The Walney Extension Offshore Wind Farm Order 2014
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Change 1
34 Trees subject to tree preservation orders
(1) The undertaker may fell or lop any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after 28th June 2013, 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 or operation of the authorised project or any apparatus used in connection with the authorised project. (2) In carrying out any activity authorised by paragraph (1)— (a) the undertaker shall do no unnecessary damage to any tree and shall pay compensation to any person for any loss or damage arising from such activity; and (b) the duty contained in section 206(1) of the 1990 Act (replacement of trees) shall not apply. (3) The authority given by paragraph (1) shall constitute 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, shall be determined under Part 1 of the 1961 Act.
34 Trees subject to tree preservation orders
(1) The undertaker may fell or lop any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after 28th June 2013, 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 or operation of the authorised project or any apparatus used in connection with the authorised project. (2) In carrying out any activity authorised by paragraph (1)— (a) the undertaker shall do no unnecessary damage to any tree and shall pay compensation to any person for any loss or damage arising from such activity; and (b) the duty contained in section 206(1) of the 1990 Act (replacement of trees) shall not apply. (3) The authority given by paragraph (1) shall constitute 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, shall be determined under Part 1 of the 1961 Act.
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