The Helios Renewable Energy Project Order 2025
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Change 1
37 Felling or lopping of trees or removal of hedgerows
(1) The undertaker may fell or lop any tree, or shrub within the Order limit, 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; (b) from constituting a danger to persons using the authorised development; or (c) obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of 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 or in connection with the authorised development, subject to paragraph (2) and requirement 10, undertake works to remove or manage any hedgerows within the Order limits. (5) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority. (6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997.
37 Felling or lopping of trees or removal of hedgerows
(1) The undertaker may fell or lop any tree, or shrub within the Order limit, 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; (b) from constituting a danger to persons using the authorised development; or (c) obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of 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 or in connection with the authorised development, subject to paragraph (2) and requirement 10, undertake works to remove or manage any hedgerows within the Order limits. (5) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority. (6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997.
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