Wasteland could breed trouble

Jun 24 2008 by Stephen Winn, The Journal

IT is estimated that removing Japanese knotweed from the London Olympics sites will cost several million pounds. Japanese knotweed is classified as an alien species. Control and eradication of non-native species of plants and animals in the wild costs the British economy £2bn annually.

This figure is expected to increase because of climate change and growth in world trade. Not only does it cost in monetary terms, but the invasion of non-native species is seen as the second-biggest threat to wildlife, behind habitat destruction.

The Department for the Environment, Food and Rural Affairs (Defra) has opened consultation to extend controls of non-native species in the Wildlife and Countryside Act 1981 (WCA). Section 9 lists non-native species established in the wild in Britain, including Japanese knotweed and the grey squirrel.

It is proposed to add 74 species of plants and animals that are more prevalent, including the rhododendron, which costs Snowdonia National Park £45m to control, and the New Zealand pygmyweed that is spreading rapidly in the New Forest. No amendments have yet been made to the WCA, but it may only be a matter of time until further additions are made to help protect Britain’s wildlife.

Under the WCA, landowners, occupiers and developers could find themselves liable under criminal law if they introduce alien plants or animals or let them spread from their land. They could also face significant costs in treating or disposing of them.

Under Section 14 of the WCA it is an offence to introduce into the wild, grow, or cause to grow, any species listed in Schedule 9. The offence is punishable with up to two years’ jail and/or an unlimited fine. There is also the possibility of civil damages claims for nuisance if a plant or animal goes on to other land.

This is an important consideration for developers and landowners reviewing costs and legal implications of managing land earmarked for development.

So, next time you are on a site visit, along with the tape measure and calculator, it may pay to take a copy of Gardeners’ World and a bottle of weedkiller.

Stephen Winn is a solicitor in the commercial develpment team at Dickinson Dees LLP