34.—(1) The undertaker may, for the purposes of the authorised project, remove any hedgerows within the Order limits, specified in Schedule 10 (removal of hedgerows) and identified on the hedgerow plans that may be required for the purposes of carrying out the authorised project.
(2) In paragraph (1), “hedgerow” has the same meaning as in the Hedgerows Regulations 1997(1).
(3) 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, in order to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.
(4) In carrying out any activity authorised by paragraph (3)—
(a)the undertaker must not do unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the activity; and
(b)the duty contained in section 206(1) of the 1990 Act (replacement of trees) does not apply(2).
(5) The authority given by paragraph (3) constitutes a deemed consent under the relevant tree preservation order.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (4), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.
Section 206(1) was amended by paragraph 11 of Schedule 8 to the Planning Act 2008.