PART 7MISCELLANEOUS AND GENERAL

Trees subject to tree preservation orders38.

(1)

The undertaker may fell or lop any tree described in Part 2 (trees subject to tree preservation orders) of Schedule 8 (hedgerows and trees) or cut back its roots or undertake such other works described in column (2) of Part 2 of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule, if it reasonably believes it to be necessary in order 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 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)75 (replacement of trees) of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are removed.

(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 as if it were a dispute under Part 1 of the 1961 Act.