{
  "url": "https://openlegislation.uk/north-falls-offshore-wind-farm-order-2026/article-38",
  "json_url": "https://openlegislation.uk/north-falls-offshore-wind-farm-order-2026/article-38.json",
  "legislation": "uksi/2026/567",
  "legislation_title": "The North Falls Offshore Wind Farm Order 2026",
  "legislation_url": "https://openlegislation.uk/north-falls-offshore-wind-farm-order-2026",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": "Felling or lopping of trees and removal of hedgerows",
  "text": "(1) Subject to paragraph (3) and article 39 (trees subject to tree preservation orders), the undertaker may fell or lop or cut back the roots of any tree or shrub within or encroaching upon land within the Order limits, if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—\n(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\n(b) from constituting a danger to persons within the authorised development.\n(2) Without limitation to the scope of paragraph (1) the undertaker may, for the purpose of the authorised project—\n(a) remove the hedgerows specified in Schedule 11, Part 1 (removal of hedgerows) to the extent and for the purpose specified; and\n(b) remove the important hedgerows within the Order limits and specified in Schedule 11, Part 2 (removal of important hedgerows) to the extent and for the purpose specified.\n(3) In carrying out any activity authorised by paragraph (1) or (2), the undertaker must—\n(a) do no unnecessary damage to any tree or shrub; and\n(b) pay compensation to any person for any loss or damage arising from such activity.\n(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.\n(5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1997/1160."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/567/article/38",
    "retrieved_at": "2026-10-28T21:00:48.162639+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}