PART 7MISCELLANEOUS AND GENERAL

Trees subject to tree preservation orders

article 43 + 43.—(1) Subject to sub-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 overhanging land within the Order limits subject to a tree preservation order whensoever made or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with onshore site preparation works the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project or its decommissioning.

(3) In carrying out any activity authorised by sub-paragraph (2)—

article 43 3 a + (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

article 43 3 b + (b)the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

(4) The authority given by sub-paragraph (2) constitutes a deemed consent under the relevant tree preservation order.

(5) Any dispute as to a person’s entitlement to compensation under sub-paragraph (3), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.