34.—(1) The undertaker may fell or lop any tree or shrub within the Order limits described in the works plan, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.
(2) In carrying out any activity authorised by paragraph (1), the undertaker may 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, must be determined under Part 1 of the 1961 Act.
(4) The undertaker may, for the purposes of the authorised development subject to paragraph (2) above, remove any hedgerows within the Order limits that may be required for the purposes of carrying out the authorised development.
(5) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997.