Article 34 Felling or lopping of trees and removal of hedgerowsI1
England and Wales
Subject to article 35 (trees subject to tree preservation orders) the undertaker may fell or lop, or cut back the roots of, any tree or shrub within, or overhanging, the land within the Order limits or any tree or shrub near any part of the authorised project if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—
from obstructing or interfering with the onshore site preparation works, the construction, maintenance, operation or decommissioning of the authorised project or any apparatus used in connection with the authorised project; or
from constituting a danger to persons using 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
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 (determination of questions of disputed compensation) of the 1961 Act.
The undertaker may, for the purposes of carrying out the authorised project but subject to paragraph (2)—
remove any hedgerow within the Order limits or specified in Schedule 11, Part 1 (removal of hedgerows) that may be required to be removed for the purposes of carrying out the authorised project; and
remove the important hedgerows within the Order limits and specified in Schedule 11 Part 2 (removal of important hedgerows).
In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerows Regulations 1997f1.
Annotations
Commencement
- I1
Art. 34 in force at 28.7.2025, see art. 1
Footnotes
- f1