The North Falls Offshore Wind Farm Order 2026
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Change 1
39 Trees subject to tree preservation orders
(1) The undertaker may fell or lop or cut back the roots of any tree within or overhanging land within the Order limits subject to a tree preservation order, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development. (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, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (5) In this article, “tree preservation order” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.
39 Trees subject to tree preservation orders
(1) The undertaker may fell or lop or cut back the roots of any tree within or overhanging land within the Order limits subject to a tree preservation order, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development. (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, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (5) 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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