Article 31 Felling or lopping of trees and removal of hedgerowsI1
England, Wales and Scotland
The undertaker may fell or lop any tree or shrub near any part of the authorised project, 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.
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, must be determined under Part 1 of the 1961 Act.
The undertaker may, for the purposes of the authorised project—
subject to paragraph (2) above, remove any hedgerows within the Order limits and specified in Schedule 9, Part 1 (removal of hedgerows) that may be required for the purposes of carrying out the authorised project; and
remove the important hedgerows as are within the Order limits and specified in Schedule 9, Part 2 (removal of important hedgerows).
In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997f1.
Annotations
Commencement
- I1
Art. 31 in force at 29.8.2017, see art. 1
Footnotes
- f1