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The Ferrybridge Multifuel 2 Power Station Order 2015

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Felling or lopping of trees

14.—(1) 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 that it is necessary to do so to prevent the tree or shrub—

(a)from obstructing or interfering with the construction, maintenance or operation 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.

(2) In carrying out any activity authorised by paragraph (1) the undertaker may not cause unnecessary damage to a tree or shrub.

(3) The undertaker must compensate any person who sustains loss or damage by reason of the exercise of the authority conferred by this article for that loss or damage.

(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or any dispute as to the amount of compensation, is to be determined under Part 1(determination of questions of disputed compensation) of the 1961 Act.

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