33.—(1) Subject to paragraph (2) and article 34 (trees subject to tree preservation orders) the undertaker may fell or lop any tree or shrub, or cut back its roots, within or encroaching upon land within the Order limits 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—
(a)do no unnecessary damage to any tree or shrub; and
(b)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 (determination of questions of disputed compensation) of the 1961 Act.
(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2)—
(a)remove any hedgerow within the Order limits and specified in Schedule 10, part 1 (removal of hedgerows) that may be required to be removed for the purposes of carrying out the authorised project; and
(b)remove the important hedgerows as are within the Order limits and specified in Schedule 10, Part 2 (removal of important hedgerows).
(5) In this article “hedgerow” and “important hedgerow” has the same meaning as in the Hedgerows Regulations 1997(1).
Commencement Information
I1Art. 33 in force at 11.10.2023, see art. 1