Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what current legislative proposals there are for the better control of Japanese knotweed.
Japanese knotweed is listed on Schedule 9 and subject to Section 14 of the Wildlife and Countryside Act 1981, which makes it an offence to plant this species in the wild or cause it to grow in the wild.
Section 215 of the Town and Country Planning Act 1990 provides local authorities with a discretionary power to require the landowner to clean up 'land adversely affecting the amenity of the neighbourhood’. Local authorities also have the power to undertake clean-up works themselves under Section 215 and to recover costs from the landowner. However, the decision whether to take action in individual cases is a matter for the local authority concerned, which will need to take into account all the local circumstances.
Since 20 October, local councils and police have the power to issue Community Protection Notices (CPNs) under the Anti-social Behaviour, Crime and Policing Act 2014. CPNs can be used against individuals or businesses who are acting unreasonably and who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. If this test is met then a written warning should be given. If this warning fails to stop the anti-social behaviour then a CPN may be issued. This will require an individual or business to stop the anti-social behaviour identified in the notice, for example to control or prevent the growth of Japanese knotweed or any other invasive species. A breach of a CPN is a criminal offence.