PART 6Miscellaneous and general
Trees subject to tree preservation orders 34
1
Subject to paragraph (2), the undertaker must not fell or lop or cut back the roots of any tree which is the subject of a tree preservation order.
2
The undertaker may fell or lop any tree within or encroaching upon the Order limits that is subject to a tree preservation order which was made after 20 April 2022, or cut back its roots, if it reasonably believes it to be necessary in order to do so in order to prevent the tree—
a
from obstructing or interfering with onshore site preparation works the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or
b
from constituting an unacceptable source of danger (whether to children or to other persons).
3
In carrying out any activity authorised by paragraph (1)—
a
the undertaker must not cause unnecessary damage to any tree 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 does not apply.
4
The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.
5
Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.