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The Drax Power (Generating Stations) Order 2019
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- UK Statutory Instruments
- 2019 No. 1315
- PART 6
- Article 34
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Felling or lopping of trees and removal of hedgerowsE+W
34.—(1) The undertaker may fell or lop any tree or shrub near any part of the authorised development 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 the authorised development or any apparatus used in connection with the authorised development;
(b)from constituting a danger to persons using the authorised development; or
(c)from obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.
(2) In carrying out any activity authorised by paragraph (1) the undertaker must 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.
(3) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.
(4) The undertaker may, for the purposes of the authorised development subject to paragraph (2) remove any hedgerows within the Order limits that may be required for the purposes of carrying out the authorised development.
(5) The undertaker may not pursuant to paragraph (1) or (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.
(6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997 M1.
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