Article 36 Felling or lopping of trees and removal or management of hedgerowsI1

England and Wales

(1)

Subject to paragraph (3), the undertaker may fell or lop any tree or shrub (except for any tree or shrub in ancient woodland) 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 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)

The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (3), remove, cut back or manage any hedgerow within the Order limits as specified in column (5) of Schedule 8 (hedgerows to be removed or managed) that is required to be removed or managed.

(3)

In carrying out any activity authorised by paragraphs (1) or (2), the undertaker must—

(a)

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

(b)

pay compensation to any person for any loss or damage arising from such activity; and

(c)

take steps to avoid a breach of the provisions of the Wildlife and Countryside Act 1981^f1 and the Conservation of Habitats and Species Regulations 2017^f2 or any successor acts and regulations.

(4)

Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(5)

In this article “hedgerow” includes a hedgerow to which the Hedgerow Regulations 1997^f3 apply and includes important hedgerows.

Article 36 Felling or lopping of trees and removal or management of hedgerowsI1

Annotations

Commencement

Footnotes