Article 41 Trees subject to tree preservation ordersI1

England and Wales

(1)

The undertaker may fell or lop any tree described in Schedule 13 (trees subject to Tree Preservation Orders) and identified on the Trees and Hedgerows to be Removed or Managed Plans, or cut back its roots, if it reasonably believes it to be necessary in order 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)

In carrying out any activity authorised by paragraph (1)—

(a)

the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any damage arising from such activity; and

(b)

the duty in section 206(1) of the 1990 Act (replacement of trees) does not apply.

(3)

The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4)

Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, will be determined under Part 1 of the 1961 Act.

Annotations

Commencement

I1: Art. 41 in force at 24.8.2017, see art. 1