Article 37 Trees subject to tree preservation ordersI1

The undertaker may fell or lop or cut back the roots of any tree within or overhanging land within the Order limits subject to a tree preservation order as specified on the tree preservation order and hedgerow plan, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with onshore site preparation worksF1, 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 authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.