PART 4SUPPLEMENTAL POWERS

Trees subject to tree preservation orders

24.—(1) Subject to paragraph (2), the undertaker may fell or lop any tree made subject to a tree preservation described in Schedule 7 (trees subject to tree preservation orders) or 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 or any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after the date this Order is made.

(2) The undertaker may only exercise the powers referred to in paragraph (1) if it reasonably believes it to be necessary in order 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.

(3) 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;

(b)the duty contained in section 206(1) (replacement of trees) of the 1990 Act will not apply although where possible the undertaker must seek to replace any trees which are removed; and

(c)the undertaker must consult (with sufficient particulars to identify the tree) the relevant planning authority prior to that activity taking place.

(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, is to be determined as if it were a dispute under Part 1 of the 1961 Act.