A “good samaritan” neighbour who illegally chopped down a protected tree on her driveway has managed to avoid paying a fine after claiming she did it for the benefit of the street.
Kelly Palmer, 40, smiled after admitting she paid a tree surgeon to chop down the giant ash in court.
The mother claimed it blocked drains and regularly bashed against her home in Shirley, West Midlands. She added that the noise was such an issue that it woke her young daughter.
In 2017, the pair applied to have the tree removed, however, their application was rejected by the local authority.
A neighbour who illegally chopped down a protected tree on her driveway has managed to avoid paying a fine after claiming she did it for the benefit of the streetGoogle Street ViewHowever, last September, Palmer and her husband Anthony were reported to Solihull council officials after they had the tree felled, in an anonymous complaint.
Birmingham Magistrates Court heard that the Ash had been protected by a Tree Preservation Order (TPO) in the 1990s, predating the building of the couple’s home.
The couple said the “nuisance” tree with its large roots was damaging the pipes and the excrement from birds resting on the tree was causing health hazards.
Kelly Palmer pleaded guilty to contravening a provision of the regulations and she was handed a conditional discharge on June 21. The same offence was withdrawn against Anthony Palmer after he denied it.
LATEST DEVELOPMENTS:
Birmingham Magistrates Court heard that the Ash had been protected by a Tree Preservation Order (TPO) in the 1990s
Wikimedia Commons
Andrew Burton, prosecuting, said: “Permission had been sought from the council for removal in 2017 by Mr Palmer. It was refused because the amenity value of the tree was high. It was mature and in good health and felling it would have been a significant loss to the street scene and visual amenity.
“There was no sufficient reason to justify it. There would have been a right of appeal but it wasn't exercised.”
He continued: “In September 2023 the council received an anonymous report the tree had been cut down. A letter with a caution was sent to both Mr and Mrs Palmer with a series of questions.
“Mrs Palmer responded. She was fully cooperative with the council. She explained she had been approached at home by a tree surgeon who said he was working in the area and remarked how big and close the tree was to their home with overhanging branches on the footpath.”
The tree surgeon said the Ash had gradually started to deteriorate, which was impacting the other trees, and was shocked it had not been removed yet.
Neil Davis, defending, said that Palmer, who pleaded guilty, has already “suffered enough”.
The massive tree in Shirley, Solihull was a 'nuisance'
Google Street View
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 metres (14.8ft) from the front door. It blocked drains, there's evidence of that. It caused a nuisance to neighbours and there are letters from both the tenant and the occupant of (the properties next door to the Palmers).
“It caused disruption and you can tell the branches are in fact when the wind blows striking their house.
“Their daughter had the front bedroom. On recent occasions, because of the high winds she couldn't sleep and has been scared by the tree knocking on the window. They had to move her from the bedroom.”
He added that the tree had evidence of Ash dieback, and other trees that were part of the same TPO had already been removed by the council.
Chair of the Bench Alex Yip told the 40-year-old that she could “put yourself out of your misery”, as she would be spared a fine.
However, she was ordered to pay £250 in costs and a £26 victim surcharge.
