Article 39 Felling or lopping of trees and removal of hedgerowsI1

Subject to paragraph (2) and article 40 (trees subject to tree preservation orders) the undertaker may fell or lop any tree or shrub within or overhanging land 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 paragraph (1) the undertaker must do no 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, is to 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 and subject to paragraph (2) remove the hedgerows specified in column 2 of the table in Part 1 (removal of hedgerows) and column 2 of the table in Part 2 (removal of important hedgerows) of Schedule 12 (hedgerows to be removed) to the extent set out in the landscape and ecology management plan approved pursuant to requirement 8 (landscape and ecology management plan) in Schedule 2 (requirements).

The undertaker may not pursuant to paragraphs (1) and (4) 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.