The Oaklands Farm Solar Park Order 2025
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Change 1
37 Trees subject to tree preservation orders
(1) The undertaker may fell or lop any tree described in Schedule 13 (trees subject to tree preservation orders) within or overhanging land within the Order limits or cut back its roots, as it relates to the relevant part of the authorised development described in column (3) of that Schedule, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, operation or maintenance of the authorised development or any apparatus used in connection with the authorised development in accordance with the landscape and ecological management plan. (2) In carrying out any activity authorised by paragraph (1)— (a) the undertaker must do no 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. (3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order. (4) 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. (5) The undertaker may not pursuant to paragraph (1) fell or lop a veteran or ancient tree without the prior approval of the local planning authority.
37 Trees subject to tree preservation orders
(1) The undertaker may fell or lop any tree described in Schedule 13 (trees subject to tree preservation orders) within or overhanging land within the Order limits or cut back its roots, as it relates to the relevant part of the authorised development described in column (3) of that Schedule, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, operation or maintenance of the authorised development or any apparatus used in connection with the authorised development in accordance with the landscape and ecological management plan. (2) In carrying out any activity authorised by paragraph (1)— (a) the undertaker must do no 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. (3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order. (4) 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. (5) The undertaker may not pursuant to paragraph (1) fell or lop a veteran or ancient tree without the prior approval of the local planning authority.
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