Tandridge District Council is seeking to prosecute two companies for allegedly killing off four protected trees in land off Chichele Road.
The district council decided on Wednesday, August 21 to take legal action against Village Developments Pls and ATC Arbiculturalists Ltd.
The four oak trees were ring-barked in March this year shortly after a Tree Preservation Order (TPO) was placed on them.
Developers want to use the privately-owned land to build 140 homes, something a number of residents oppose.
The district council's chief planning officer, Piers Mason, said: "The Council has examined the evidence and considers bringing a prosecution is both proportionate and in the public interest.
"The council has instigated proceedings against Village Developments Plc and ATC Arbiculturalists Ltd for the offence of breaching the tree preservation order."
