Last updated: March 2025
Author: Rob Lambert
Editor at Arbtech, Rob is a content specialist who manages our ecology and arboriculture services copy to ensure it is accurate, up to date, and insightful for current and future clients.
Biosecurity Plans and Expert Witness for Non-Native Invasive Species
Great Britain has almost as many as 200 types of invasive non-native species. More than 3,000 are currently residing across urban and rural areas. For developers, it can be a real problem because certain categories of invasive species are capable of damaging infrastructure, overpowering non-invasive native species, and even negatively impacting human and animal health.
Non-native invasive species can appear on development sites, and when they do, the local planning authorities will need assurances that they’ve been dealt with properly or will refuse planning permission. Advanced biosecurity planning and expert witness services can help at different stages in the planning process when it comes to the legal compliance of invasive species management.
Requirement for Each Service
Both services work together in planning projects, but each focuses on distinct areas:
Support from Biosecurity Planning Services
- Financial penalties for biosecurity failures are likely
- Invasive species are found on a development site
- Large-scale developments are near sensitive habitats
- Legal compliance is needed for invasive species laws
- Planning applications need a biosecurity strategy
Support from Expert Witness Services
- Biosecurity plans are rejected leading to planning appeals
- Compensation claims are made after biosecurity failures
- Enforcement notices or regulatory fines are applied
- Invasive species spreading causes a legal dispute
- Restrictive biosecurity conditions are challenged
Legal Implications for Developers
Various legal implications are involved with biosecurity planning and expert witness services.
In terms of biosecurity planning services, compliance with relevant UK laws is an important aspect affected by the Environment Act 2021, the Invasive Alien Species (Enforcement and Permitting) Order 2019 and the Wildlife and Countryside Act 1981. It is also restricted by planning conditions and the potential for the legal consequences of biosecurity failures, such as enforcement notices, fines, prosecution, and civil liability and compensation claims.
As for expert witness services, there could be overlap with planning appeals and public inquiries, as well as a need in disputes over the compliance of biosecurity, such as in compensation cases, judicial reviews and negligence claims. Although less common, a criminal prosecution could call for the input of an expert witness if a developer illegally removed or disposed of contaminated soil containing an invasive species, for example, violating waste disposal laws and contributing to an unwanted spread.
Biosecurity Planning
What is a Biosecurity Plan?
A biosecurity plan is a structured document that explains how best to prevent, control and mitigate the introduction and spread of invasive species, pests and diseases in a given location. Once invasive plant species such as injurious weeds, Japanese knotweed, Himalayan balsam or giant hogweed have been found on a development site, biosecurity measures will be made to address them on a long-term basis.
Due to the effect of invasive species, biosecurity plans can help with building or land development projects, but also such things as agriculture, aquaculture and environmental conservation. For example, an on-site farm biosecurity plan for a dairy farm, poultry farm or horse farm would reduce the risk of introducing disease to the area or causing a disease outbreak to the present cows, chickens and horses.
What Does a Biosecurity Plan Utilise?
Included within a biosecurity plan are:
- Awareness and Training for Staff and Contractors
- Biosecurity Zones and Containment Measures
- Compliance and Monitoring Checks
- Control and Eradication Strategies
- Decontamination and Hygiene Protocols
- Risk Assessments and Site Surveys
Expert Witness
Environmental Protection Expert Witness
An expert witness service allows developers to get specialist further information, guidance and insight on issues relating to or caused by invasive species from advanced ecological consultants. It shares similarities with ecological clerk of works (ECoW) services, but while ECoW is a proactive on-site role, expert witness is an off-site reactive role.
Input from an expert witness would often be needed in extremely difficult situations involving biosecurity risks, invasive species and environmental compliance, such as compensation claims, legal disputes, planning appeals and regulatory cases. If a developer was accused of spreading an invasive species, for instance, the expert witness would visit the site, create a report, and testify in court.
Biosecurity Plan and Expert Witness Process
At any point that an ecological consultant is instructed to work with a developer to provide biosecurity planning and expert witness services, a specific process will be followed. It contains a mix of mandatory and optional stages, all undertaken within legal, regulatory and good practice guidelines.
Consultation and Assessment
- Project Briefing: The ecological consultant and the developer meet to discuss the planned development work, site location and project timeline
- Site Survey and Risk Assessment: A habitat survey for the suspected invasive species is carried out and the ecologist identifies potential pathways for spread, such as through contaminated soil or watercourses
- Regulatory Check: Biosecurity regulations and planning laws are considered, and local planning conditions and environmental policies that could affect the project are addressed
Biosecurity Management Plan (BMP)
- Containment and Control Measures: Biosecurity zones are set to minimise risk and biosecurity measures such as chemical treatment, excavation and on-site barriers are recommended
- Material Handling and Movement Controls: Decontamination procedures for soil, water and constructed equipment are applied and monitoring protocols to track possible future re-infestation are established
- Coordination of Stakeholders: Biosecurity efforts are aligned between all relevant parties, including contractors, environmental agencies and local authorities
- Submission to the Local Planning Authority: The completed biosecurity plan is passed on to the local authority to support the developer’s planning application
Implementation and Compliance
- Training for Contractors: Construction staff are educated on the best practices for handling contaminated materials
- Ongoing Inspections and Reports: Planned site audits to remain compliant with the biosecurity plan are conducted
- Adaptive Management: Strategies are adjusted if site conditions change or new invasive species are found
Expert Witness Support (Optional*)
- Case Review and Collection of Evidence: Environmental assessments, planning records and site conditions are examined and scientific reports supporting the developer are prepared
- Legal Coordination: Legal arguments and testimony are aligned with barristers and solicitors, and witness statements and a response to the cross-examination are prepared
- Expert Representation: Educated opinions at court hearings, planning appeals and public inquiries are presented
*Optional if:
– A local planning authority rejects a biosecurity plan and the consultant needs to provide evidence in the appeal
– The developer is accused of failing to control present invasive species and the consultant needs to provide evidence in court
– The invasive species has spread to neighbouring land and the consultant needs to assess liability and provide testimony
Post-Development Monitoring
- Follow-Up Site Inspections: Further assessments are undertaken to confirm that no regrowth of invasive species has happened
- Long-Term Tracking: Ongoing monitoring of the development site will continue to take place if it has been ordered in planning conditions
Speak to Our Ecological Consultants
With our evolved application of ecological surveys, Arbtech is perfectly positioned to undertake advanced biosecurity planning and expert witness services. Our team has a proven track record in biosecurity risk management, ecological compliance and legal representation, giving them everything needed to assist developers, landowners and businesses affected by non-native invasive species.
Request a Quote to Support Your Development Plans
Between creating a farm biosecurity plan to prevent issues with on-site animal health and expert witness services to monitor the ongoing presence of invasive species, our team can step in to guide your development through future stages. After an extensive assessment, we can produce biosecurity measures to deal with any invasive species correctly, and if necessary, continue tracking changes to the site as an expert witness.
We provide all of our services with a free quote beforehand, giving clients an opportunity to see how much the assessment and report will cost before they commit to Arbtech. Speak to our team today by calling us, emailing us or filling out the quote form at the top of this page. Alternatively, you can visit our contact page for other options. With the help of our team and the input of a qualified ecological consultant, any issues caused by invasive species will be dealt with.