The Five Estuaries Offshore Wind Farm Order 2025
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Change 1
36 Felling or lopping of trees and removal of hedgerows
(1) Subject to article 37 (trees subject to tree preservation orders), the undertaker may fell or lop any tree or shrub, or cut back its roots, within or encroaching upon land within the Order limits 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 within the authorised development. (2) In carrying out any activity authorised by paragraph (1), the undertaker must— (a) do no unnecessary damage to any tree or shrub; and (b) pay compensation to any person for any loss or damage arising from such activity. (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2)— (a) remove any hedgerows within the Order limits and specified in Part 2 of Schedule 12 (removal of hedgerows) that are required to be removed for the purposes of carrying out the authorised development; and (b) remove any important hedgerows as are within the Order limits and specified in Part 3 of Schedule 12 (removal of important hedgerows) that are required to be removed for the purposes of carrying out the authorised development. (5) In this article “hedgerow” and “important hedgerow” has the same meaning as in the Hedgerows Regulations 1997.
36 Felling or lopping of trees and removal of hedgerows
(1) Subject to article 37 (trees subject to tree preservation orders), the undertaker may fell or lop any tree or shrub, or cut back its roots, within or encroaching upon land within the Order limits 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 within the authorised development. (2) In carrying out any activity authorised by paragraph (1), the undertaker must— (a) do no unnecessary damage to any tree or shrub; and (b) pay compensation to any person for any loss or damage arising from such activity. (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2)— (a) remove any hedgerows within the Order limits and specified in Part 2 of Schedule 12 (removal of hedgerows) that are required to be removed for the purposes of carrying out the authorised development; and (b) remove any important hedgerows as are within the Order limits and specified in Part 3 of Schedule 12 (removal of important hedgerows) that are required to be removed for the purposes of carrying out the authorised development. (5) In this article “hedgerow” and “important hedgerow” has the same meaning as in the Hedgerows Regulations 1997.
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