The Five Estuaries Offshore Wind Farm Order 2025
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Change 1
37 Trees subject to tree preservation orders
(1) Subject to paragraph (2), the undertaker must not fell, lop, prune, or cut back the roots of any tree which is the subject of a tree preservation order except as provided in Schedule 12 Part 1 (tree preservation orders). (2) The undertaker may fell, lop or cut back the roots of any tree within or encroaching upon the Order limits that is subject to a tree preservation order and which is not listed in Schedule 12 Part 1 (tree preservation orders) if the tree preservation order was made after 12 March 2024 and the undertaker reasonably believes it to be necessary in order to do so in order to prevent the tree— (a) from obstructing or interfering with onshore site preparation works for 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. (3) In carrying out any activity authorised by paragraph (2)— (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 (b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply. (4) The authority given by paragraph (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 (determination of questions of disputed compensation) of the 1961 Act. (6) In this article, “tree preservation order” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.
37 Trees subject to tree preservation orders
(1) Subject to paragraph (2), the undertaker must not fell, lop, prune, or cut back the roots of any tree which is the subject of a tree preservation order except as provided in Schedule 12 Part 1 (tree preservation orders). (2) The undertaker may fell, lop or cut back the roots of any tree within or encroaching upon the Order limits that is subject to a tree preservation order and which is not listed in Schedule 12 Part 1 (tree preservation orders) if the tree preservation order was made after 12 March 2024 and the undertaker reasonably believes it to be necessary in order to do so in order to prevent the tree— (a) from obstructing or interfering with onshore site preparation works for 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. (3) In carrying out any activity authorised by paragraph (2)— (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 (b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply. (4) The authority given by paragraph (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 (determination of questions of disputed compensation) of the 1961 Act. (6) In this article, “tree preservation order” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.
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