PART 3PROHIBITED ACTIVITIES AND EXCEPTIONS

ExceptionsI114

1

Nothing in regulation 13 shall prevent—

a

the cutting down, topping, lopping or uprooting of a tree—

i

which is dead;

ii

in compliance with any obligation imposed by or under an Act of Parliament or so far as may be necessary for the prevention or abatement of a nuisance;

iii

by or at the request of a statutory undertaker, where the land on which the tree is situated is operational land of the statutory undertaker and the work is necessary—

aa

in the interests of the safe operation of the undertaking;

bb

in connection with the inspection, repair or renewal of any sewers, mains, pipes, cables or other apparatus of the statutory undertaker;

cc

to enable the statutory undertaker to carry out development permitted by or under the Town and Country Planning (General Permitted Development) Order 19955;

iv

where that work is required to enable the implementation of an order made or confirmed under paragraph 8(1) or paragraph 15(1) of Schedule 1 to the Highways Act 19806 (procedures for making or confirming certain orders or schemes);

v

where that work is urgently necessary for national security purposes;

vi

where that tree is cultivated for the production of fruit in the course of a business or trade and such work is in the interests of that business or trade;

vii

so far as such work is necessary to implement a planning permission (other than an outline planning permission or, without prejudice to paragraph (iii)(cc), a permission granted by or under the Town and Country Planning (General Permitted Development) Order 1995) granted on an application under Part III of the Town and Country Planning Act 1990 (control over development), or deemed to have been granted (whether for the purposes of that Part or otherwise);

viii

by or at the request of the Environment Agency to enable the Agency to carry out development permitted by or under the Town and Country Planning (General Permitted Development) Order 1995; or

ix

by or at the request of a drainage body where that tree interferes, or is likely to interfere, with the exercise of any of the functions of that body in relation to the maintenance, improvement or construction of watercourses or of drainage works, and for this purpose “drainage body” and “drainage” shall have the same meanings as in section 72(1) of the Land Drainage Act 19917 (interpretation);

b

the removal of dead branches from a living tree;

c

the cutting down, uprooting, topping or lopping of a tree, to the extent that such works are urgently necessary to remove an immediate risk of serious harm, or to such other extent as agreed in writing by the authority prior to the works being undertaken;

d

the pruning, in accordance with good horticultural practice, of any tree cultivated for the production of fruit; or

e

without prejudice to sub-paragraph (a)(ii), the felling or lopping of a tree or the cutting back of its roots by or at the request of, or in accordance with a notice served by, a licence holder under paragraph 9 of Schedule 4 to the Electricity Act 19898 (other powers etc of licence holders - felling and lopping of trees etc).

2

Where paragraphs (1)(a)(i) or (1)(c) apply, notice in writing of the proposed activities shall be given to the authority—

a

in the case of works urgently necessary to remove an immediate risk of serious harm, as soon as practicable after the works become necessary; and

b

in any other case at least five working days prior to the date on which the works are to be commenced.

3

In paragraph (1), “statutory undertaker” means any of the following—

a

a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of hydraulic power;

b

a relevant airport operator (within the meaning of Part V of the Airports Act 19869 (status of certain airport operators as statutory undertakers, etc));

c

the holder of a licence under section 6 of the Electricity Act 198910 (licences authorising supply, etc);

d

a gas transporter;

e

an operator to whom the telecommunications code (set out in Schedule 2 to the Telecommunications Act 198411) applies;

f

a water or sewerage undertaker;

g

the Civil Aviation Authority, a body acting on behalf of that authority or a person who holds a licence under Chapter I of Part I of the Transport Act 200012 (air traffic services);

h

a universal postal service provider in connection with the provision of a universal postal service.