{
  "url": "https://openlegislation.uk/sunnica-energy-farm-order-2024/article-36",
  "json_url": "https://openlegislation.uk/sunnica-energy-farm-order-2024/article-36.json",
  "legislation": "uksi/2024/802",
  "legislation_title": "The Sunnica Energy Farm Order 2024",
  "legislation_url": "https://openlegislation.uk/sunnica-energy-farm-order-2024",
  "path": "article/36",
  "kind": "article",
  "number": "36",
  "heading": "Trees subject to tree preservation orders",
  "text": "(1) The undertaker may fell or lop any tree described in Schedule 15 (trees subject to tree preservation orders) and shown on the tree preservation order trees location plan or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction of the authorised development or any apparatus used in connection with the authorised development.\n(2) In carrying out any activity authorised by paragraph (1)—\n(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\n(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.\n(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.\n(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 of the 1961 Act.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 36 in force at 3.8.2024, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/802/article/36",
    "retrieved_at": "2026-10-28T21:27:58.279529+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}