Despite a last minute legal challenge, Elmbridge Borough Council is set to push ahead with controversial tree felling on Esher Commons, voting through the project by a slim margin.

The proposals had been put on hold while the council considered a document put forward by lawyers on behalf of Blackhills Residents' Association.

It asserted the council had a duty to maintain the amenity value of the commons over and above the project's stated aim of restoring heathland habitats.

But at an extraordinary meeting on Tuesday last week councillors voted 22 for and 17 against the proposals, with four abstentions.

Felling of an initial 56 acres could start as early as September.

Dr Julie Llewelyn, from Esher, who is one of those who oppose the project, said: "What's most noticeable is that only 22 people voted in favour out of 60 councillors who could have.

"We are not resigned to this yet by a long way and, considering we only had five days' notice of this meeting, it's amazing how many people turned up to support us."

According to Dr Llewelyn over 60 people came to the Civic Centre in Esher to protest.

A felling licence has to be issued by the Forestry Commission before the work can begin. The commission will do this if it approves the council's Environment Statement which sets out the likely impact on the environment arising from the project.

It will take five years to cut down the first lot of trees followed by a five-year rest period allowing for a public consultation on the results.

Lyn Carpenter, head of leisure and cultural services at Elmbridge Council, said: "There has been a great debate over this issue with passionate views on both sides. It's safe to say the councillors really care about the commons."

For more information go to www.elmbridge.gov.uk sgreenwood@london.newsquest.co.uk