A Local Planning Authority can make a Tree Preservation Order. Some trees in a Conservation Area are by law deemed to be subject to a Tree Preservation Order even though an order has not been made in respect of those particular trees. If a person carries out certain acts harmful to a tree which is the subject of a Tree Preservation Order or to a tree which is deemed to be subject to such an order, e.g. cuts it down, uproots it, lops it or otherwise wilfully damages it in such a way as to be likely to destroy it, then that person commits a criminal offence.
Where a tree has been damaged in this way the Local Planning Authority can serve a notice upon the landowner requiring them to replace the tree. If the landowner fails to comply with that notice, they commit a criminal offence.








