Article 40 Removal of hedgerowsI1
England, Wales and Scotland
The undertaker may, for the purposes of carrying out the authorised development—
remove any hedgerows within the Order limits and specified in Part 1 of Schedule 13 (hedgerows);
remove any important hedgerows within the Order limits and specified in Part 2 of Schedule 13 (important hedgerows); and
without limitation on the scope of sub-paragraph (a), and with the consent of the local authority in whose area the hedgerow is located, remove or translocate any hedgerow within the Order limits.
The grant of consent of a local authority in terms of paragraph (1)(c) must not be unreasonably withheld.
If a local authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (1)(c) the local authority is deemed to have granted consent.
In carrying out any activity authorised by F1paragraph (1), the undertaker must do no unnecessary damage to any hedgerow 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 F2paragraph (4), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997f1.
Annotations
Textual amendments
- F1
Words in art. 40(4) substituted (15.5.2026) by The North Lincolnshire Green Energy Park (Correction) Order 2026 (S.I. 2026/533), arts. 1, 2, Sch.
- F2
Words in art. 40(5) substituted (15.5.2026) by The North Lincolnshire Green Energy Park (Correction) Order 2026 (S.I. 2026/533), arts. 1, 2, Sch.
Commencement
- I1
Art. 40 in force at 4.4.2025, see art. 1
Footnotes
- f1