uncooperative.

Japanese Knotweed & Mortgages

Invasive Vegetation Management & Treatment Ltd (IVM) can offer a 10 year insured guarantee on any Japanese Knotweed eradication. This guarantee is as a result of direct consultation with the RICS.

Mortgage lenders will expect the presence of Japanese Knotweed to be noted on a residential valuation report. RICS red book guidance requires the valuer to indicate the presence of invasive vegetation. The RICS decided to consult with invasive weed experts and invited input from Japanese Knotweed companies throughout the UK. This resulted in a published information paper early in 2012.

To offer this insurance you have to be audited, scrutinised and prove that your business has expertise, good financial standing, are using appropriately qualified staff, first class customer service and comply with all statutory regulations. When accredited you are also automatically part of the Government endorsed Trustmark Scheme.

Now the good news! Detailed discussion with both the RICS and CML’s have convinced the insurance underwriters that companies accredited to such high standards were of minimal risk and a ten year insured guarantee would be available providing and in support of a 10 year guarantee by the contracting company. It removes one of the obstacles to obtain funding as well as assisting in future sales.

IVM ‘FAST’ System – Foliage & Stem Treatment

A cost effective solution to your invasive vegetation problem has arrived;

Invasive Vegetation Management & Treatment Limited (IVM) will produce a tailor-made program for your site, we work in with your time restraints, budget and ecological issues.

IVM’s flagship methodology, known as the IVM ‘FAST ‘ System (Foliage and Stem Treatment) guarantees treatment of Japanese Knotweed & other invasive species.

This advanced system uses the latest herbicides and application techniques to create a methodology that is cheaper and faster than its rivals.

The ‘FAST’ System uses different herbicides at different times of the year to kill different parts of the plant, in addition to the herbicides, products are applied to improve translocation rates, limit evaporation and assist the herbicide to adhere to the plant.

More information regarding IVM’s treatments, methodology’s and contact details can be found on our website.

Invasive Vegetation Management & Treatment Ltd

Central Office: 2 Stone Cross, Water Orton, Birmingham, B46 1NA

www.knotweed-uk.com
Tel: 07836 321219 or 0121 366 8916
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