PART 6Operations

Trees subject to tree preservation ordersI131

1

The undertaker may lop any tree within or overhanging land within the Order limits that is subject to a tree preservation order made after 3rd November 2014.

2

In carrying out any activity authorised by paragraph (1)—

a

the undertaker must not cause unnecessary damage to any tree or shrub 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) of the 1990 Act (replacement of trees) 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, must be determined under Part 1 of the 1961 Act.