Article 25 Felling or lopping of trees and removal of hedgerowsI1

England and Wales

(1)

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

(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 an imminent danger to persons using the authorised development or property within the authorised development.

(2)

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

(a)

insofar as relevant, act in accordance with British Standard 3998:2010 (Tree work – Recommendations) or any British Standard which supersedes it;

(b)

do no unnecessary damage to any tree, shrub or hedgerow; and

(c)

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 as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4)

The power conferred by paragraph (1) removes any obligation upon the undertaker to secure any consent under the Hedgerow Regulations 1997^f1 in undertaking works pursuant to paragraph (1).

(5)

In this article “hedgerow” means a hedgerow to which the Hedgerow Regulations 1997 apply by virtue of regulation 3 (application of Regulations) and that is—

(a)

shown for removal on any of—

(i)

Appendix A (M23 & A23 Preliminary Tree Removal & Protection Plans);

(ii)

Appendix B (Airport Preliminary Tree Removal & Protection Plans);

(iii)

Appendix C (M23 & A23 Preliminary Vegetation Removal & Protection Plans); or

(iv)

Appendix D (Airport Preliminary Vegetation Removal & Protection Plans),

to the outline arboricultural and vegetation method statement; or

(v)

Appendix H (M23 & A23 Preliminary Tree Removal Plans); or

(vi)

Appendix I (Airport Preliminary Tree Removal Plans),

to the tree survey report and arboricultural impact assessment; or

(b)

otherwise approved by the relevant planning authority.

(6)

Article 53 (deemed consent) applies to approval by the relevant planning authority under paragraph (5)(b).

Article 25 Felling or lopping of trees and removal of hedgerowsI1

Annotations

Commencement

Footnotes