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The Luton Dunstable Translink Order 2006
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Power to fell or lop trees overhanging the authorised busway
33.—(1) The Council may fell or lop any tree or shrub near any part of the authorised busway, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—
(a)from obstructing or interfering with the construction, maintenance or operation of Translink or any apparatus used for the purposes of Translink; or
(b)from constituting a danger to passengers or other persons using Translink.
(2) In exercising the powers in paragraph (1), the Council shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.
(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.
(4) The following, namely—
(a)an order under section 198(1) of the 1990 Act (tree preservation order); and
(b)section 211(1) of the 1990 Act (which prohibits the doing in conservation areas of any act which might be prohibited by a tree preservation order),
shall not apply to any exercise of the powers in paragraph (1).
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