A highly-respected tree surgeon made a "genuine mistake" when he chopped down a protected tree, a court has decided.

Bradford magistrates heard how Robert Holmes immediately reported his error to the Council, after the incident on the site of the former Wellington Middle School, off Leeds Road, Eccleshill, in February.

Dennis Schulman, prosecuting, admitted it was an unusual case but said there had been complaints from members of the public about the loss of trees on the site, which was earmarked for housing.

Holmes, 44, of Scarlet Heights, Queensbury, was given an absolute discharge after pleading guilty to cutting down a preserved beech tree without consent.

Defence solicitor Bill Hudson said his client had been in the business for 25 years and was "devastated" by the effect the incident might have on his professional reputation, which was paramount to him.

The moment he felled the wrong tree he notified the council and it might be suggested that had he not done so the error might never have been known.

A tree management plan had been drawn up by the developers and it was a sycamore, very close to the beech tree, that should have been chopped down.

Holmes had had a lapse of concentration, but at the time his mind was in turmoil.

His partner of 19 years had left him and there was talk of her going to Australia and him not seeing his daughter.

"To my mind, there was never a more classic case where someone should have got a caution rather than being brought to court," said Mr Hudson.

Announcing the magistrates' decision, bench chairman Marian Cunningham said that although it was a serious matter they did believe it was a genuine mistake.

She said they fully supported the tree preservation scheme, it was a good thing that it was in place and it had to be enforced.

"We do not wish to send out the wrong message, but we believe you were not culpable in your intention," added Mrs Cunningham.