PART 6OPERATIONS
Trees subject to tree preservation orders35
1
The undertaker may fell or lop any tree described in Part 2 (trees subject to tree preservation orders) of Schedule 8 or cut back its roots or undertake such other works 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 project or any apparatus used in connection with the authorised project; or
b
from constituting a danger to passengers or other persons using the authorised project.
2
In carrying out any activity authorised by paragraph (1)—
a
the undertaker shall 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) (replacement of trees) of the 1990 Act is not to apply.
3
The authority given by paragraph (1) shall constitute 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.