Article 39 Felling or lopping of trees and removal of hedgerowsI1

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 and subject to paragraph (2), remove any hedgerows within the Order limits that may be required for the purposes of constructing the authorised development.

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

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