SCHEDULES
SCHEDULE 2Works
Part 1Further and supplementary provisions
Trees on neighbouring land
7
1
This paragraph applies where—
a
a tree overhangs land used for Phase One purposes, or
b
the roots of a tree encroach on such land.
2
The nominated undertaker may by notice to the occupier of the land on which the tree is growing (a ““tree works notice””) require the tree to be removed, topped or lopped, or its roots to be cut back, if it is necessary for that to be done—
a
to enable works authorised by this Act to be constructed or maintained, or
b
for reasons of safety in connection with such works or the operation of Phase One of High Speed 2.
3
The person to whom a tree works notice is given may object to the notice by giving the nominated undertaker a counter-notice to that effect before the end of 28 days beginning with the day on which the tree works notice is given.
4
If a counter-notice is given, the tree works notice has no effect unless confirmed by an order of the county court.
5
The nominated undertaker may carry out the works required by a tree works notice if the notice has been in effect for a continuous period of at least 28 days and has not been complied with.
6
Where the power under sub-paragraph (5) is exercisable, the nominated undertaker may, after giving 7 days' notice to the occupier of the land on which the tree concerned is growing, enter the land for the purpose of exercising the power in relation to it.
7
If the nominated undertaker tops or lops a tree, or cuts back the roots of a tree, in exercise of the power under sub-paragraph (5), it must do so—
a
in accordance with good arboricultural practice, and
b
in such a way as to cause the minimum of damage to the tree.
8
The following do not apply to works required by a tree works notice—
a
an order under section 198(1) or 202(1) of the Town and Country Planning Act 1990 and regulations under section 202A(1) of that Act (tree preservation orders);
b
section 211(1) and (5) of that Act (preservation of trees in conservation areas).