Article 40 Felling or lopping of trees and removal of hedgerows

Subject to paragraph (2) and article 41 (trees subject to tree preservation orders) the undertaker may fell or lop any tree or shrub near or within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from—

In carrying out any activity authorised by paragraphs (1), (4) or (5), the undertaker must not do any unnecessary damage to any tree or shrub and must 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 paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

The undertaker may, for the purposes of the authorised development or in connection with the authorised development, subject to paragraph (2) and requirement 9 undertake works to or remove any hedgerows within the Order limits that may be required.

Without prejudice to the generality of paragraph (4), the undertaker may, for the purposes of the authorised development or in connection with the authorised development remove the hedgerows specified in column (2) of the table in Part 1 and Part 2 of Schedule 12 (hedgerows to be removed) and shown on the tree preservation order and hedgerow plans.

The undertaker must reinstate or replace those lengths of hedgerow removed as specified in column (2) of the table in Part 1 of Schedule 12 (hedgerows to be removed) and shown on the tree preservation order and hedgerow plans.

The undertaker may not under paragraphs (1), (4) and (5) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.

In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997^f1 (and includes, where relevant, important hedgerows as defined by those Regulations).