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The A19/A184 Testo's Junction Alteration Development Consent Order 2018
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- UK Statutory Instruments
- 2018 No. 994
- PART 6
- Article 35
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Trees subject to tree preservation ordersE+W+S
35.—(1) The undertaker may fell or lop any tree described in Schedule 8 (trees subject to tree preservation orders) or cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule, if it reasonably believes it to be necessary in order to do so to prevent the tree or shrub—
(a)from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or
(b)from constituting a danger to passengers or other persons using the authorised development.
(2) In carrying out any activity authorised by paragraph (1)—
(a)the undertaker shall 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
(b)the duty contained in section 206(1) (replacement of trees) of the 1990 Act shall not apply.
(3) The authority given by paragraph (1) shall constitute a deemed consent under the relevant tree preservation order.
(4) 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.
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