OpenLegislation

Article 6 Felling or lopping of trees

Original text. Later amendments are not shown.

(1)

The Council may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if the Council reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a)

from obstructing or interfering with the construction, maintenance or operation of the development or any apparatus used in connection with the development; or

(b)

from constituting a danger to persons using the development.

(2)

In carrying out any activity authorised by paragraph (1), the Council must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the exercise of those powers.

(3)

Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.