Cyngor i RWE npower

Ymholiad

• Oddiwrth: RWE npower
• Y dyddiad y rhoddwyd y cyngor: 28 Gorffennaf 2010
• Math o ymholiad: Email

Consent from the LPA is required under these regulations for the removal of hedgerows unless the work falls within an exempt category.

Normally, our work falls under the exemption 6(e) 'Permitted work' of the regulations because either planning permission or deemed planning permission has been granted.

(e) for carrying out development for which planning permission has been granted or is deemed to have been granted, except development for which permission is granted by article 3 of the Town and Country Planning General Permitted Development Order 1995[16] in respect of development of any of the descriptions contained in Schedule 2 to that Order other than Parts 11 (development under local or private Acts or orders) and 30 (toll road facilities);

However, under S33 of the Act, we do not require need planning permission.

The Act allows for many other consent requirements (such as TPOs, felling & lopping of trees under S45 of Schedule 2 of the Model Provisions) but I cannot find any reference to the Hedgerow Regulations.

Can you please advise me whether there is any provision for an exemption to the requirement to serve notice and obtain consent under these regulations?

Cyngor a roddwyd

The Planning Act 2008 does not have the effect of amending the Hedgerow Regulations 1997. We cannot advise on interpretation of Regulation 6(e) of the Regulations and you will need to take your own legal advice as to whether, for the purposes of the Hedgerow Regulations, the effect of s33 of the Planning Act is to deem the grant of planning permission or whether the appropriate written notice as required by Regulation 5 should be obtained from the local planning authority. You may also wish to take legal advice as to whether the hedgerow (depending on the facts) constitutes trees and/or shrubs. Uprooting trees and shrubs can be dealt with by way of a provision in the DCO (in accordance with s120 (3) and Schedule 5 of the Act). It is the applicant's responsibility to identify what powers are required to enable the NSIP to be implemented so we would emphasise the importance of taking your own legal advice on these matters.