The National Grid (Bramford to Twinstead Reinforcement) Order 2024
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Change 1
48 Trees subject to Tree Preservation Orders
(1) The undertaker may fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width, any tree described in Schedule 13 (trees subject to tree preservation orders) and identified on the trees and hedgerows to be removed or managed plans, or cut back its roots, if it reasonably believes it to be necessary in order to do so to prevent the tree— (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 constructing, maintaining, or operating the authorised development. (2) The undertaker may fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width, any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after 31 January 2023, or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree— (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 constructing, maintaining, or operating the authorised development. (3) In carrying out any activity authorised by paragraph (1) or (2)— (a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any damage arising from such activity; and (b) the duty in section 206(1) of the 1990 Act (replacement of trees) does not apply. (4) The authority given by paragraphs (1) and (2) constitutes a deemed consent under the relevant tree preservation order. (5) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.
48 Trees subject to Tree Preservation Orders
(1) The undertaker may fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width, any tree described in Schedule 13 (trees subject to tree preservation orders) and identified on the trees and hedgerows to be removed or managed plans, or cut back its roots, if it reasonably believes it to be necessary in order to do so to prevent the tree— (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 constructing, maintaining, or operating the authorised development. (2) The undertaker may fell, lop, prune, cut, trim, coppice, pollard, or reduce in height or width, any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after 31 January 2023, or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree— (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 constructing, maintaining, or operating the authorised development. (3) In carrying out any activity authorised by paragraph (1) or (2)— (a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any damage arising from such activity; and (b) the duty in section 206(1) of the 1990 Act (replacement of trees) does not apply. (4) The authority given by paragraphs (1) and (2) constitutes a deemed consent under the relevant tree preservation order. (5) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.
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