39.—(1) [F1Subject to paragraphs (4) and (5)], the undertaker may fell or lop any tree or shrub F2... 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 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) Without limitation on the scope of paragraph (1), the undertaker may remove any tree within a conservation area within the Order limits that is specified in Part 1 (trees in conservation areas) of Schedule 11 (falling or lopping of trees and removal of hedgerows).
(3) The undertaker may, for the purposes of carrying out the authorised development but subject to [F3paragraph (5)], remove or manage any hedgerow within the Order limits and specified in Part 2 of Schedule 11 (hedgerows to be removed or managed) that is required to be removed or managed.
[F4(4) The undertaker may remove fell or lop, or cut back the roots of, any tree or shrub comprised in ancient woodland within or overhanging the limits of deviation of Work No. 3, Work No. 4 or Work No.5, 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.]
[F5(5)] In carrying out any activity authorised by [F6paragraphs (1), (2), (3) or (4)] 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.
[F7(6)] Any dispute as to a person’s entitlement to compensation under [F8paragraph (5)], or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.
[F9(7)] In this article “hedgerow” includes a hedgerow to which the Hedgerow Regulations 1997(1) apply and includes important hedgerows.
Textual Amendments
F1Words in art. 39(1) substituted (21.10.2020) by The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
F2Words in art. 39(1) omitted (21.10.2020) by virtue of The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
F3Words in art. 39(3) substituted (21.10.2020) by The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
F4Art. 39(4) inserted (21.10.2020) by The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
F5Art. 39(4) renumbered as art. 39(5) (21.10.2020) by The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
F6Words in art. 39(5) substituted (21.10.2020) by The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
F7Art. 39(5) renumbered as art. 39(6) (21.10.2020) by The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
F8Words in art. 39(6) substituted (21.10.2020) by The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
F9Art. 39(6) renumbered as art. 39(7) (21.10.2020) by The M42 Junction 6 Development Consent (Correction) Order 2020 (S.I. 2020/1164), art. 1, Sch.
Commencement Information
I1Art. 39 in force at 11.6.2020, see art. 1