A mom who illegally reduce down a protected tree on her driveway as a result of it was a ‘nuisance’ to her entire avenue has been spared a nice.
Kelly Palmer, 40, smiled as she left court docket after admitting she paid a tree surgeon to cut down the large ash as a result of it blocked drains and repeatedly bashed in opposition to her residence in Shirley, West Midlands.
She and her husband Anthony Palmer had been reported to council officers after they’d the tree felled.
Paperwork seen by MailOnline reveal that the Palmers – who’ve a younger youngster – had complained concerning the harm the roots had been doing to the pipes, in addition to the well being hazards posed by hen excrement from the tree. Footage shared with Solihull Council present Mr Palmer’s automobile lined within the waste, in addition to the tree’s proximity to their daughter’s bed room.
Birmingham Magistrates’ Courtroom heard the ash had been protected by a Tree Preservation Order within the Nineteen Nineties earlier than the couple’s residence was constructed, and the authority had refused their earlier software to take away it in 2017.
However final September the council was tipped off that it had been taken down with out their consent.
Mrs Palmer pleaded responsible to contravening a provision of the laws and she or he was handed a conditional discharge on Friday, June 21. The identical offence was withdrawn in opposition to Mr Palmer after he denied it.
Kelly Palmer was seen smiling as she left Birmingham Magistrates’ Courtroom having averted a nice for chopping down an enormous tree on her driveway which was supposedly a nuisance to the entire avenue
Mrs Palmer admitted she paid a tree surgeon to take down the imposing ash (pictured) as a result of it blocked drains and repeatedly bashed in opposition to her residence in Shirley and awoke her daughter
Andrew Burton, prosecuting, stated: ‘Permission had been sought from the council for elimination in 2017 by Mr Palmer. It was refused as a result of the amenity worth of the tree was excessive. It was mature and in good well being and felling it might have been a major loss to the road scene and visible amenity.
‘There was no ample cause to justify it. There would have been a proper of enchantment nevertheless it wasn’t exercised.’
He continued: ‘In September 2023 the council acquired an nameless report the tree had been reduce down. A letter with a warning was despatched to each Mr and Mrs Palmer with a collection of questions.
‘Mrs Palmer responded. She was totally cooperative with the council. She defined she had been approached at residence by a tree surgeon who stated he was working within the space and remarked how massive and shut the tree was to their residence with overhanging branches on the footpath.
‘He instructed her ash dieback had induced many of the timber to be eliminated and was extraordinarily shocked it was nonetheless current. Because of the points they had been having he really useful elimination. She had no contact particulars. She agreed a worth and a date and paid money.’
{A photograph} of the tree towering over the road from August 2022 stays on Google Avenue View.
Neil Davis, defending, defined that the TPO was granted in 1995, practically a decade earlier than the couple’s residence was inbuilt 2004.
He stated: ‘The difficulties and issues the tree has induced the household are quite a few. When it was totally grown the ash tree was 4.5metres (14.8ft) from the entrance door. It blocked drains, there’s proof of that.
‘It induced a nuisance to neighbours and there are letters from each the tenant and the occupant of (the properties subsequent door to the Palmers). It induced disruption and you may inform the branches are in reality when the wind blows putting their home.
‘Their daughter had the entrance bed room. On current events due to the excessive winds she could not sleep and has been scared by the tree knocking on the window. They needed to transfer her from the bed room.’
Mrs Palmer (pictured leaving court docket) pleaded responsible to contravening a provision of the laws and she or he was handed a conditional discharge on Friday, June 21
Mr Davis added that there was really proof of ash die again to the tree – as was supposedly claimed by the tree surgeon – and that different timber that had been the topic of the identical TPO had been eliminated by the council.
He identified that Mrs Palmer had pleaded responsible, cooperated with the authority, had no earlier convictions and that the court docket summons alone had been a worrying expertise for the couple. ‘They’ve suffered sufficient,’ the solicitor stated.
Chair of the Bench Alex Yip instructed Mrs Palmer she may ‘put your self out of your distress’ as a result of she could be spared a nice.
He acknowledged she ‘knowingly took this motion’ however the full circumstances of the case meant the court docket may impose a 12-month conditional discharge.
Mrs Palmer was nonetheless ordered to pay £250 in prices and a £26 sufferer surcharge.
