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.