Developers have been accused of “jumping the gun” and cutting down around 30 trees on top of an ancient monument.

The felling on The Fosse, which was undertaken by Churchill Retirement Living who are building a 34-home retirement complex next door, was done without the benefit of planning permission.

It has sparked a petition signed by more than 501 Tonbridge residents.

But the construction company says works have been carried out in line with a submitted management plan, no breaches have occurred and the trees “will grow back”.

The firm had received a general grant of planning permission back in May 2023.

One of the conditions was that before any apartment was occupied, they would have a management plan for that part of the site known as The Fosse, approved by Tonbridge and Malling Borough Council (TMBC).

The Fosse — also known as Town Banks — is an earth bund that once formed part of the original medieval defence wall for Tonbridge, in connection with Tonbridge Castle, and is listed as a scheduled ancient monument.

The company had held negotiations with Historic England - the government quango responsible for hundreds of the nation’s historic sites.

They had advised the trees on The Fosse should be cleared to make it more visible because they are clearly “intrusive elements” and would never have been there during its construction and use, and indeed would have “rendered it obsolete as an effective defence”.

Historic England said: “They thus severely detract from its significance and, from a management point of view, they should be removed.”

However, the management plan for The Fosse submitted by Churchill had not yet been agreed by the council, even though it was submitted last March.

And residents have taken exception to the “appalling” state they say the site has been left in.

Cllr Mark Hood, Green party councillor for Judd Ward, said: “I was hoping we could agree an incremental management plan, whereby the trees would be removed only as they became diseased or reached the end of their life, rather than in one fell swoop.

“That is the system the council itself is employing at Tonbridge Castle.

“In any case, the contractors went in with heavy machinery- they should have used special matting to spread the load and protect the site, but they didn’t.”

Tonbridge and Malling’s enforcement team visited the site and requested all work be stopped pending a negotiated solution.

Cllr Hood said: “It looks appalling! The council should also be considering not just the heritage aspects, but also the effect on biodiversity - this is destroying wildlife habitat.

“It’s heart-breaking. The council has a policy of trying to plant new trees across the borough, but here a green lung is being grubbed up.”

The tree-felling has upset neighbours to the site, including Dane Whitehurst whose bedroom looks out across The Fosse.

He said: “They arrived without warning and by the end of the next day 50% of the trees were down. It’s a total mess.

“There was no thought for the animals or wildlife that lived there.

“The area has just been flattened - it is an absolutely unforgivable travesty.”

Mr Whitehurst added: “Churchill massively jumped the gun.

“The council has stopped the work now, but the trees have nearly all gone.

“Of course, we can’t undo what has already been done, but the firm should be compelled to replant the area.”

He has launched an online petition to that effect, that has already garnered more than 500 signatures.

A spokesman for TMBC said: “The Fosse is a Scheduled Ancient Monument and therefore extensive conditions were put in place to ensure its protection when permission was granted for this development.

“We are aware of concerns that have been raised about the tree work that has started on site. “It should be emphasised that this is mainly coppicing work, rather than tree removal.

“Our enforcement team has visited and spoken with the contractors who have voluntarily paused coppicing and related work, subject to our approving a management plan covering a range of areas including ground and tree protection.

“We are in close contact with both the developers and contractors and will continue to monitor the site closely to ensure all activities comply with the planning permission and conditions that apply to this development.”

We take very seriously our commitments to the natural habitat and biodiversity where our communities are located

A spokesman for Churchill Retirement Living said: “We take very seriously our commitments to the natural habitat and biodiversity where our communities are located.

“The work in Tonbridge has seen a number of trees and shrubs cut back to ground level, what is termed as ‘coppicing’.

“Cutting back in this way is an accepted - and in some cases essential - practice in the management of certain natural habitats.

“It is not the case that the trees and shrubs have been removed – they remain in place and will grow back. It is also not the case that any Tree Preservation Orders have been breached.

“The work done is entirely consistent with the land management plan that we submitted to the council in March 2024.

“Since then we have been working with them to confirm details of the plan, culminating in an ecological update which took place in January of this year to check nothing had changed in the twelve months since the plan was submitted.

“The ecological update identified four trees where bats were likely to be hibernating, and accordingly those trees have been left untouched.

“Of the remaining trees which were safe to coppice, this work had to be done before March when bird nesting activity begins.

“The work was carried out by a highly regarded, professional tree care consultancy.”

Find out about planning applications that affect you at the Public Notice Portal.

Churchill’s original grant pf planning permission can be found on the TMBC website under application number 21/01911.

The planning application awaiting approval for a management plan for The Fosse can be found under application number 24/00326.

Under the Wildlife and Countryside Act, trees can not be interfered with during the bird nesting season which runs from early March to late August.