PART 6  OPERATIONS  Felling or lopping of trees and removal of hedgerows  PART 7  MISCELLANEOUS AND GENERAL  Deemed Marine Licence  Application of landlord and tenant law  ( a ) S.I. 1997/1160.  28 36. —(1) This article applies to—  35.  The undertaker is deemed to have been granted the licence under Part 4 of the 2009 Act  contained in Schedule 8 to this Order, to carry out works and make the deposits described in that  licence and subject to the licence conditions which are deemed to have been attached to the  licence by the Secretary of State under Part 4 of the 2009 Act.  34. —(1) The undertaker may fell or lop any tree or shrub within or overhanging land within 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—  (3) The undertaker may, for the purposes of carrying out the authorised development but subject  to paragraph (2), remove any hedgerow described in Part 1 (hedgerows) of Schedule 9.  (4) The undertaker may, for the purposes of carrying out the authorised development but subject  to paragraph (2), remove any hedgerow which is not described in Part 1 of Schedule 9 with the  prior consent of the relevant planning authority.  (5) In carrying out any activity authorised by paragraph (3) or (4), the undertaker must pay  compensation to any person for any loss or damage arising from such activity.  (6) Any dispute as to a person’s entitlement to compensation under paragraph (2) (or (5), or as  to the amount of compensation, is to be determined under Part 1 of the 1961 Act.  (7) In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997( a )  and includes important hedgerows for the purposes of those regulations.  (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; or  (b) from constituting a danger to persons using the authorised development.  (a) must do no unnecessary damage to any tree or shrub;  (b) must not fell or lop any tree or shrub within or overhanging land within the Order limits  or cut back its roots if the tree or shrub is identified as being retained in the environmental  statement unless the undertaker reasonably believes it to be necessary to do so for the  purposes of the construction or operation of the authorised development and provided that  the Secretary of State is satisfied that the felling, lopping or cutting back of roots would  not give rise to any materially new or materially different environmental effects in  comparison with those reported in the environmental statement; and  (c) must pay compensation to any person for any loss or damage arising from such activity.  (2) In carrying out any activity authorised by paragraph (1), the undertaker— 