37.—(1) The undertaker may fell or lop any tree or shrub 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) In carrying out any activity authorised by paragraph (1), the undertaker must 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, is to be determined under Part 1 of the 1961 Act.
(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), and with the consent of local authority in whose area the hedgerow is located, remove any hedgerow within the Order limits that is required to be removed.
(5) The grant of consent by a local authority under paragraph (4) must not be unreasonably withheld.
(6) If a local authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (4) the local authority is deemed to have granted consent.
(7) In this article “hedgerow” includes a hedgerow to which the Hedgerow Regulations 1997 M1 apply and includes important hedgerows.
38.—(1) The undertaker may fell or lop any tree described in Schedule 9 (trees subject to tree preservation order), cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule, if the undertaker 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 passengers or other persons using the authorised development.
(2) In carrying out any activity authorised by paragraph (1)—
(a)the undertaker must 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; and
(b)the duty contained in section 206(1) M2 (replacement of trees) of the 1990 Act 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, is to be determined under Part 1 of the 1961 Act.
Commencement Information
I2Art. 38 in force at 9.2.2021, see art. 1
Marginal Citations
M2Section 206(1) was amended by paragraph 11 of Schedule 8 to the 2008 Act.
39. The undertaker is authorised to carry out the works specified in column (2) of Schedule 10 (scheduled monuments) in relation to the scheduled monuments specified in column (1) of that Schedule.
Commencement Information
I3Art. 39 in force at 9.2.2021, see art. 1