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The Hornsea Four Offshore Wind Farm Order 2023
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Trees subject to tree preservation ordersE+W+S
37.—(1) The undertaker may fell or lop or cut back the roots of any tree within or overhanging land within the Order limits subject to a tree preservation order as specified on the tree preservation order and hedgerow plan, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with onshore site preparation works[F1,] the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.
(2) In carrying out any activity authorised by paragraph (1)—
(a)the undertaker must do no unnecessary damage to any tree 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 does not apply.
(3) The authority given by paragraph (1) constitutes 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, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
Textual Amendments
F1Art. 37(1): comma inserted (31.1.2024) by The Hornsea Four Offshore Wind Farm (Correction) Order 2024 (S.I. 2024/117), art. 1(2), Sch.
Commencement Information
I1Art. 37 in force at 3.8.2023, see art. 1
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