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Planning application

Villa Paradiso 11 Higher Warberry Road Torquay Devon TQ1 1RY

Refused Torbay AT/2009/0240 Works To Tree Within TPO And CA

Works: Trees

Refused. Only the applicant can appeal, within the statutory time limit, and a revised scheme can be submitted instead.

Proposal

T1 - Magnolia: Reduce size of tree all round crown by 1.5m. Grown too big, covering a large area of the courtyard.

As published by the council, reference AT/2009/0240

Application record

Reference
AT/2009/0240
Type
Works To Tree Within TPO And CA
Status
Decided
Decision
Refused With Alternative
Received
20 Oct 2009
Validated
27 Oct 2009
Decided
17 Dec 2009
Ward
Wellswood
Decision by
Delegated
Postcode
TQ1 1RY

Timeline

Dates from the published record

  1. 20 Oct 2009

    Received by Torbay

  2. 27 Oct 2009

    Validated

    Checked as complete and ready for consideration.

  3. 17 Dec 2009

    Decision issued: Refused With Alternative

  4. 2 Sep 2026

    Added to PlanIndex

Documents

Plans, drawings, consultee responses and the officer's report

2 documents on file for this application

A planning file usually holds the application form, drawings and site plans, consultee responses, the officer's report and the decision notice.

Trade members open them from here.

Open the documents

What refusal means

The process from here

The council refused this application for the reasons set out on the decision notice, which the council portal holds in full. Only the applicant can appeal a refusal; the time limit runs from the decision date and is shorter for householder schemes.

Refusal does not prevent a fresh attempt. Applicants often address the reasons for refusal and resubmit, so a refused scheme is not necessarily the end of proposals for the site.

About trees applications

How this application type works

Tree applications cover work to protected trees: those under a tree preservation order need consent for pruning or felling, and trees in a conservation area need six weeks written notice before work starts. The council assesses the amenity value of the tree and can refuse consent, approve it with conditions, or in conservation areas make a preservation order in response.

More on trees applications in our guide

Nearby applications

Within 500 metres

  • 1 Sunnyhill Mews Higher Warberry Road Torquay TQ1 1TL

    AT/2021/0185 Submitted 17 May 2021 52m away

    (G1) - Holm Oak (Quercus ilex) removal because with support from tree survey completed by relevant expert the trees are in poor condition and also in poor structural condition. The trees have also obtained mechanical damage. Group 1 is also within very close proximity to the stone walling that runs around the perimeter of the property. Group 1 has also got a high risk of failure due to the lapsed regrowth from historic pollards. Group 1 is also positioned very close to a road with a high footfall due to it being very close to a primary school this therefore would mean that any failures could cause significant harm to people along with damaging the stone wall and vehicles parked below. Group 1 also has a significant number of basal cavity's. The customer has requested that permission for removal of group 1 is granted to allow them replant and establish a new row of trees. T1- Blue Atlas Cedar (Cedrus atlantica Glauca) - prune back long over extended lateral branches by up to 3 meters (as recommended by tree survey) and clean crown of dead/snapped branches. pruning back of the long over extended branches would be a means of preventative management decreasing the risk of failure which will make the tree more aesthetic for a longer period of time. over extended branches have a higher risk of failure. T2- Holm Oak (Quercus ilex)- End weight pruning of canopy extents by upto 2 meters leaving a canopy radius of 9 meters as a means of preventative management against small diameter branch breakage as over extended branches have a higher risk of failure. this will also allow other trees and shrubs space to grow and will make the tree more aesthetically pleasing.

    Granted Trees 4 docs
  • 6 Ben Venue Close Torquay TQ1 1RX

    AT/2026/0102 Submitted 9 Apr 2026 55m away

    Complete removal of dangerous leaning Cyprus pine tree.

    Granted Trees
  • 4 Ben Venue Close Torquay TQ1 1RX

    P/2025/0674 Submitted 23 Oct 2025 77m away

    Partial conversion of garage, alterations to the rear, single storey extension to replace existing porch to the side.

    Granted Full applications Extension
    Small domestic
  • Silverdale Higher Warberry Road Torquay TQ1 1RY

    AT/2026/0210 Submitted 6 Aug 2026 87m away

    81% historically approved · decision due ~13 Oct

    Front Garden Area: RHS: T1: Yew Reduce in height by approximately 2 - 2.5m to suitable growth points. Reduce sides by approximately 1 - 1.5m to suitable growth points. Tree was supressed on right hand side due to previous vegetation that is no longer present so has no growth, proposed reduction will help to balance canopy for future growth. RHS Boundary: T2: Cherry: Crown reduce by approximately 2m to suitable growth points. Reduce any branches away from property to achieve a minimum 1m clearance. Crown lift secondary branches only to achieve a minimum 4m clearance from ground level. Tree is encroaching and touching the roof and side of the house, proposed work will clear the building and allow better access for garden walkway. All pruning cuts to be made at suitable growth points. All works carried out to BS 3998:2010 Tree Work Recommendations. Remove all cut material from site & return to a Teign Trees depot for recycling, leaving the area safe, clean & tidy.

    Awaiting decision Trees
  • 10 Ben Venue Close Torquay TQ1 1RX

    P/2026/0061 Submitted 2 Feb 2026 92m away

    Replacement of tarmac driveway with resin bound non-slip surface.

    Granted Householder
    Domestic
  • Villa Romana Higher Warberry Road Torquay TQ1 1RZ

    P/2025/0722 Submitted 11 Nov 2025 93m away

    Demolition and re-build of home office.

    Granted Householder Demolition
    Domestic

In Torbay

  • AT/2026/0171 Granted

    2 High Grove Sunbury Hill Torquay TQ1 3ED

    Trim branch's back slightly from touching our property and roof space to stop damage and further accidents from happening. Silver Birch Tree Pruning Reduce the branches that are hanging over the roof and gutter. Cut back to appropriate growth points. Tree will be climbed and rigged down. By cutting away from gutters and roof - it should reduce future damage to the property. All work to be carried out by qualified and insured arborists. All waste to be removed responsibly and under license.

    8 Jul 2026 Trees
  • AT/2026/0216 Granted

    Brantwood Rowdens Road Torquay TQ2 5AZ

    All trees 1-6 to be removed completely, most are not identifiable as they are completely dead. All trees below an approximate height of twelve meters, and we wish to remove them as they are dead. We also want to remove the dead foliage on the slope to the side of the property, and cut back growth to a manageable condition for future maintenance. I have not been able to find specific tree preservation numbers for the trees 1-6 but I understand we are located in a conservation area and have therefor submitted this application.

    13 Aug 2026 Trees
  • AT/2026/0233 Awaiting decision

    South Ridge Middle Lincombe Road Torquay TQ1 2NE

    T1 - cedar. Reduce the lateral spread/end-loading on 3 x low limbs on the west side of the tree by 2.5m, from 9.5m to 7m.

    28 Aug 2026 Trees
  • AT/2026/0234 Awaiting decision

    12 Mena Park Close Paignton TQ4 7TA

    T1 Leyland cypress T2 Spruce We would like to fell both these trees, the spruce is cladded in ivy and poor form. The Leyland Cypress is again of poor form and completely over powering this garden. To replace these with Beech trees would make sense.

    28 Aug 2026 Trees
  • AT/2026/0166 Granted

    3 Roundham Road Paignton Torbay TQ4 6EZ

    Oak T 1 - Reduce lateral crown spread over the roof by up to 1. 1.5m, targeting only branches encroaching towards the property. Works to follow BS 3998: 2010 principles: retain natural form, prune back to suitable secondary growth, avoid creating large wounds, and maintain a balanced crown shape. The crown is in direct contact with the roofline, causing abrasion, debris accumulation, and increased maintenance needs. A modest reduction restores safe clearance while retaining the tree's amenity value. Oak T 2 and T 3 - Pollard the tree at an appropriate height to manage structural decline associated with Ganoderma. Retain a stable framework of sound scaffold branches; cuts to be made at suitable points to allow future cyclical management. All works to follow BS 3998: 2010 and be proportionate to the tree's condition and location. The tree shows signs consistent with Ganoderma decay, reducing structural reliability. Pollarding is a recognised BS 3998 management option for declining trees where retention is desirable but full crown load is no longer appropriate. This approach prolongs safe retention, reduces risk, and avoids premature removal. Cedar T 4 - Remove deadwood =40mm diameter and any unstable smaller deadwood throughout the crown. Deadwood is present in the crown, posing a risk to the garden and adjacent access areas. Beech G 1 - Lift branches over the road to a minimum height of 5.2m (standard UK highway clearance for vehicle routes). Lift branches over the pavement to a minimum height of 2.1m (standard pedestrian clearance). Where applicable, lift branches over cycleways to 2.5?m. Remove or shorten only those branches that obstruct safe passage or visibility, in accordance with Highways Act 1980 s 154. Pruning to follow BS 3998: 2010 prune to suitable secondary growth points, avoid excessive thinning, and retain group structure. The Beech group is producing low lateral growth that obstructs the public highway, affecting safe pedestrian and vehicle move

    30 Jun 2026 Trees