The latest move in the chop-again, stop-again saga comes after legal advice, revealed in the Newcastle Herald last week, that a September 13 vote to conduct an independent assessment of the trees was unlawful.

Cr Graham Boyd said he had since lodged a motion to stop the independent assessment, and it would be debated next Tuesday night.

Revoking the independent assessment would effectively mean the council reverts to an earlier decision to ‘‘remove the trees as soon as practical’’ and could mean they are chopped as early as next Wednesday.

Cr Boyd said yesterday he lodged the rescission motion because of legal advice a Senior Counsel had given the council that the vote for independent assessment was contrary to the Local Government Act.

He said council officers had reviewed the motion to ‘‘make sure that it was quite kosher’’.

Next Tuesday’s vote will be the 12th time councillors have debated the trees’ future during the $750,000 affair.

Because the numbers in the council chamber are so tight, previous council decisions have been altered at times when councillors were not present to vote.

The Newcastle Herald understands that Cr Boyd’s rescission motion has the support of a majority of the chamber.

Members of a council reference group met with Save Our Figs representatives last week and were making progress towards finding an independent expert to assess risk studies.

It is unclear whether that process will be halted in the meantime.