Article 39 Felling or lopping of trees and removal of hedgerowsI1

The undertaker may fell or lop any tree (other than a tree subject to a tree preservation order, as to which see article 40 (trees subject to tree preservation orders)) or shrub, or cut back its roots, within or overhanging land within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

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

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 of the 1961 Act.

The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2) remove any hedgerow provided that the hedgerow is described in Schedule 8 (removal of hedgerows).

In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997^f1 and includes important hedgerows.