Article 35 Felling or lopping of treesI1

England, Wales and Scotland

(1)

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—

(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), the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3)

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.

Annotations

Commencement

I1: Art. 35 in force at 26.2.2015, see art. 1

Notes on the whole SI

Textual amendments

F1: Words in Preamble inserted (13.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) (Correction) Order 2015 (S.I. 2015/243), arts. 1, 2(2)