39.—(1) Subject to paragraph (4), the undertaker may fell or lop any tree or shrub with the exception of ancient woodland within or overhanging land within the Order limits, 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) Without limitation on the scope of paragraph (1), the undertaker may remove any tree within a conservation area within the Order limits that is specified in Part 1 (trees in conservation areas) of Schedule 11 (falling or lopping of trees and removal of hedgerows).
(3) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (4), remove or manage any hedgerow within the Order limits and specified in Part 2 of Schedule 11 (hedgerows to be removed or managed) that is required to be removed or managed.
(4) In carrying out any activity authorised by paragraphs (1), (2) or (3), the undertaker must do no unnecessary damage to any tree, shrub or hedgerow and must pay compensation to any person for any loss or damage arising from such activity.
(5) Any dispute as to a person’s entitlement to compensation under paragraph (4), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.
(6) In this article “hedgerow” includes a hedgerow to which the Hedgerow Regulations 1997(1) apply and includes important hedgerows.