PART 4SUPPLEMENTAL POWERS
Felling, lopping and removal of trees, shrubs and hedgerows
article 22 22.—(1) Subject to paragraph 9 or 10 of Schedule 2 (requirements) to this Order, the undertaker may fell, lop or remove any tree, shrub or hedgerow within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, shrub or hedgerow—
article 22 1 a (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
article 22 1 b (b)from constituting a danger to persons using the authorised development.
(2) The powers in sub-paragraph (1) may not be exercised in relation to any tree, shrub or hedgerow which is—
article 22 2 a (a)situated within a conservation area (designated under section 69 (designation of conservation areas) of the Planning (Listed Buildings and Conservation Areas) Act 1990(1));
article 22 2 b (b)subject to a tree preservation order made under Part 8 (special controls) of the 1990 Act and the Town and Country Planning (Tree Preservation) (England) Regulations 2012(2),
unless that tree, shrub or hedgerow has been identified in a scheme or plan submitted under paragraph 9 (landscaping design) or paragraph 10 (landscape and biodiversity management plan) of Schedule 2 to this Order along with written details of the proposed works, and the relevant planning authority has provided written approval of that scheme or plan.
(3) In carrying out any activity authorised by paragraphs (1) or (2), the undertaker must do no unnecessary damage to any tree, shrub or hedgerow and must pay compensation to any person for any loss or damage arising from such activity.
(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.
term hedgerow (5) In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997(3) and includes important hedgerows.