Article 39 Trees subject to tree preservation orders
The undertaker may, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development, fell or lop or cut back the roots of any tree that is subject to a tree preservation order that is within or overhanging land within the Order limits and the relevant tree preservation order was made after February 2025.
In carrying out any activity authorised by paragraph (1)—
the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity;
the duty contained in section 206(1)(a) (replacement of trees) of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are removed; and.
the undertaker must consult the relevant planning authority prior to that activity taking place.
The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.
Any dispute as to a person’s entitlement to compensation under paragraph (2), 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 “tree preservation order” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.