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Article 41 Trees subject to tree preservation orders

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), the undertaker may fell, lop, prune, or cut back the roots of any tree within or overhanging the Order limits which is the subject of a tree preservation order or that becomes subject to a tree preservation order which was made after the date this Order is made if it reasonably believes it to be necessary to do so in order to prevent the tree—

(a)

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

(b)

from constituting a danger to persons using the authorised development.

(2)

In carrying out any activity authorised by paragraph (1)—

(a)

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; and

(b)

the duty contained in section 206(1) (replacement of trees) of the 1990 Act will not apply.

(3)

The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4)

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.