Article 33 Felling or lopping of trees and the removal of hedgerowsI1

The undertaker may fell or lop any tree that is not subject to a tree preservation order or shrub 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 obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used with the authorised project.

In carrying out any activity authorised by paragraph (1), the undertaker shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from such activity.

The undertaker may remove any hedgerows within the Order limits that may be required for the purposes of the carrying out of the authorised development.

The undertaker may remove the important hedgerows as are within the Order limits and specified in Schedule 11 (removal of important hedgerows) and identified on the important hedgerows plan.

The undertaker shall not be required to comply with the requirements of regulation 5 of the Hedgerow Regulations 1997 in exercising the authority given by paragraphs (3) and (4) and it shall not be guilty of an offence under regulation 7(1) of the said Regulations if it does so.

Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, shall be determined under Part 1 of the 1961 Act.

In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997.