Article 15 Felling or lopping of trees etcI1
England, Wales and Scotland
The undertaker may fell or lop any tree or shrub within or encroaching upon 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—
from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project; or
from constituting a danger to passengers or other persons using the authorised project.
In carrying out any activity authorised by paragraph (1), the undertaker shall not cause unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from such activity.
The undertaker may remove any hedgerows within the Order limits if it reasonably believes it to be necessary to do so for the purposes of the carrying out of the authorised development.
The power conferred by paragraph (3) shall remove any obligation upon the undertaker to secure any consent to remove those hedgerows under the Hedgerows Regulations 1997f1.
Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, shall be determined under Part 1 of the 1961 Act.
The exercise of any power under paragraphs (1) and (3) shall be exercised with the consent of the owner of the land concerned.
In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997.
Annotations
Commencement
- I1
Art. 15 in force at 13.3.2013, see art. 1
Footnotes
- f1
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S.I. 1997/1160, to which there are amendments not relevant to this Order.