Local planning authorities can already make preservation orders to protect trees on Network Rail property, including railway embankments. Local planning authorities can also intervene on proposals by Network Rail to undertake works on such trees. Network Rail, as a statutory undertaker, has an exemption within the legislation to undertake works to protected trees which is necessary for public safety. Otherwise it must apply to the local planning authority for consent to undertake work to its protected trees, as any other person or organisation would.