Felling or lopping of trees
14.—(1) The undertaker may fell or lop any tree or shrub within or overhanging the Order limits or within the extent of the publicly maintainable highway near any part of the authorised project, 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 development.
(2) In relation to the felling or lopping of any tree or shrub within the publicly maintainable highway, the power contained in paragraph (1) must only be exercised in connection with the delivery of abnormal indivisible loads to the West Burton Power Station Site.
(3) In carrying out any activity authorised by paragraph (1) the undertaker must –
(a)give at least 14 days’ notice to the relevant planning authority of its intention to fell or lop any tree or shrub overhanging the Order limits or within the extent of the publicly maintainable highway;
(b)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; and
(c)the duty contained in section 206(1) of the 1990 Act (replacement of trees)(1) 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 (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act (determination of questions of disputed compensation).
Section 206(1) was amended by section 192 of and schedule 8 to the 2008 Act.