Article 47 Felling or loppingI1
England and Wales
The undertaker may fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width, any tree, shrub, shrubbery, hedgerow, or important hedgerow under or within or overhanging or near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, shrub, shrubbery, hedgerow or important hedgerow—
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
from constituting a danger to persons constructing, maintaining, or operating the authorised development.
In carrying out any activity authorised by paragraph (1), the undertaker must not cause any unnecessary damage to any tree, shrub, shrubbery or hedgerow, or important hedgerow and must 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 of the 1961 Act.
Subject at all times to paragraph (8), the undertaker must not pursuant to paragraph (1) fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width a tree within or overhanging the extent of the public highway without the consent of the relevant highway authority.
If the relevant highway authority fails to notify the undertaker of its decision within 35 days (or such other period as agreed by the relevant highway authority and the undertaker) of receiving an application for consent under paragraph (4) the relevant highway authority is deemed to have granted consent.
Any application for consent under paragraph (4) must include a statement that the provisions of paragraph (5) apply to that application.
If an application for consent under paragraph (4) does not include the statement required under paragraph (6), then the F1provisions of paragraph (5) will not apply to that application.
The consent of the relevant highway authority is not required under paragraph (4) where—
the tree to be felled, lopped, pruned, cut, trimmed, coppiced, pollarded, or reduced in height or width is described or shown as ‘affected vegetation’ on the F2trees and hedgerows to be removed or managed plans; and
the undertaker F3has given 5 days notice to the relevant highway authority of its intention to carry out any of the operations described in sub-paragraph (a).
The power conferred by paragraph (1) removes any obligation upon the undertaker to secure any consent to remove hedgerows under the Hedgerows Regulations 1997f1.
In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997.
Annotations
Textual amendments
- F1
Words in art. 47(7) substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1
- F2
Words in art. 47(8)(a) substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1
- F3
Words in art. 47(8)(b) substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1
Commencement
- I1
Art. 47 in force at 4.10.2024, see art. 1
Footnotes
- f1