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39.—(1) The undertaker may, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development, fell or lop or cut back the roots of any tree that is subject to a tree preservation order and is—
(a)described in the outline landscape and ecological management plan;
(b)described in the landscape and ecological management plan approved pursuant to Requirement 7; or
(c)located within or overhanging land within the Order limits provided the tree preservation order is made after the date the landscape and ecological management plan is approved pursuant to Requirement 7.
(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, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
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