Tree Work in Birling Place Conservation Area
Tree work in Birling Place Conservation Area (designated 1993) requires 6 weeks' written notice to Tonbridge and Malling Borough Council before cutting down, topping, lopping or uprooting most trees — any tree with a trunk diameter over 7.5cm measured at 1.5m above ground. This applies even when the tree has no individual Tree Preservation Order.
Boundary of Birling Place Conservation Area, designated by Tonbridge and Malling Borough Council in 1993. Boundary data is indicative, not definitive — confirm with Tonbridge and Malling Borough Council before relying on it.
The 6-week notice rule (Section 211)
Trees in conservation areas are protected by Section 211 of the Town and Country Planning Act 1990. Before working on a tree in Birling Place Conservation Area you must give Tonbridge and Malling Borough Council 6 weeks' written notice describing what you intend to do. The council then has three options: make a Tree Preservation Order (blocking or limiting the work), consent to the work, or let the 6 weeks pass — after which you may proceed, within 2 years of the notice.
About Birling Place Conservation Area
- Planning authority
- Tonbridge and Malling Borough Council
- Designated
- 1993
- Reference
- 2316
Read more about the rules
Our guide to tree work in conservation areas covers exemptions, penalties and how Section 211 notices interact with Tree Preservation Orders.
Frequently Asked Questions
Do I need permission to prune or cut down a tree in Birling Place Conservation Area?
You must give Tonbridge and Malling Borough Council 6 weeks' written notice (a Section 211 notice) before cutting down, topping, lopping or uprooting most trees in Birling Place Conservation Area. The council uses that time to decide whether the tree deserves a Tree Preservation Order. You don't need to wait for permission as such — but you cannot start work until the 6 weeks pass or the council responds, whichever is sooner.
Which trees are covered by the rules in Birling Place Conservation Area?
Any tree in the conservation area with a trunk diameter over 7.5cm, measured at 1.5m above the ground (10cm if you're thinning to help other trees grow). Smaller trees, hedges and shrubs are generally exempt, as is work on dead or dangerous trees — though you should still notify the council and be able to prove the exemption applied.
What happens if I do tree work in Birling Place Conservation Area without notice?
Unauthorised work on a tree in a conservation area carries the same penalties as breaching a Tree Preservation Order: an unlimited fine if the tree is destroyed, and up to £2,500 for other unauthorised work. Courts also take account of any financial benefit gained. A replacement tree can be required.
How do I submit a Section 211 notice to Tonbridge and Malling Borough Council?
Submit the notice in writing to Tonbridge and Malling Borough Council. Describe the work, identify the tree(s), and keep proof of the date you gave notice. Most planning authorities accept Section 211 notices through their planning portal or by email to the planning department.
Nearby conservation areas
Conservation-area data from planning.data.gov.uk — © Crown copyright and database right 2026, © Historic England 2026. Licensed under the Open Government Licence v3.0. Data is indicative, not definitive: the designating authority holds the legal record. See our data sources.