Natural England Weeds Act

[renewablejohn]

Anyone dealt with Natural England over a Weeds Act complaint. Next door neighbor trying to pinch some land and we have had to go legal to defend. Their now trying dirty tricks by reporting the land under the weeds act for ragwort. Have advised Natural England that the type of ragwort is not subject to the weeds act but there still coming to inspect. What should I do.

 

[YorkshireAndrew]

Get yourself a reputable agent act on your behalf as regards Natural England .

 

[Goweresque]

If the neighbours haven't made any attempt to speak to you first about their concerns over injurious weeds then I suspect that NE will not be that interested. The procedure for reporting a landowner requires a complainant to attempt to deal with the issues personally first before reporting it to Defra:

https://assets.publishing.service.g...ploads/attachment_data/file/696264/weed2a.pdf

The Weeds Act only covers common ragwort (senecio jacobaea) so if you have other sort of ragwort, they won't be interested, or have any powers to do anything. I'd be prepared to bet they'll be coming out to cover themselves more than out of any interest in forcing you to do anything, they've probably clocked its a vexatious complaint and want to go through the motions so no-one can start complaining about them. In fact I'd be surprised if a single order has been made by Defra over ragwort anywhere in the country for decades, they seem to have little interest in enforcing the Act even in clear cut cases of ragwort infestation.

 

[renewablejohn]

I have explained that it is hoary ragwort and even given them a copy of an environment impact statement for a development less than a mile from the land where the expert identified hoary ragwort but no common ragwort.

 

[David.]

Is hoary ragwort not harmful?

 

[renewablejohn]

Is hoary ragwort not harmful?

Not according to the weeds act

 

[Goweresque]

Hoary ragwort is a b*gger to get rid of though, its got a root like a creeping thistle, if you leave even a tiny piece in the ground, it'll regrow the next year.

 

[renewablejohn]

Hoary ragwort is a b*gger to get rid of though, its got a root like a creeping thistle, if you leave even a tiny piece in the ground, it'll regrow the next year.

It will be fine so long as we can grow a crop of houses.The land is in the center of a village.,,,,,,,,,,,,,,,,,,,,,,,

 

[Hesston4860s]

Used to get reported every year by the bird across the road from where my yard now is, used to just chuck the letter on the fire. Never heard anymore about it in any year !, there wasn’t any ragwort anyway it was just her being a t@#t.

 

[renewablejohn]

Well inspected today and all is well. Ragwort accepted as not common ragwort and creeping thistle less than 0.5 hectares so does not count.

 

[renewablejohn]

Job done. Have received confirmation from Natural England that no further action required due to no Common Ragwort being found. Now back to the task in hand and getting the stolen land back.

 

[renewablejohn]

Cannot believe it have just received another complaint from Natural England from the same complainent. Surely this is harrassment. Can they actually do this when they have issued a letter already to say the case is closed. Any suggestion of what to do.

 

[Werzle]

Wouldnt it have saved future hassle if you had done something about the ragwart after the first complaint. I cannot stand neighbours who let weeds/thistles go to head and have them floating over the hedge to spoil my farm.

 

[Goweresque]

Cannot believe it have just received another complaint from Natural England from the same complainent. Surely this is harrassment. Can they actually do this when they have issued a letter already to say the case is closed. Any suggestion of what to do.

Is the complaint is about ragwort again? Or are they trying a different weed this time?

 

[renewablejohn]

Wouldnt it have saved future hassle if you had done something about the ragwart after the first complaint. I cannot stand neighbours who let weeds/thistles go to head and have them floating over the hedge to spoil my farm.

Despite not having to do anything as per Natural England we did still flail the field at the end of July which is what I had previously told the Natural England guy we would do at the inspection back in June. The neighbor complained after the field had been flailed being adamant it was Common Ragwort in flower despite the Inspector back at the beginning of June confirming it was not common ragwort as if it was it should have been in flower like other ragwort he had observed while driving to the site. Hoary ragwort flowers later which is why it was coming into flower at the end of July. I think its more likely a reaction to the latest legal letter sent to the neighbor requesting the removal of the illegal fence and hedge which he has put on our land. There latest threat is an injuction to stop us from removing the fence and hedge.

 

[renewablejohn]

Is the complaint is about ragwort again? Or are they trying a different weed this time?

It was all weeds in the act last time and the same this time although they have specifically suggested the Inspector was wrong in declaring the ragwort was not Common Ragwort. Fortunately I had taken a Common Ragwort plant with me which was in flower from Lancashire so that he could esily compare the plants.

 

[Goweresque]

I wouldn't worry too much, I expect NE have to write to you once a complaint has been received. They know the score, they've already inspected you once, and they can recognise a vexatious complainant. The Weeds Act doesn't even make it an offence to have common ragwort on your land, it merely allows the authorities to force you to prevent it spreading. So even if you had any, by topping it you have prevented it from spreading.

Incidentally does your neighbour have any livestock? The Defra guidelines (link in post #3) say they will only consider cases that are next or close to land that has grazing livestock or that is used for forage production.

 

[Thick Farmer]

Despite not having to do anything as per Natural England we did still flail the field at the end of July which is what I had previously told the Natural England guy we would do at the inspection back in June. The neighbor complained after the field had been flailed being adamant it was Common Ragwort in flower despite the Inspector back at the beginning of June confirming it was not common ragwort as if it was it should have been in flower like other ragwort he had observed while driving to the site. Hoary ragwort flowers later which is why it was coming into flower at the end of July. I think its more likely a reaction to the latest legal letter sent to the neighbor requesting the removal of the illegal fence and hedge which he has put on our land. There latest threat is an injuction to stop us from removing the fence and hedge.

If the fence is on your land it becomes part of your property unless it can be removed without using mechanical means (hand tools etc).
I found this out at my expense when I removed a fence from a non paying clients building site and eventually had to reinstate it at my own cost.

In your case this could actually work in your favour.

 

[renewablejohn]

I wouldn't worry too much, I expect NE have to write to you once a complaint has been received. They know the score, they've already inspected you once, and they can recognise a vexatious complainant. The Weeds Act doesn't even make it an offence to have common ragwort on your land, it merely allows the authorities to force you to prevent it spreading. So even if you had any, by topping it you have prevented it from spreading.

Incidentally does your neighbour have any livestock? The Defra guidelines (link in post #3) say they will only consider cases that are next or close to land that has grazing livestock or that is used for forage production.

Depends whether you call horses livestock. Was surprised when the council approved the menage which now backs onto the land. The whole village complains about the stink of the horses but nothing can be done about that. Really should have put a no animal clause in when we sold the bungalow but with only 1 acre we assumed it would be to small for any animals. Did not account for them buying the adjoining land next door which we had tried to buy for decades.

 

[Goweresque]

Depends whether you call horses livestock. Was surprised when the council approved the menage which now backs onto the land. The whole village complains about the stink of the horses but nothing can be done about that. Really should have put a no animal clause in when we sold the bungalow but with only 1 acre we assumed it would be to small for any animals. Did not account for them buying the adjoining land next door which we had tried to buy for decades.

Horses would count yes,they are mentioned in the guidelines. But regardless, you know that the ragwort in question isn't covered by the weeds act, NE have already concluded that,so unless their letter requires you to do anything I'd file it in the bin, because I doubt they'll be taking any more action.