# The Tillbridge Solar Order 2025, Article 40: Trees subject to tree preservation orders

Extent: E+W+S

(1) Subject to paragraph (2), the undertaker must not under the powers of this article fell, lop, prune, or cut back the roots of any tree which is the subject of a tree preservation order.
(2) The undertaker may fell or lop any tree that is subject to a tree preservation order which was made after 10 April 2024 within or overhanging land within the Order limits 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, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.
(3) 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 does not apply.
(4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.
(5) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

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Source: https://www.legislation.gov.uk/uksi/2025/1105/article/40 (the official version)
Page: https://openlegislation.uk/tillbridge-solar-order-2025/article-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.