This plant can cause damage to hard surface areas, and simple structures such as walls may also be affected if the plant is growing nearby.
Legal obligations to remove Japanese Knotweed
There is no specific legislation which requires the eradication of Japanese Knotweed, but the following give some controls:
- The Wildlife and Countryside Act (1981) states it is an offence to plant or cause Japanese Knotweed to grow in the wild.
- The Environmental Protection Act (1990) states that cut Knotweed material and soil containing rhizome (root) material are classified as controlled waste and must be disposed of safely at a licensed landfill site if removed from the site of origin. It must not be placed in the green waste recycling or taken to landfill, except by a licensed waste contractor and with the knowledge of the licensed landfill site.
Third party litigation Landowners can be sued for costs or damages if they fail to prevent Japanese Knotweed from spreading to a neighbouring property. Also, failure to manage and dispose of the plant responsibly may lead to prosecution. If you are affected by Knotweed from a neighbouring property, you need to take action before it gets near your buildings.
How to dispose of Knotweed
There are two methods which can be considered:
- Excavation
This is generally not a realistic solution for domestic gardens - it is a quick, but expensive way of dealing with the problem. The soil should be completely excavated to a depth of approximately 3 metres and disposed by an approved haulier using sealed transport to a landfill site that is licensed to handle this special waste.
- Spraying with an approved herbicide
The most effective herbicides for use with Japanese Knotweed contain the active ingredient Glyphosate. This is found in a range of herbicides available to the domestic gardener. Glyphosate is effective on Japanese Knotweed even though it does not kill the plant immediately. The chemical is absorbed through the leaves and taken into the root system.
This must be used in accordance with the manufacturer's recommendations, and it is important to realise that it will also kill any other plants growing in close proximity to the Knotweed if they are also sprayed. To maximise the effect of the chemical, it is best to spray in September and early October when the plant is still growing. This increases the volume of the pesticide absorbed by the plant, which takes it into the root system as growth slows down towards the winter.
If there is too big an area for you to spray yourself, or you would prefer to use an expert company you should engage a contractor that is both PCA accredited and Amenity Assured.
Please note, even after treating the plant in this way for several years it is still possible for some of the root system to remain viable deep in the soil and for the plant to reappear within 5 years of the spraying work.
If the plant is growing in more than one property you will need to ensure that all areas are treated to prevent re-infestation from neighbouring land.
How to remove Japanese Knotweed from a garden
The stems and roots of this plant are classified as special waste, and this means that private residents cannot transport them to the Civic Amenity site or add them to the doorstep green waste collection.
You can dispose of the waste by either letting the material dry and rot down on your own land or thoroughly burning the plant material on site (it is an offence to remove the material to other land under the Environmental protection Act, 1990).
Whilst burning is an effective means of disposal, regard should be given to the size, location and timing of any fire, as smoke from premises can be a statutory nuisance under the Environmental Protection Act, 1990. Please contact the Pollution Control service on 02920 871650 for further advice on burning.
What to do if you have Japanese Knotweed encroaching from neighbouring land
You need to contact the landowner and ask them to take reasonable action to control the plant on their land, thus reducing the possibility of it spreading into your land. Start with friendly discussions, but if that goes nowhere, consult your buildings insurance company (some will act for you in such matters) or consult a solicitor.