The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
54 Trees subject to tree preservation orders
(1) The undertaker may fell, lop, prune or cut back the roots of— (a) any tree subject to a tree preservation order within the area edged and shaded green and labelled “area of TPO trees to be removed (including tree canopy)” on the plan of potentially affected hedgerows and trees subject to preservation orders; and (b) any other tree within the Order limits subject to a tree preservation order, if it reasonably believes it to be necessary in order to do so to prevent the tree— (i) from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised project or any apparatus used in connection with the authorised project; or (ii) from constituting a danger to persons constructing, maintaining, operating or decommissioning the authorised project. (2) In carrying out any activity authorised by paragraph (1)(b) the undertaker must— (a) obtain the written approval of the relevant planning authority prior to that activity taking place; and (b) do no unnecessary damage to any tree in respect of which the activity is carried out. (3) In carrying out any activity authorised by paragraph (1)— (a) the undertaker must do no unnecessary damage to any tree or shrub; (b) the undertaker must pay compensation to any person for any loss or damage arising from such activity; (c) the duty in section 206(1) (replacement of trees) of the 1990 Act does not apply; and (d) for the purposes of section 9 (requirement of licence for felling) of the 1967 Act any felling comprised in carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development, is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act. (4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order. (5) Any dispute as to a person’s entitlement to compensation under paragraph (1), or as to the amount of compensation, must be determined as if it were a dispute under Part 1 of the 1961 Act.
54 Trees subject to tree preservation orders
(1) The undertaker may fell, lop, prune or cut back the roots of— (a) any tree subject to a tree preservation order within the area edged and shaded green and labelled “area of TPO trees to be removed (including tree canopy)” on the plan of potentially affected hedgerows and trees subject to preservation orders; and (b) any other tree within the Order limits subject to a tree preservation order, if it reasonably believes it to be necessary in order to do so to prevent the tree— (i) from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised project or any apparatus used in connection with the authorised project; or (ii) from constituting a danger to persons constructing, maintaining, operating or decommissioning the authorised project. (2) In carrying out any activity authorised by paragraph (1)(b) the undertaker must— (a) obtain the written approval of the relevant planning authority prior to that activity taking place; and (b) do no unnecessary damage to any tree in respect of which the activity is carried out. (3) In carrying out any activity authorised by paragraph (1)— (a) the undertaker must do no unnecessary damage to any tree or shrub; (b) the undertaker must pay compensation to any person for any loss or damage arising from such activity; (c) the duty in section 206(1) (replacement of trees) of the 1990 Act does not apply; and (d) for the purposes of section 9 (requirement of licence for felling) of the 1967 Act any felling comprised in carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development, is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act. (4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order. (5) Any dispute as to a person’s entitlement to compensation under paragraph (1), or as to the amount of compensation, must be determined as if it were a dispute under Part 1 of the 1961 Act.
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