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Posting for traffic. I need to speak to someone with good knowledge of Environment Agency enforcement please.

33 replies

Youaremypenguin · 10/05/2021 21:06

I need some advice about how to deal with a situation and what is going to happen when I report it.

A neighbour has damaged my property with hazardous material. I need to report it as I need help to sort it out but I'm worried about the cost. Will I get me money back and can the person who did it be prosecuted.

OP posts:
Covidisdrivingmecrazy · 10/05/2021 21:11

You need to use your house insurance.

awesomekillick · 10/05/2021 21:14

Talk to your local councillor

Scrowy · 10/05/2021 21:15

Well it depends on the situation.

Environment agency aren't going to care if your neighbour has chucked bleach over your grass. They might care if they've chucked gallons of woodwormer down your drains.

Youaremypenguin · 10/05/2021 21:15

Neither of these are an option. Its complicated.

OP posts:
Youaremypenguin · 10/05/2021 21:17

Its Japanese knotweed related. I think it's pretty serious but not sure this is why I need to find someone who knows about such things. Like hens teeth!

OP posts:
Dyrne · 10/05/2021 21:20

If there’s been an incident that has impacted the environment then report it:

www.gov.uk/report-an-environmental-incident

Environment Agency prosecutions can take years though so don’t rely on that to get restitution - as PP said, have you got house insurance or some other way of getting legal advice (work benefit etc)?

LIZS · 10/05/2021 21:22

House insurance may yet cover it. Council can advise on how to deal with JK and licensed contractors.

TakeYourFinalPosition · 10/05/2021 21:23

Does this help at all?

www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading

My knowledge of Japanese Knotweed is limited but I don’t think the EA will get involved if it’s spread from their property to yours - they get involved if it’s being allowed to spread into the wild. Is there the case too, or is it just your property?

Is it the cost of removing the knotweed that you’d like to try and recover?

Youaremypenguin · 10/05/2021 21:27

Totally outing myself here but we need help 🙈! The cost of removal is in the tens of thousands. Its knotweed soil that has been removed from neighbours garden and dumped onto land we own. Its not been done correctly, we need it fixing and we want the person who has admitted to doing it in writing to be held to account.

OP posts:
user143677433 · 10/05/2021 21:29

I would have thought your best bet would be to sue them.

Youaremypenguin · 10/05/2021 21:32

Too expensive to personally sue him. Court costs would be over the cost of removal and no guarantee of getting anything back.

OP posts:
LIZS · 10/05/2021 21:36

How much does Small Claims court go up to now? EA maybe able to take action on your behalf.

Youaremypenguin · 10/05/2021 21:41

Our best option is EA to place resolution order onto the person who has done it BUT we don't know if they do this. I would love an off the record chat with someone in the know?! Anyone?!

OP posts:
Youaremypenguin · 10/05/2021 21:41

Our best option is EA to place resolution order onto the person who has done it BUT we don't know if they do this. I would love an off the record chat with someone in the know?! Anyone?!

OP posts:
Scrowy · 10/05/2021 21:43

What avenues have you tried already?

Your local authority should be able to advise on enforcement but there are specialist solicitors that also deal with Japanese Knotweed issues.

If you own land do you not have a land agent you can speak to?

Scrowy · 10/05/2021 21:46

@Youaremypenguin

Our best option is EA to place resolution order onto the person who has done it BUT we don't know if they do this. I would love an off the record chat with someone in the know?! Anyone?!
Just ring the environment agency. They have local officers who will be able to advise you.

However the first point if call remains your local authority.

Evenstar · 10/05/2021 21:48

I know someone who works for the EA, he thinks your best course of action may be to contact the local council. If the neighbour knew that there was Japanese Knotweed in the soil they dumped then they have committed an offence. The RHS website has some good information about the plant and how to deal with it.

Youaremypenguin · 10/05/2021 21:55

He's knows exactly what he's done. He's admitted it in written to us and we have witnesses of him doing it! It's malicious! I called the police, they said it was civil. We had a survey done which only recently came back which confirms the issue. Our uncertainty is because it's private land to private land. We have to clear it up somehow. We want it solved but we don't know if we just pay ourselves or would it benefit us to get EA out?

OP posts:
mummymummymummummum · 10/05/2021 21:56

Just contact the Environment Agency and speak to them! They're not scary and are best placed to advise.

Youaremypenguin · 10/05/2021 21:57

I believe it to be a criminal act as well but that doesn't mean it can be dealt with as such. We're more worried about the impact on us. Having to pay for removal of his waste when it's into the tens of thousands makes me mad!

OP posts:
Youaremypenguin · 10/05/2021 21:58

Private land to private land is very different than when it's public land. There isn't much backing for private land owners.

OP posts:
mummymummymummummum · 10/05/2021 22:05

This webpage even has the contact details www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading#how-to-dispose-of-japanese-knotweed

The Environment Agency will prosecute if they feel it is appropriate.

TheDoctorDances · 10/05/2021 22:09

I believe it may be classed as fly tipping. How much soil is there, quantity wise?

Youaremypenguin · 10/05/2021 22:33

Approx 60+tonne. I'm not joking!

OP posts:
Dyrne · 10/05/2021 23:03

OP was it a company that dumped the soil or your neighbour themselves?

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