Increase the penalty for developers and landowners who remove trees illegally.

It is too easy for a developer to illegally remove trees including, but not only, trees with TPOs and receive a small fine which in no way reflects the value of trees or the profit the developer can gain. We want the financial penalty increased and severe restrictions placed on the lands future use.

Trees take decades or centuries to reach maturity. They absorb carbon and expel oxygen, provide shade for humans and habitat for numerous organisms. A developer who illegally fells a group of trees, even those protected by a Tree Preservation Order, can expect a fine of a few thousand pounds and an order to "replace" the trees. As well as a bigger financial penalty and replacement order, the land should be passed to a public trust for 100 years. This will make developers think twice.

In the 25 Year Environment Plan we committed to increase protection for existing trees and forests. We have strengthened protection for ancient woodlands through the new National Planning Policy Framework, under which development on ancient trees is prohibited except in wholly exceptional circumstances. There are already strong measures in place to punish breaches of Tree Preservation Orders (TPOs). Unlimited fines can be imposed for lopping or felling a protected tree, allowing courts to take into account any financial benefit which has resulted, or is likely to result, from the offence. The local authority can also require landowners to replace trees removed or destroyed in contravention of a TPO.

We have proposed measures in the Environment Bill to improve protection for our street trees and deter illegal felling, including by developers. The current felling licence system works well for the most part, and the Forestry Commission is able to tackle most cases it encounters. However, while illegal felling rates are relatively low, no illegal felling is acceptable.

We have put forward measures in the Environment Bill to help the Forestry Commission tackle and deter the most challenging cases of modern tree felling. These would increase the deterrent for illegal felling and provide enhanced enforcement powers where required.

Proposed forestry enforcement measures build on those used for TPOs by increasing fines for illegal felling (to unlimited fines); introducing a Restocking Order to be made by the courts and allowing for the Forestry Commission to list Restocking Notices and Enforcement Notices on the Local Land Charges register. The purpose and effect of these measures is outlined below.