A NEWLY-founded residents' association for Heath End has come up against its first campaign as local people battle to save a long-established garden from what they claim is destruction by the current land owner. The property, at 21 Wellington Lane, has been described as a "wild bird sanctuary" by the acting chairman of the Heath End Neighbourhood Group, which wants to stop the owner from chopping it down. Although the group has only been formed for a few weeks, members have already set about obtaining a tree preservation order for an old lilac tree and sent a 120-strong petition to Waverley voicing their concern. Winifred Herd, acting chairman for the fledgling group, told The Herald that the owner's tree-felling activities in May this year were illegal as they took place during the bird nesting period. After informing Surrey Wildlife, tree surgeons were removed but the owner later began "clumsily hacking down" a 50-year-old lilac tree until that activity was also stopped. "He was persuaded, by various authorities, to cease further clearance until after the bird-nesting season and once again the birds have returned to the garden," said Mrs Herd. "However, what's going to happen in the next week or two when the season comes to an end? We're going to lose a beautiful piece of green land that has been there for years, helping many bird species to flourish in the local area. "This shouldn't be allowed to happen, which is why we desperately need to obtain a TPO for the lilac tree as we know that it has been in existence for more than 50 years and was a valued local feature until the recent damage." Despite the best efforts of the Heath End Neighbourhood Group, Waverley Borough Council has said it is not legally in a position to intervene and has no control over the removal of the vegetation. The residents believe that the owner plans to clear the land in the next week or two before putting in an application for planning permission. In desperation, Mrs Herd and her members have sent letters to 100 residents in the area urging them to voice their distress to their local councillors. "It just seems that if somebody purchases a property then they can raze it to the ground and even cover it with concrete if they like and that it's completely legal to do that. We must put a stop to this or lose a valuable and beautiful local environment forever." A spokesman for Waverley Borough Council explained that due to the nature of the lilac tree, it was classed as hedgerow and would not be eligible for a Tree Preservation Order. "We can't put TPOs on a hedgerow as technically it is classed as a bush and not a tree," he said. Despite the rejection of the group's plea by Waverley Borough Council, the Heath End Neighbourhood Group is battling on regardless and has now enlisted the help of local MP Jeremy Hunt. Mr Hunt has described the lilac tree as a "valued feature" of the neighbourhood landscape and has attempted to change the council's mind over the refusal to grant a TPO. "The hedge has been in existence for 50 years, acting as a sanctuary for wild birds, so I can understand the residents' concern," he said. "I have written to the Tree Officer at Waverley stressing the level of residents' concerns and asking that he reconsiders his decision that the council has no control over the removal of the hedge as a matter of urgency."