Article 45 Felling or lopping of trees and removal of hedgerowsI1

England and Wales

(1)

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

(a)

from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b)

from constituting a danger to persons using the authorised development.

(2)

In carrying out any activity authorised by paragraph (1) or (4) the undertaker must—

(a)

do no unnecessary damage to any tree or shrub; F1and

(b)

pay compensation to any person for any loss or damage arising from such activityF2.

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

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

(4)

The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2)—

(a)

remove any hedgerow described in Part 1 (removal of hedgerows) of Schedule 8 (hedgerows and trees); and

(b)

subject to consultation with the relevant planning authority, remove any hedgerow within the Order limits that may be identified and that is not otherwise set out within Part 1 of Schedule 8.

(5)

In this article “hedgerow” includes a hedgerow to which the Hedgerows Regulations 1997^f1 apply and includes important hedgerows.

Annotations

Textual amendments

F1: Word in art. 45(2)(a) inserted (12.1.2026) by The A46 Newark Bypass Development Consent (Correction) Order 2026 (S.I. 2026/16), art. 1, Sch.
F2: Art. 45(2)(b): full stop substituted for word (12.1.2026) by The A46 Newark Bypass Development Consent (Correction) Order 2026 (S.I. 2026/16), art. 1, Sch.
F3: Art. 45(2)(c) omitted (12.1.2026) by virtue of The A46 Newark Bypass Development Consent (Correction) Order 2026 (S.I. 2026/16), art. 1, Sch.

Commencement

I1: Art. 45 in force at 22.10.2025, see art. 1

Footnotes

f1: S.I. 1997/1160, amended by S.I. 2003/2155, S.I. 2009/1307, S.I. 2013/755, S.I. 2015/377 and S.I. 2015/1997.