PART 6OPERATIONS
Felling or lopping of trees and removal of hedgerows32
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; or
b
from constituting a danger to persons using the authorised development.
2
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—
a
subject to paragraph (2), remove any hedgerows within the Order limits that may be required for the purposes of carrying out the authorised development; and
b
remove the important hedgerows as are within the Order limits and specified in Schedule 11 (removal of important hedgerows).
5
In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997.