{
  "url": "https://openlegislation.uk/byers-gill-solar-order-2025/article-38",
  "json_url": "https://openlegislation.uk/byers-gill-solar-order-2025/article-38.json",
  "legislation": "uksi/2025/934",
  "legislation_title": "The Byers Gill Solar Order 2025",
  "legislation_url": "https://openlegislation.uk/byers-gill-solar-order-2025",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": "Felling or lopping of trees or removal of hedgerows",
  "text": "(1) Subject to Article 39 (trees subject to tree preservation orders) the undertaker may fell or lop any tree, or shrub near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, or shrub from—\n(a) obstructing or interfering with the construction, maintenance operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development;\n(b) constituting a danger to persons using the authorised development; or\n(c) obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.\n(2) In carrying out any activity authorised by paragraph (1) or (4), 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.\n(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.\n(4) The undertaker may for the purposes of the authorised development and subject to paragraph (2),remove those parts of the hedgerows as are within the Order limits and specified in Schedule 7 (removal of hedgerows) as shown for illustrative purposes on the trees and hedgerows to be removed plan\n(5) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.\n(6) In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 38 in force at 14.8.2025, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1997/1160."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/934/article/38",
    "retrieved_at": "2026-10-28T21:12:25.595636+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}