Article 37 Felling or lopping of trees and removal of hedgerowsI1

The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), and with the consent of local authority in whose area the hedgerow is located, remove any hedgerow within the Order limits that is required to be removed.

The grant of consent by a local authority under paragraph (4) must not be unreasonably withheld.

If a local authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (4) the local authority is deemed to have granted consent.

In this article “hedgerow” includes a hedgerow to which the Hedgerow Regulations 1997 M1 apply and includes important hedgerows.