Article 35 Trees subject to tree preservation ordersI1

Subject to paragraph (2), the undertaker must not fell or lop or cut back the roots of any tree which is the subject of a tree preservation order.

The undertaker may fell or lop, or cut back the roots of, any tree within, or overhanging, the land within the Order limits or any tree near any part of the authorised project that F1is specified in Schedule 11, Part 3 (trees subject to tree preservation orders) or is subject to a tree preservation order which was made after F221 February 2024, if it reasonably believes it to be necessary in order to do so in order to prevent the tree—

In carrying out any activity authorised by F3paragraph (2)—

The authority given by paragraph (2) constitutes a deemed consent under the relevant tree preservation order.

Any dispute as to a person’s entitlement to compensation under paragraph (23), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

In this article, “tree preservation order” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.