Kelly Palmer, 40, of Birmingham, admitted she paid a tree surgeon to cut down a huge ash tree outside her home despite knowing it was under a protection order.
A mum smiled in court after avoiding a fine for cutting down a giant tree in her driveway which she knew had a tree protection order to protect it.
Kelly Palmer admitted she paid a tree surgeon to rip up the imposing Ash – which was said to be a nuisance to the entire street – because it regularly crashed into her home in Shirley, Birmingham. He claimed the noise was such a problem that it woke her young daughter.
Her removal of the tree prompted an anonymous complaint to Solihull Council, which prosecuted the 40-year-old project manager, as well as her husband Anthony Palmer, who was eventually cleared of wrongdoing. Birmingham Magistrates’ Court heard that the ash was protected by a tree protection order in the 1990s even before the couple’s home in Wiseacre Croft was built.
But in September last year, BirminghamLive reported that the council was alerted that it had been withdrawn without their consent. Ms Palmer admitted breaching the regulations but was given a conditional discharge on Friday 21 June. The same offense was withdrawn against Mr Palmer after he denied it.
Andrew Burton, prosecuting, said: “Permission to remove was sought from the council by Mr Palmer in 2017. It was refused as the value of the tree was high. It was mature and in good health and felling would be a significant loss of streetscape and visual amenity.
“There was no sufficient reason to justify it. There would have been a right of appeal but it was not exercised.” He continued: “In September 2023 the council received an anonymous tip that the tree had been felled. A notice letter was sent to the Palmers with a number of questions.
“Mrs Palmer responded. She co-operated fully with the council. She explained that she had been approached at home by a tree surgeon who said he worked in the area and noted how large and close the tree was with overhanging branches to the street.” footpath.
“He told her that the ash dieback had caused most of the trees to be removed and he was very surprised that it was still there. He recommended removal because of the problems they were having. She had no contact information. She negotiated a price and date and paid.” cash.” A photograph of the tree towering over the street from August 2022 remains on Google Street View. Neil Davis, defending, explained that the TPO was granted in 1995, almost a decade before the couple’s house was built in 2004.
He said: “The difficulties and problems the tree has caused the family are numerous. When it was fully grown the ash tree was 4.5 meters (14.8ft) from the front door. It was blocking the drains, there is evidence of that. It was causing a nuisance to the neighbors and they are there letters from both tenant and occupier (property next to the Palmers, it caused a disturbance and you can tell the branches are actually there when the wind hits their house).
“Their daughter had a front bedroom. On recent occasions she was unable to sleep due to strong winds and was frightened by a tree knocking on the window. They had to move her out of the bedroom.” Mr Davis added that there was evidence that Ash was dying back on the tree – as the tree surgeon allegedly claimed – and that other trees which had been subject to the same TPO had been removed by the council.
He pointed out that Ms. Palmer pleaded guilty, cooperated with authorities, had no prior convictions and that the court summons itself had been a distressing experience for the couple. “They’ve suffered enough,” the lawyer said.
Chair of the bench Alex Yip told Ms Palmer she could “put herself out of her misery” as she would be spared the fine. He said she “knowingly took this action” but the full circumstances of the case meant the court could impose a 12-month conditional discharge. However, Ms Palmer was ordered to pay £250 in costs and a £26 victim surcharge.