The stump of a giant protected tree that stood outside a mother’s home is still visible after she illegally cut it down because it was a ‘nuisance’, MailOnline can reveal.
Kelly Palmer, 40, avoided having to pay a fine after admitting paying a tree surgeon to cut down the imposing ash because it blocked drains and regularly crashed into her home in Shirley, West Midlands.
She and her husband Anthony Palmer were reported to council officials after the tree was felled, leaving a small part of the trunk still rooted in their driveway.
Documents seen by MailOnline reveal that the Palmers – who have a young child – had complained about the damage the roots were doing to the pipes, as well as health risks caused by bird droppings from the tree. Pictures shared with Solihull Council show Mr Palmer’s car covered in debris, 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 refused their previous request to remove it in 2017.
But last September the council was informed it had been removed without their consent.
Kelly Palmer and her husband Anthony Palmer were reported to council officials after the tree was felled, leaving a small part of the trunk still rooted in their driveway.
Ms Palmer, 40, was seen smiling as she left Birmingham Magistrates’ Court avoiding a fine for cutting down a giant tree in her driveway which was believed to be a nuisance to the entire street.
Mrs Palmer admitted she paid a tree surgeon to remove the impressive ash (pictured) because it blocked drains and regularly hit her home in Shirley and woke her daughter.
A small piece of luggage is still rooted in Palmer’s driveway after it was knocked down
Ms Palmer refused to speak to MailOnline on Monday but smiled as she left court on Friday, June 21, with a conditional discharge after pleading guilty to breaching a provision of the regulations.
The same offense was withdrawn against Mr. Palmer after he denied it.
Andrew Burton, prosecuting, said: “Dismissal was sought from the council in 2017 by Mr Palmer. It was rejected because the amenity 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 street scene and visual amenity.
Ms Palmer (pictured leaving court) pleaded guilty to breaching a provision of the regulations and was granted a conditional discharge on Friday, June 21
“There was not enough reason to justify it. There would have been a right to appeal, but it was not exercised.’
He continued: “In September 2023 the council received an anonymous report that the tree had been cut down. Mr. and Mrs. Palmer was sent a carefully worded letter with a series of questions.
” Mrs. Palmer answered. She was fully cooperative with the council. She explained that she had been approached 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 path.
“He told her that her ashes had caused most of the trees to be removed and he was extremely surprised that it was still present. Because of the problems they were having, he recommended removal. She had no contact details. She agreed on a price and a date and paid cash.’
A photo 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 home was built in 2004.
This aerial view shows how close the ash tree was to the Palmers’ home
Mr Palmer complained that the bird droppings (pictured on his car) falling from the tree were a health hazard
The Palmers also claimed tree roots were damaging the pipes
This photo shows how close the tree was to the Palmers’ home
He said: “The difficulties and problems that the tree has caused the family are numerous. When fully grown, the ash tree was 4.5 meters (14.8 feet) from the front door. It’s blocked the sewers, there’s proof of that.
“It caused a disturbance to the neighbors and there are letters from both the tenant and the resident of (property adjacent to the Palmers). It caused disruption and you can tell the branches are actually when the wind is blowing against their house.
“Their daughter had the front bedroom. Recently, due to the strong winds, she has not been able to sleep and has been scared by the tree knocking on the window. They had to move him out of the bedroom.’
Davis added that there was in fact evidence of ash dying on the trees – as the tree surgeon was supposed to claim – and that other trees that were subject to the same TPO had been removed by the council.
He noted that Ms Palmer had pleaded guilty, had co-operated with authorities, had no previous convictions and that just the court invitation had been a distressing experience for the couple. “They have suffered enough,” the lawyer said.
Chair of the bench Alex Yip told Ms Palmer she could ‘put herself out of your misery’ because she would be spared a 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.
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