A HOUSING developer could be prosecuted after felling more than 30 trees protected by a preservation order.

Bolton Council is gathering evidence for possible legal action after serving Ascot Environmental with a county court injunction.

Howard Barritt, head of planning control at Bolton Council, said the developers - who are building three luxury detached homes off High Bank Lane, Lostock - refused to stop felling the trees last week.

He said permission to remove several trees in Low End had been granted - but not to fell trees in the adjoining Old Hall Clough woodlands.

Mr Barritt said: "They shouldn't have been starting to develop on site until various matters had been agreed.

"We couldn't get agreement from them to stop felling, so the injunction to make them stop was obtained on Friday. Officers are producing evidence to prosecute the firm on the basis that we don't believe they had consent to fell the trees.

"We have never had to serve an injunction before. Normally, it is sufficient to say there is potential for prosecution."

Elaine Williams, who lives at High Bank Lane, near the development, said the woodland, which is several hundred years old, is home to a rich array of wildlife.

She said: "I saw four deer in the woodland the other day, it is a magnificent place and brings real joy to the residents. JCB diggers have removed the undergrowth too. The residents are very worried about the evironmental impact of the tree felling."

There is a maximum £20,000 fine for felling a tree under a preservation order.

Jim Hennessey, Ascot Environmental managing director, denied his company had done anything wrong and said the council had given permission to fell the trees.

Vowing to fight any legal action, he said: "There was a schedule for the tree felling submitted with the planning application. Work started two weeks ago and we definitely have permission for it."