Article 36 Felling or lopping of trees or removal of hedgerowsI1

England and Wales

(1)

Subject to Article 37 (trees subject to preservation orders) the undertaker may fell or lop any tree, or shrub 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, or shrub from—

(a)

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

(b)

constituting a danger to persons using the authorised development; or

(c)

obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.

(2)

In carrying out any activity authorised by paragraph (1) or (4), the undertaker must—

(a)

do no unnecessary damage to any tree, or shrub;

(b)

ensure all works are carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other more suitable recognised codes of good practice provided these meet or exceed the appropriate British Standards; and

(c)

pay compensation to any person for any loss or damage arising from such activity.

(3)

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.

(4)

The undertaker may, for the purposes of the authorised development—

(a)

remove those parts of the important hedgerows within the Order limits and specified in Schedule 9 Part 1 (removal of important hedgerows); and

(b)

remove those parts of the hedgerows as are within the Order limits and specified in Schedule 9 Part 2 (removal of hedgerows).

(5)

The undertaker may not pursuant to paragraph (1) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.

(6)

In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997^f1.

Article 36 Felling or lopping of trees or removal of hedgerowsI1

Annotations

Commencement

Footnotes