Short Scrutiny Japanese Knotweed

Transcription

1 A Report of the: Environmental Scrutiny Committee Short Scrutiny Japanese Knotweed June 2006 County Council of The City and County of Cardiff

2 CONTENTS Foreword...3 Background...4 Key Findings... 5 Recommendations...7 What Is Japanese Knotweed?...8 Problems Caused By Japanese Knotweed...8 Relevant Legislation And Powers...9 Guidance On Dealing With Japanese Knotweed Japanese Knotweed Alliance The Role Of The Environment Agency And The Welsh Assembly Government..12 How Cardiff Council Is Dealing With Japanese Knotweed Cardiff Harbour Authority 14 Strategic Planning and Environment...15 Culture, Leisure and Parks.. 15 Examples of Good Practice..17 Swansea City Council.17 Rhondda Cynon Taf (RCT) County Borough Council Cornwall Knotweed Forum Suggested First Steps. 20 Methodology For Inquiry Legal Implications Financial Implications Environmental Scrutiny Committee Membership.. 23 Terms Of Reference. 24 2

3 FOREWORD As every gardener, good and bad, will tell you it s the weeds that are the problem not the plants. Within the City of Cardiff it could be argued that the Council is a substantial gardener with a lot of land to look after and as such, on balance, does a very good job. Britain in Bloom and other awards are a testament to that. However lurking in the undergrowth, indeed the undergrowth itself in some places, is an invasive plant, which needs attacking, preferably soon. Japanese Knotweed is in Cardiff make no mistake about it, but fortunately not yet costing us the many millions of pounds that eradication does in some other UK cities. This report points the way to how the Council might keep it under control, providing it grasps the nettle so to speak. This is not a difficult problem to solve, since as we are not the first to have to deal with it there is good practice and advice to be had from the wider community. But let it go on for much longer and the council taxpayers will be paying a heavy price for such tardiness. This could be a classic case of invest to save or put off and regret. As always with these scrutiny reports, I urge relevant members and officers to read it and act accordingly. Many thanks are due to Scrutiny Services for providing the research and support, and to the witnesses who helped inform our deliberations. I hope the report sows some seeds of action before next year s growing season. Councillor Simon Wakefield, Chairperson Environmental Scrutiny Committee June

4 BACKGROUND 1. As part of the agreed work programme for the Environmental Scrutiny Committee included a short scrutiny of Japanese Knotweed. Japanese Knotweed is an invasive, alien plant and has received high press coverage both locally and nationally. The issue was recently discussed in the House of Lords when the Government were asked about new initiatives to combat the spread of Japanese Knotweed. 2. There are a number of invasive alien plants overtaking the countryside but the conservative estimated cost from the Department of Environment, Food and Rural Affairs (Defra) for dealing with Japanese Knotweed in the UK is 1.56 billion. It is also estimated that at the current growth rate there will be 800 hectares of Japanese Knotweed in Wales by Japanese Knotweed can grow anywhere and travels along waterways and spreads across boundaries from different local authority areas suggesting the need for a cross boundary and multiagency approach. 3. Knotweed has been given particular attention by local authorities because of the cost associated with attempting to stop its spread. There is no legislation, which requires the Council to actively control Japanese Knotweed, and responsibility usually rests with landowners and tenants of the land. 4. Over the course of two meetings the Committee discussed the problem with witnesses from the Council, the Environment Agency and Cornwall County Council. Information was also received from Rhondda Cynon Taf County Council, Swansea City Council and the former Welsh Development Agency. The evidence received covered why Japanese Knotweed is a problem, methods of dealing with Japanese Knotweed, different roles and responsibilities, the impact on Council services and examples of good practice. 4

5 KEY FINDINGS Japanese Knotweed in Cardiff 5. Japanese Knotweed is an aggressive and invasive weed that is expensive to eradicate. It can damage paving, tarmac and flood defence structures as well as squeezing out native species. If left unchecked it will continue to spread and become more costly for the Council to treat, control and eradicate. 6. A number of service areas have some knowledge about the extent and location of Japanese Knotweed on Council land and in the city but this information is recorded in separate databases. There is not a comprehensive picture of the problem in Cardiff, and this militates against effective remedial action. 7. The Council does not tackle weeds strategically and resources are allocated according to health and safety issues and in response to complaints. The current treatment programme for pernicious weeds, which includes Japanese Knotweed is limited with a budget of only 15,000 per annum. This compares to 70,000 for tackling Japanese Knotweed alone in Cornwall, and around 36,000 in Rhondda Cynon Taf. 8. Priority areas for assessing the extent of the problem and for tackling Japanese Knotweed are Cardiff s riverways and highways. Cardiff s position with regard to the confluence of three rivers was identified as a major issue enabling Japanese Knotweed to spread to, and throughout, the city. 5

6 Managing the Problem 9. Good practice in tackling Japanese Knotweed already exists which can be utilised to inform how the Council tackles the problem in the city. 10. To successfully tackle Japanese Knotweed a strategic approach needs to be adopted for Council land, the City and the region. Good practice elsewhere highlights the need to co-ordinate work and information across service areas to tackle Japanese Knotweed. In addition there is a need to work with other landowners in the city and with neighbouring authorities to ensure money isn t wasted on tackling knotweed on Council land, which is adjacent to land owned by others where the knotweed is left unchecked and therefore able to spread. 11. There is a need to prioritise which areas should be mapped so that treatment in key areas can begin sooner rather than later. Delays in beginning to map and tackle Japanese Knotweed are likely to lead to greater costs to the Council, as the knotweed will continue to spread. 12. Raising awareness of the public and developers about the problems caused by Japanese Knotweed and the costs associated with tackling and disposing of the knotweed can help stop the spread of Japanese Knotweed. 6

7 RECOMMENDATIONS 13. The Executive is recommended to; R1. Allocate responsibility for developing a co-ordinated approach to tackling Japanese Knotweed to the Chief, Culture, Leisure and Parks Officer. Work should include discussions across the Council with other relevant service areas, a strategic approach for dealing with Japanese Knotweed, consideration of establishing a forum with other landowners in the city and dialogue with neighbouring local authorities. It is important that the good practice developed elsewhere should be utilised, including the successful work of the Cornwall Knotweed Forum. R2. Pool and map existing information about the location of Japanese Knotweed within the next six months. Information should then be gathered about the spread of Japanese Knotweed along riverbanks and highways to help inform a targeted approach to tackling the problem. R3. Undertake a risk assessment which takes account of the scale of the problem, the rate of spread, potential damage and the immediate cost of tackling the problem, as well as the longterm costs if the Council s approach to dealing with Japanese Knotweed does not change. R4. Appreciate that early treatment and successful control of Japanese Knotweed will require increased resources to support partnership working, mapping and treatment costs. A budget proposal for the 2007/08 budget should be developed which takes into account the extent of the problem and the results of the risk assessment. R5. Develop an awareness raising and information strategy targeted at a wide variety of audiences, including the general public, the voluntary sector, builders and developers. A single point of contact for advice and information on Japanese Knotweed should be established, preferably the Council s Contact Centre. 7

8 WHAT IS JAPANESE KNOTWEED? 14. Japanese Knotweed was brought to Britain as an ornamental garden plant in the mid-nineteenth century. However since then it has become widespread and grows in any type of soil, no matter how poor and can grow anywhere. Knotweed is spread by natural means and human activity, for example, it can be spread by high water flows dispersing fragments downstream and the transportation of soil containing rhizome fragments. It also causes serious problems by displacing native flora and out competes all other plants. 15. The stem of the plant is up to 2-3m tall and is green with red or purple specks and forms dense cane-like clumps. The leaves are green and shield/heart shaped whilst the flowers are creamy clusters borne on the tips of most stems between August and October. The roots of the plant consist of rhizomes, which are yellow when cut, and a new plant can grow from a piece of rhizome the size of a little fingernail. The crown located at the base of the stem will also produce new plants. PROBLEMS CAUSED BY JAPANESE KNOTWEED 16. The majority of non-native species have little impact on native species and can be beneficial by, for example, enriching the world s biodiversity. However, according to Defra a small fraction of such plants, and Japanese Knotweed is one example, cause major problems, including; ¹ Damage to paving, tarmac, flood defence structures and archaeological sites Reduced biodiversity through out-shading native vegetation. (Knotweed shades out native plants by producing a dense canopy of leaves. It is not toxic, but offers poor habitat to native insects, birds and mammals) ² Restricted access to riverbanks for e.g. anglers, bank inspections Reduced land values ¹ CABI Bioscience, (2006). Japanese Knotweed Alliance. Available [online] 8 ² NetRegs, (2006). Japanese Knotweed information. Available [online]

9 Increased risk of flooding through dead stems washing into the river and stream channels Increased risk of soil erosion and bank instability Accumulation of litter It is aesthetically displeasing It is difficult to control and expensive to treat RELEVANT LEGISLATION AND POWERS 17. The UK is a signatory to several international instruments that call for the prevention of entry, establishment and spread of non-native species. The legislation is ordered into three sections: Prevention of entry into the country Prevention of release into the environment Control of escaped and/or established non-natives There are two main pieces of domestic legislation relating to non-native species and Japanese Knotweed; 18. The Wildlife and Countryside Act (1981) has made it an offence to spread knotweed (in part updated and amended by the Countryside and Rights of Way Act (2000) which increases the maximum penalties for the release or cause of escape into the wild and allocates more powers to wildlife inspectors). 19. Section 54 of the Environmental Protection Act (1990) has placed a duty of care on waste producers to ensure wastes are disposed of safely. Since knotweed has been deemed to have potential to cause ecological harm, discarded plant material has been classed as controlled waste. Although there is no legislation, which requires the Council to actively control Japanese Knotweed, authorities have some relevant powers; 9

10 20. Section 215 of the Town and Country Planning Act (1990) provides local authorities with a discretionary power to require landowners to clean up land adversely affecting the amenity of the neighbourhood, which could be applicable to the control of non-native species such as Japanese Knotweed. Local authorities also have the power to undertake clean-ups themselves and recover costs from the landowner. 21. The Local Government Act (2000) introduced broad enabling powers for Local Authorities to promote economic, social and environmental well being which allows authorities to spend money on invasive non-native species if they choose to do so. ³ GUIDANCE ON DEALING WITH JAPANESE KNOTWEED 22. The Committee were advised that there are a number of options available for treatment and the majority require a number of years to be effective and their success varies considerably. Although the stems die back in the winter they take up to three years to decompose and Japanese Knotweed crowns should neither be composted nor removed from a site without a waste license. Cut stems should be burned or buried 10m deep. The landfill site at Lamby Way will handle Japanese Knotweed but needs to be given notice so that a pit can be dug to bury it. 23. Treatment options include; Spraying with Herbicides - Glyphosphate is the most effective ingredient for use on Japanese Knotweed, but it can only be carried out during the growing season. Herbicides can take years to be successful and roots below the soil may still be active. Further methods are being continuously developed. Digging and spraying - A quicker method of control is to clear the plant above ground, remove the soil contaminated with roots and ³ Department for Environment, Food and Rural Affairs, (2003). Review of Non-Native Species Policy: Report of the Working Group. 10

11 treat any re-growth with herbicide. Great care has to be taken when disposing of the waste and only licensed landfill sites that can carry out deep burial should be used. Natural biological control - Plants and insects arrive in new environments, accidentally or intentionally, without their natural enemies. Without controlling influences, plants have an unfair advantage and may become a weed. No chemicals are involved, in this method so it is a low cost, sustainable and safe. However, such methods will not eradicate the whole plant and achieving control can take between 5-10 years. Research is currently being undertaken regarding the biological control of Japanese Knotweed. JAPANESE KNOTWEED ALLIANCE 24. The Alliance was established in 1999 to highlight the problems posed by Japanese Knotweed and to promote its natural control with natural predators. According to the Alliance biological control could be viewed as a means of levelling the playing-field by re-introducing some of those natural enemies that keep it in control in its native range. 25. Biological control could work for Japanese Knotweed and the Alliance is supporting collaborative work between UK and Japanese scientists, which will be completed in 2007 and may provide a solution. The Environment Agency advised that early results are promising. There are advantages for classical biological control, which is environmentally sound, sustainable and low cost. However there are also disadvantages due to the length of time required for the effect to take place and the level of impact on the target weed is not always predictable. 11

12 THE ROLE OF THE ENVIRONMENT AGENCY AND THE WELSH ASSEMBLY GOVERNMENT (FORMER WELSH DEVELOPMENT AGENCY) 26. In Wales, the Environment Agency, the Countryside Council for Wales and Welsh Assembly Government (DEIN) are directly involved in controlling invasive species, with particular emphasis on Japanese Knotweed. The former WDA (now Welsh Assembly Government) produced a model specification for the control of Japanese Knotweed in construction and landscape contracts and a model tender document for the eradication of Japanese Knotweed. These highlight the need to consider the use of a site, its location and planned after use when determining how to deal with Japanese Knotweed, and provide detailed guidance on the selection of treatment strategies. 27. The Environment Agency leaflet Guidance for the control of invasive weeds in or near fresh water contains information on Japanese Knotweed and provides the following advice; Responsibility for dealing with invasive weeds rests with individual landowners. Strategic, widespread control is currently not the sole responsibility of any statutory organisation. The Environment Agency may seek to control specific invasive weeds on land that it owns or flood defence structures that it maintains. Control efforts by individuals can help reduce the spread of invasive non-native species and are most successful if carried out as a catchment wide co-ordinated strategy with collaboration of all relevant parties. Control is best achieved by working from the upstream end of a watercourse to reduce the chances of recolonisation. 12

13 28. Funds for treatment can be bid for from the Welsh Assembly Government under (former WDA) section 15 Environmental Improvement Grant but this funding is not generally for wholesale treatment but for priority areas where there is a high visual impact and image. Funding is available to public and private landowners and has been utilised by Swansea City Council amongst others. Follow on treatment/landscape improvement will be a consideration as part of any assistance. 29. The Welsh Assembly Government is also helping to fund research into natural control as the use of herbicides is not considered to be sustainable as a long term solution. In addition they are working with DEFRA and are part of the UK non-native species Forum, as are the Environment Agency and other partners. 30. The Environment Agency highlighted the need to raise awareness about Japanese Knotweed and for surveys to be undertaken to assess the extent of the problem. In addition they advised that development controls and enforcement are essential to prevent the spread of Japanese Knotweed. HOW CARDIFF COUNCIL IS DEALING WITH JAPANESE KNOTWEED 31. The Council does not know how much Japanese Knotweed there is in the city. Furthermore, the Council does not have a co-ordinated approach to dealing with the weed. Some of the parks areas of the city have been surveyed but there has not been a systematic survey of Council land or even all the parks land in the city. At present the Council is doing very little overall to control the problem although a limited programme of control has been developed in parks and highways locations linked to issues of risk or health and safety. 13

14 32. To assist in this scrutiny all Council service areas were asked to provide information about experience of Japanese Knotweed to help identify the impact on the Council and approaches adopted to tackle the problem. Information was received from 5 service areas and indicates that there is a growing awareness of the weed and an acknowledgement of the impact it can have on service delivery. Some service areas, for example Housing and Neighbourhood Renewal have tried to gather more information about Japanese Knotweed. Schools and Lifelong Learning are concerned about structural damage to school property and have organised inspections of school property and an action plan detailing the disposal of any Knotweed identified. 33. Three services in particular have experience of dealing with Japanese Knotweed and a map is now being produced utilising data from Culture, Leisure and Parks, Strategic Planning and Environment and Cardiff Harbour Authority to show the known locations of Japanese Knotweed in the city. Cardiff Harbour Authority 34. The Cardiff Harbour Authority has undertaken a programme to control the growth and spread of nuisance plants on areas of land under its jurisdiction around the Bay and along the Rivers Taff and Ely. The work is undertaken by the Council s weed control contractor through the Grounds Maintenance and Noxious Weed Control Service Level Agreement in place between the Cardiff Harbour Authority and Cardiff Council s Parks Services. This control programme not only targets Japanese Knotweed, but also Himalayan Balsam, and Giant Hogweed. 35. Surveys are carried out three times a year during the growing season to identify areas of land colonised by these plants. All plants located are treated with Glyphosphate. A record is made of the distribution and abundance of these plants to help monitor the effectiveness of the treatment programme. Results so far indicate that Japanese Knotweed 14

15 has decreased in the areas treated, most markedly along the River Taff. It is unlikely that Japanese Knotweed will be completely eradicated due to the potential for it to spread from adjacent untreated land outside of the Harbour Authority s control. Strategic Planning and Environment 36. The Environmental Advice Team manages the Cardiff Biological Database, which contains over 90,000 records including nearly 200 records of Japanese Knotweed. The vast majority of records are from the river valleys or brownfield former industrial sites. The Environmental Advice Team are due to undertake an ecological study of the river Ely corridor this year which will produce detailed information on the distribution of this species in the Ely valley. 37. The team provide comments on planning applications where Japanese Knotweed is known to be on site and the following standard planning condition is then applied as appropriate. Prior to the commencement of development, a detailed scheme for the treatment and disposal of soils affected by Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall accord with the advice in the publication The Eradication of Japanese Knotweed (WDA: Cardiff 1998) and Guidance for the Control of Invasive Plants Near Watercourses (Environment Agency 2001). Thereafter the development shall be carried out in accordance with the approved scheme. Reason : To ensure the safe destruction and prevention of spread of Japanese Knotweed. Culture, Leisure and Parks 38. There is a notably higher incidence of the plant along the city s three river corridors and many significant public parks are located along these corridors such as Bute Park. In 1998 a knotweed survey was undertaken and showed 41,000m² of Japanese Knotweed along the Taff 15

16 River Corridor from Cardiff Castle to Bridge Road, Llandaff North. The estimated cost to treat this area is more than 32,000 and the current budget would not support this work. In addition Japanese Knotweed has been noted as established in certain horticulturally significant parks such as Parc Cefn Onn. The decision to undertake treatment is usually dependent on whether there is a health and safety issue and whether a complaint is received. 39. The Service manages a weed control contract both for their own landholdings and on behalf of Transport, Infrastructure and Waste, Housing and Neighbourhood Renewal, and Projects, Design and Development with an approximate annual value of 300,000. A small sum, in the region of 15,000 is allocated for work, which includes the tackling of pernicious weeds such as Japanese Knotweed. This sum in insufficient to deal with Japanese Knotweed and other pernicious weeds throughout the Council s landholdings and there is not a joined up, prioritised strategy for dealing with weeds. Officers within the Parks Service also provide initial advice and guidance to other service areas and in some instances arrange work on their behalf. 40. Although the extent of the problem within parks land is not fully known there are problem thickets in Bute Park and Parc Cefn Onn. These thickets are a harbour for anti-social behaviour and are regarded as priority for control / clearance. There are also examples of land managed by the Parks service becoming unusable as a result of extensive stands of Japanese Knotweed as the growth of this weed smothers native species under its canopy by blocking out light as well as intermingling with the roots of existing trees and shrubs like a stranglehold. Two further examples of where there are problems with the weed are, firstly at Blackweir where clearance would enable replanting to take place to improve the diversity and conservation value. Secondly there are problems within cemeteries where Japanese Knotweed has taken a hold. 16

17 41. The Committee heard that in Cardiff there is no current forum or partnership that could be used to discuss and tackle Japanese Knotweed and a new one would need to be established bringing together the Environment Agency, Welsh Assembly Government, developers and large landowners. However there are parks user groups that could be used to help raise awareness. In addition a dialogue with neighbouring authorities is essential to effectively deal with the problem. EXAMPLES OF GOOD PRACTICE 42. As part of this scrutiny the Committee considered approaches developed in other areas of the UK to tackle Japanese Knotweed. Swansea City Council 43. In 1997 Swansea City Council produced a Japanese Knotweed Action Plan, which includes four aims; Promote and encourage a co-ordinated response to the control of Japanese Knotweed in the Swansea area. Identify priority areas for eradication and establish an action plan for knotweed treatment on these sites. To prevent the spread of Japanese Knotweed into areas currently unaffected. To raise awareness of the problems caused by Japanese Knotweed and provide information to enable all concerned to deal with it in a responsible and effective manner. 44. Under each of the aims there are a number of actions including the promotion and development of partnerships with other statutory and nonstatutory agencies, determining priority sites, seeking funding to assist in control, development of powers, monitoring and awareness raising. 45. According to the Japanese Knotweed Alliance, Swansea, with 100 hectares of knotweed is one of the worst affected areas in the country 17

18 and has the most experience with the costs associated with managing knotweed. The estimated cost for treating the current infestation in Swansea is around 1.5 million. Rhondda Cynon Taf (RCT) County Borough Council 46. Rhondda Cynon Taf County Borough Council adopted a method of control in 2005 and are consistently achieving a 90-95% kill with the first application of treatment and anticipate that each site will on average require three years of treatment. In 2005 they treated 37km of highway and approximately 30 hectares of land at a cost of 36,000. They are pleased with the results and the work being undertaken by their contractor. Cornwall Knotweed Forum 47. The Cornwall Knotweed Forum was formed in 1997 to co-ordinate policy on the control of Japanese Knotweed in Cornwall. The Forum comprises representatives from a wide range of organisations including the Environment Agency, National Trust, the County and District Councils of Cornwall, Railtrack, and Cornwall Wildlife Trust. The Forum has produced a number of publications and guidance notes, organised conferences and co-ordinated research projects. It has also developed a GIS survey recording system in conjunction with the Botanical Society of the British Isles. 48. The Committee heard that in Cornwall the rapid spread of the plant and the damage being caused led to action being taken. Japanese Knotweed was causing ecological damage in the area, which has a high concentration of Sites of Special Scientific Interest and Areas of Outstanding Natural Beauty. The Cornwall Knotweed Forum was established with the purpose of bringing interested parties together. 18

19 49. The Forum have developed a strategy, which sets priorities for treatment, starting with sites where there is the greatest danger of spread. Members are encouraged to tackle the priorities but there is a recognition of the limitation of both financial and physical resources. The individual needs of partners are discussed within the Forum so that issues can be addressed effectively. 50. Through the Forum the public are encouraged to report Japanese Knotweed either on line or by submitting a form and reported infestations are mapped using a Global Positioning System. As part of the work of the Forum, courses are provided to contractors who can then be recommended to customers and listed on the web site. The Forum website address is Publicity and raising awareness are an important part of the work of the Forum and information is targeted to different audiences, for example ecologists, builders or the public. Members of the Forum place notices on sites showing that something is being done, advice is provided in person, over the phone, via leaflets and the website and there is a very visible van driven by the Council s Vegetation Adviser, the knotweed mobile. The Committee were advised that the Forum have engaged in discussions with other large landholders, including Network Rail and are currently developing good practice with them that can be utilised elsewhere. The forum are also keen to celebrate success with before and after site pictures, press, radio and television. The Forum also undertakes research and demonstrates best practice and have built up a momentum by adopting the attitude that there is a solution rather than simply a problem. 52. The Committee were advised that the techniques used to deal with the knotweed must be suitable for the sites and there is no single answer but a combination of methods needs to be adopted. In Cornwall they have achieved an 85% reduction in Japanese Knotweed in the area leading to a reduction in present and future costs and raised public awareness so 19

20 that people know there is an issue and know who to approach for advice. At the moment there is a 70,000 budget within Cornwall County Council for dealing with Japanese Knotweed. 53. It is essential to quantify the problem and to start in priority areas such as transport corridors. It was also suggested that a combination of mapping key areas where spread is most likely and taking action will help create interest. Talking to neighbouring authorities, in particular those that are upstream should also be a priority. Members were advised that a good starting point is to get people with a direct interest involved. Mr Macfarlane offered to provide further advice and support to the Council to help develop an approach to tackle Japanese Knotweed. 54. It is important to start sooner than later and once a large body is committed then others soon follow. It is also important to show the financial benefit of dealing with the problem and highways are a key area to begin with. The public need to be informed about Japanese Knotweed and need to know where to get advice and should not be panicked as it is important to avoid fly-tipping. In addition there is a lot of good practice already taking place and in Cornwall they have also closely followed work in Swansea. SUGGESTED FIRST STEPS 55. In the course of the inquiry witnesses were asked for their opinion about what the Council s first steps should be. The following suggestions were made; The development of a co-ordinated approach Identification of the level of infestation A bigger budget for dealing with infestations Establishing a resource for 2-3 years 20

21 Investigation into other pernicious weeds Prioritisation of sites and mapping of Japanese Knotweed Assessment of sites where Japanese Knotweed can be eradicated and sites where re-infestation is likely Inclusion of Japanese Knotweed in the new waste management plans for development sites Raising Awareness Taking Action METHODOLOGY FOR INQUIRY 56. The Environmental Scrutiny Committee undertook the scrutiny of Japanese Knotweed in Cardiff over two meetings in the Spring The Committee heard evidence from the following witnesses. Cardiff Council Vaughan Grantham Ecologist, Strategic Planning and Environment Jon Maidment Operational Manager, Parks, Culture, Leisure and Parks Mark Tozer Horticultural Officer, Culture, Leisure and Parks Environment Agency Wales John Harrison - Environment Manager Taff Ely Andy Gibb Environment Manager Team Leader Cornwall County Council James Macfarlane Vegetation Adviser, Cornwall County Council Information was also received from Sean Hathaway, Swansea City Council Ray Edwards, Rhondda Cynon Taf County Borough Council and from Alison Evans, Welsh Assembly Government. Service areas were also contacted by the Scrutiny Research Team and asked for their views and experiences of Japanese Knotweed. 21

22 LEGAL IMPLICATIONS 57. The Scrutiny Committee is empowered to enquire, consider, review and recommend but not to make policy decisions. As the recommendations in this report are to consider and review matters there are no direct legal implications. However, legal implications may arise if and when the matters under review are implemented with or without modification. 58. All decisions taken by or on behalf of the Council must (a) be within the legal power of the Council; (b) comply with any procedural requirement imposed by law; (c) be within the powers of the body or person exercising powers on behalf of the Council; (d) be undertaken in accordance with the procedural requirements imposed by the Council e.g. standing orders and financial regulations; (e) be fully and properly informed; (f) be properly motivated; (g) be taken having regard to the Council's fiduciary duty to its taxpayers; and (h) be reasonable and proper in all the circumstances. FINANCIAL IMPLICATIONS 59. The Scrutiny Committee is empowered to enquire, consider, review and recommend but not to make policy decisions. As the recommendations in this report are to consider and review matters there are no direct financial implications at this stage in relation to any of the work programme. However, financial implications may arise if and when the matters under review are implemented with or without any modifications. 22

23 ENVIRONMENTAL SCRUTINY COMMITTEE MEMBERSHIP Councillor Simon Wakefield (Chairperson) Councillor Kathryn Lloyd Councillor Michael Michael Councillor Gavin Cox Councillor Delme Bowen Councillor Steve Pantak Councillor Robert Derbyshire Councillor Jim James Councillor Dianne Rees 23

24 TERMS OF REFERENCE To scrutinise, measure and actively promote improvement in the Authority s performance in the provision of services and compliance with the Authority s policies, aims and objectives in the area of environmental sustainability. To assess the impact of external organisations including the National Assembly for Wales, Assembly Sponsored Public Bodies and quasidepartmental non-governmental bodies on the effectiveness of the Authority s service delivery. To report to an appropriate Executive or Council meeting on its findings and to make recommendations on measures which may enhance the Authority s performance in this area. Scrutiny Services, Cardiff County Council 3/4 The Courtyard, County Hall, Atlantic Wharf, Cardiff CF10 4UW Tel: Fax: scrutinyviewpoints@cardiff.gov.uk 2006 Cardiff County Council 24