The Steeple Renewables Project Order 2026
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Change 1
34 Felling or lopping of trees or removal of hedgerows
(1) The undertaker may fell or lop any tree, or shrub within or overhanging the Order limits, 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— (a) do no unnecessary damage to any tree or shrub; (b) ensure all works are carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards; and (c) 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 as if it were a dispute under Part 1 of the 1961 Act. (4) The undertaker may, for the purposes of the authorised development— (a) remove those parts of the important hedgerows within the Order limits and specified in Schedule 9 Part 1 (removal of important hedgerows); and (b) remove those parts of the hedgerows as are within the Order limits and specified in Schedule 9 Part 2 (removal of hedgerows) (5) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows or important hedgerows or shrub within the extent of the publicly maintainable highway without the prior consent of the highway authority. (6) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997.
34 Felling or lopping of trees or removal of hedgerows
(1) The undertaker may fell or lop any tree, or shrub within or overhanging the Order limits, 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— (a) do no unnecessary damage to any tree or shrub; (b) ensure all works are carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards; and (c) 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 as if it were a dispute under Part 1 of the 1961 Act. (4) The undertaker may, for the purposes of the authorised development— (a) remove those parts of the important hedgerows within the Order limits and specified in Schedule 9 Part 1 (removal of important hedgerows); and (b) remove those parts of the hedgerows as are within the Order limits and specified in Schedule 9 Part 2 (removal of hedgerows) (5) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows or important hedgerows or shrub within the extent of the publicly maintainable highway without the prior consent of the highway authority. (6) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997.
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