The Beacon Fen Energy Park Order 2026
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Change 1
42 Felling or lopping of trees or removal of hedgerows
(1) Subject to paragraphs (2) and (6), the undertaker may fell or lop any tree or shrub near any part of the authorised development, or cut back its roots, 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, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development; or (b) from constituting a danger to persons using the authorised development. (2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must 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, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (4) The undertaker may, for the purposes of the authorised development and subject to paragraph (2)— (a) remove those parts of the important hedgerows within the Order limits and specified in column 2 of the table in Part 1 (removal of important hedgerows) of Schedule 13 (hedgerows) as shown on the vegetation removal plan for the purpose specified in relation to the relevant hedgerow in column 3 of that table; and (b) remove those parts of the hedgerows as are within the Order limits and specified in column 2 of the table in Part 2 (removal of hedgerows) of Schedule 13 (hedgerows) as shown on the vegetation removal plan for the purpose specified in relation to the relevant hedgerow in column 3 of that table. (5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997. (6) The undertaker may fell or lop any tree that is subject to a tree preservation order within or overhanging land within the Order limits or cut back its roots if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development. (7) In carrying out any activity authorised by paragraph (6)— (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. (8) The authority given by paragraph (6) constitutes a deemed consent under the relevant tree preservation order. (9) Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (10) Paragraphs (1) to (9) are subject to paragraphs 7, 8 and 12 of Part 1 (requirements) of Schedule 2.
42 Felling or lopping of trees or removal of hedgerows
(1) Subject to paragraphs (2) and (6), the undertaker may fell or lop any tree or shrub near any part of the authorised development, or cut back its roots, 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, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development; or (b) from constituting a danger to persons using the authorised development. (2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must 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, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (4) The undertaker may, for the purposes of the authorised development and subject to paragraph (2)— (a) remove those parts of the important hedgerows within the Order limits and specified in column 2 of the table in Part 1 (removal of important hedgerows) of Schedule 13 (hedgerows) as shown on the vegetation removal plan for the purpose specified in relation to the relevant hedgerow in column 3 of that table; and (b) remove those parts of the hedgerows as are within the Order limits and specified in column 2 of the table in Part 2 (removal of hedgerows) of Schedule 13 (hedgerows) as shown on the vegetation removal plan for the purpose specified in relation to the relevant hedgerow in column 3 of that table. (5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997. (6) The undertaker may fell or lop any tree that is subject to a tree preservation order within or overhanging land within the Order limits or cut back its roots if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development. (7) In carrying out any activity authorised by paragraph (6)— (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. (8) The authority given by paragraph (6) constitutes a deemed consent under the relevant tree preservation order. (9) Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (10) Paragraphs (1) to (9) are subject to paragraphs 7, 8 and 12 of Part 1 (requirements) of Schedule 2.
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