A mother who illegally felled a protected tree in her driveway because it caused a ‘nuisance’ to her entire street has been spared a fine.
Kelly Palmer, 40, smiled as she left court after admitting she paid a tree surgeon to cut down the giant ash because it was blocking the drain and regularly hitting her home in Shirley, West Midlands.
She and her husband Anthony Palmer were reported to city officials after having the tree felled.
Documents seen by MailOnline show that the Palmers – who have a young child – had complained about the damage the roots were doing to the pipes, as well as the health risks posed by bird droppings from the tree. Photos shared with Solihull Council show Mr Palmer’s car covered in rubbish, as well as the tree’s proximity to their daughter’s bedroom.
Birmingham Magistrates’ Court heard the ash had been protected by a Tree Preservation Order in the 1990s before the couple’s home was built, and the authority had rejected their previous request to remove the ash in 2017.
But last September the council was tipped off that it had been removed without their consent.
Ms Palmer pleaded guilty to breaching a provision of the regulations and was conditionally discharged on Friday 21 June. The same fact was withdrawn against Mr Palmer after he denied it.
Kelly Palmer was seen smiling as she left Birmingham Magistrates’ Court after avoiding a fine for cutting down a giant tree in her driveway, which was allegedly a nuisance to the entire street
Mrs Palmer admitted paying a tree surgeon to remove the imposing ash (pictured) because it was blocking the drain and regularly hitting her Shirley home, waking her daughter.
This aerial photo shows how close the ash tree was to the Palmers’ home
Mr Palmer complained that bird droppings (pictured on his car) falling from the tree posed a health hazard
The Palmers also claimed that the tree’s roots damaged the pipes
Andrew Burton, prosecuting, said: “Permission had been sought from the council for removal by Mr Palmer in 2017. This was refused because the utility value of the tree was high. It was mature and in good health, and cutting it down would have been a significant loss to the streetscape and visual amenities.
Ms Palmer (pictured leaving court) pleaded guilty to breaching a provision of the regulations and was given a conditional discharge on Friday, June 21.
‘There was no sufficient reason to justify this. There would have been a right of appeal, but this was not exercised.’
He continues: ‘In September 2023, the municipality received an anonymous report that the tree had been felled. A warning letter was sent to both Mr and Mrs Palmer with a series of questions.
Mrs. Palmer replied. She cooperated fully with the municipality. She explained that she was approached at home by a tree surgeon who said he was working in the area and noticed how large and close the tree was to their house with branches overhanging the sidewalk.
‘He told her that the ash dieback had caused most of the trees to be removed and was extremely surprised that the tree was still there. Due to the problems they were having, he recommended removal. She had no contact information. She agreed on a price and a date and paid in cash.’
A photo of the tree towering over the street from August 2022 still remains on Google Street View.
Neil Davis, defending, explained that the TPO was granted in 1995, almost a decade before the couple’s home was built in 2004.
This photo shows how close the tree was to the Palmers’ home
He said: “The difficulties and problems the tree has caused the family are many. When fully grown, the ash tree stood 15 feet from the front door. It blocked the drain, there is evidence of that.
‘It caused a nuisance to the neighbors and there are letters from both the tenant and the occupier of (the properties next to the Palmers). It caused a disturbance and you can see that the branches are indeed moving when the wind blows against their house.
‘Their daughter had the bedroom at the front. Lately, she couldn’t sleep because of the strong wind, and the tree knocking on the window scared her. They had to take her out of the bedroom.’
Mr Davis added that there was factual evidence that the ash on the tree died – as allegedly claimed by the tree surgeon – and that other trees that were the subject of the same TPO had been removed by the council.
He pointed out that Mrs Palmer had pleaded guilty, had cooperated with the authority, had no previous convictions and that the mere summons had been a worrying experience for the couple. “They’ve suffered enough,” the lawyer said.
Bank chairman Alex Yip told Ms Palmer she could ‘put yourself out of your misery’ as she would be spared a fine.
He stated that she had ‘consciously taken this action’, but the circumstances of the case meant the court could impose a conditional discharge of 12 months.
However, Ms Palmer was ordered to pay £250 in costs and a victim surcharge of £26.