A mother who illegally felled a protected tree in her driveway because it was a “nuisance” across her street has been spared a fine.
Kelly Palmer, 40, was all smiles as she left court after admitting paying a tree surgeon to cut down the giant ash as it blocked drains and regularly hit her home in Shirley, West Midlands.
Solihull Council prosecuted the project manager and her husband Anthony Palmer, who was eventually cleared of wrongdoing after an anonymous complaint.
Birmingham Magistrates’ Court heard the ash was protected by a tree protection order in the 1990s before the couple’s house was built, and the authority refused their previous request to remove it in 2017.
But last September, the council received notice that it had been withdrawn without their consent.
Ms Palmer pleaded guilty to breaching the provisions of the regulations and was granted a conditional discharge on Friday 21 June. The same offense was withdrawn against Mr Palmer after he denied it.
Andrew Burton, prosecuting, said: “In 2017 Mr Palmer applied to the council for permission to remove. This was rejected because the value of the tree was high. It was mature and in good health and felled 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 warning letter was sent to Mr and Mrs Palmer with a number of questions.
” replied Mrs. Palmer. She cooperated fully with the council. She explained that she was approached at home by a tree surgeon who said he works in the area and noted how large and close the tree was to their house with branches overhanging the sidewalk.
“He said that the ash dieback had caused most of the trees to be removed and he was extremely surprised that it was still there. He recommended removal because of the problems they were having. She had no contact information. She agreed on a price and a date and paid in cash.’
An August 2022 photo of a tree towering over a street 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 fully grown, the ash tree was 4.5 meters (14.8 ft) from the front door. It blocked the drains, there is evidence of that.
“It bothered the neighbors and there are letters from both the tenant and the occupier (of the property next to the Palmers). It caused a disturbance and you can tell the branches are real when the wind hits their house.
“Their daughter had the front bedroom. Recently, she couldn’t sleep because of the strong wind 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 in fact evidence of ash dying back on the tree – as the 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.