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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 As published: 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.

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Open the documents

What this refusal means

Torbay refused this application for the reasons on the decision notice; only the applicant can appeal, and refused schemes often return in revised form. More in our guide to what happens after a planning decision.

About tree works applications

Applications for works to trees cover protected trees: consent under a tree preservation order, or six weeks notice for trees in a conservation area. More in our guide to planning application types.

Nearby applications

Within 0.3 miles

  • 1 Sunnyhill Mews Higher Warberry Road Torquay TQ1 1TL

    AT/2021/0185 Submitted 17 May 2021 50 yards 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 50 yards 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 100 yards 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
  • 2 Ben Venue Close Torquay TQ1 1RX

    AT/2026/0235 Submitted 1 Sep 2026 100 yards away

    80% historically approved · decision due ~29 Oct

    T001 - Horse chestnut (Aesculus hippocastanum): Reduce the crown by up to 2 m in height and up to 2 m radially, to leave an approximate post-work crown radius of 5.5 m and an approximate overall crown spread of 11 m. Retain a balanced crown form and undertake all pruning to suitable growth points in accordance with BS 3998:2010. T002 - Sycamore (Acer pseudoplatanus): Reduce the crown height by up to 2 m, retaining the existing approximate radial crown spread of 7 m and approximate overall crown spread of 14 m. Minor lateral balancing cuts may be undertaken only where necessary to achieve a balanced and proportionate crown form. Undertake all pruning to suitable growth points in accordance with BS 3998:2010. The works are being undertaken as part of informed, proportionate crown management in line with the survey recommendations to manage canopies that have been previously reduced. Details contained within the attached schedules and report.

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

    AT/2026/0269 Submitted 25 Sep 2026 100 yards away

    80% historically approved · decision due ~24 Nov

    T1 - Western Red Cedar Proposed works: Fell Reason for works T1 is an established Western red cedar growing in exceptionally close proximity to an existing stone boundary wall. Photographic evidence indicates that the lower stem is in direct contact with the masonry, creating a physical conflict between the tree and the structure. Continued radial growth of the stem could exert further pressure on the wall, resulting in progressive displacement and deterioration of the masonry. The close relationship between the stem and the wall also restricts access for inspection, maintenance and necessary repairs. The tree's position presents a long-term management conflict. Crown reduction would not resolve the fundamental issue at the base of the tree, as it would not prevent continued radial stem growth. Felling is recommended as a permanent way to resolve the physical conflict between the tree and the boundary wall, prevent further interference from stem growth, and facilitate any necessary structural repairs. This recommendation is based primarily on the tree's unsuitable position relative to the existing structure and the limited practical options for a sustainable long-term solution. Based on its apparent size and maturity, it is possible that the tree was planted after the original Tree Preservation Order (TPO) was established.

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

    AT/2026/0267 Submitted 24 Sep 2026 100 yards away

    80% historically approved · decision due ~24 Nov

    T1 - 1x Holm Oak (Quercus ilex) - Reduce the overall canopy of the tree as follows: ? Reduce the height of the tree by approximately 1.0 m, leaving a final overall height of 6.0 m. ? Reduce the radial crown spread by approximately 1.0 m, leaving a final radial spread of 4.0 m at all compass points. All works shall retain the tree?s main framework and natural form, maintaining a high proportion of the foliage-bearing structure. Individual pruning wounds shall not exceed 40 mm in diameter. T2 - 1x Beech Tree (Fagus sylvatica) - Reduce the overall canopy of the tree as follows: ? Reduce the height of the tree by approximately 1.5 m, leaving a final overall height of 6.0 m. ? Reduce the radial crown spread by approximately 1.5 m, leaving a final radial spread of 4.0 m at all compass points. All works shall retain the tree?s main framework and natural form, maintaining a high proportion of the foliage-bearing structure. Individual pruning wounds shall not exceed 40 mm in diameter. T3 - 1x Turkey Oak (Quercus cerris) - Reduce the overall canopy of the tree as follows: ? Reduce the height of the tree by approximately 1.0 m, leaving a final overall height of 6.0 m. ? Reduce the radial crown spread by approximately 1.0 m, leaving a final radial spread of 4.0 m at all compass points. All works shall retain the tree?s main framework and natural form, maintaining a high proportion of the foliage-bearing structure. Individual pruning wounds shall not exceed 40 mm in diameter. T4 - 1x Sycamore (Acer pseudoplatanus) - Reduce the overall canopy of the tree as follows: ? Reduce the height of the tree by approximately 1.0 m, leaving a final overall height of 6.0 m. ? Reduce the radial crown spread by approximately 1.0 m, leaving a final radial spread of 4.0 m at all compass points. All works shall retain the tree?s main framework and natural form, maintaining a high proportion of the foliage-bearing structure. Individual pruning wounds shall not exceed 40 mm in diameter. Pruning on

    Awaiting decision Trees

In Torbay

  • AT/2026/0184 Granted

    18A Mead Road Torquay TQ2 6TF

    Crown lift secondary branch growth only up to approximately 4.5m from ground level to achieve the required vertical clearance above the driveway and neighbours. Crown thin overall leaf bearing twig structure by 10 percent. This will also help with canopy crowding and avoid other trees rubbing against each other. Remove all major dead wood from crown All trees are Fagus Sylvatica (Mature Beech) This work has been previously accepted in 2023, application submitted by Devon Tree Services and works were completed by them as well.

    Received 22 Jul, published by the council 12 Aug 2026 Trees
  • AT/2026/0270 Awaiting decision

    Flat 1 Greenwood Torwood Gardens Road Torquay TQ1 1EQ

    T1 Mimosa Proposed works: Fell Mature Mimosa situated within a confined residential garden in a Conservation Area, immediately adjacent to a masonry boundary wall and nearby buildings. The presence of Ganoderma fruiting bodies at the base of the tree indicates a potential wood-decay infection. The tree also exhibits an irregular crown with apparent dieback and is growing within a severely restricted environment. Its proximity to residential property, garden areas and the public highway increases the potential consequences of structural failure. Felling is proposed on the grounds of suspected basal decay, apparent crown deterioration and the tree's restricted location.

    Received 25 Sep, published by the council 2 Oct 2026 Trees
  • AT/2026/0271 Awaiting decision

    8 Cecil Avenue Paignton TQ3 1LW

    T1 - Holm Oak Recommended works: Establish a pollard framework by removing the three substantial lateral branches at the positions indicated by the red markings in Photograph 3. The proposed works are intended to reduce the extensive lateral crown and associated mechanical loading from the tree's pronounced lean, while retaining the tree. Cyclical management: Following establishment, implement a seven-year cyclical pollarding regime to manage regrowth, control crown size, and limit excessive loading on the retained framework. Inspect the developing pollard heads periodically, particularly during the initial establishment period, to assess shoot attachment, structural condition and physiological response. All works should be undertaken in accordance with BS 3998:2010, subject to confirmation that the proposed cutting positions and degree of crown removal are appropriate following an on-site assessment. The seven-year interval is the proposed management objective and should be reviewed based on the tree's regrowth and structural condition.

    Received 25 Sep, published by the council 2 Oct 2026 Trees
  • AT/2026/0269 Awaiting decision

    8 Ben Venue Close Torquay TQ1 1RX

    T1 - Western Red Cedar Proposed works: Fell Reason for works T1 is an established Western red cedar growing in exceptionally close proximity to an existing stone boundary wall. Photographic evidence indicates that the lower stem is in direct contact with the masonry, creating a physical conflict between the tree and the structure. Continued radial growth of the stem could exert further pressure on the wall, resulting in progressive displacement and deterioration of the masonry. The close relationship between the stem and the wall also restricts access for inspection, maintenance and necessary repairs. The tree's position presents a long-term management conflict. Crown reduction would not resolve the fundamental issue at the base of the tree, as it would not prevent continued radial stem growth. Felling is recommended as a permanent way to resolve the physical conflict between the tree and the boundary wall, prevent further interference from stem growth, and facilitate any necessary structural repairs. This recommendation is based primarily on the tree's unsuitable position relative to the existing structure and the limited practical options for a sustainable long-term solution. Based on its apparent size and maturity, it is possible that the tree was planted after the original Tree Preservation Order (TPO) was established.

    Received 25 Sep, published by the council 2 Oct 2026 Trees
  • AT/2026/0204 Granted

    Flat 1 Vernon Court Warren Road Torquay TQ2 5TR

    Holm Oak 12m Tall 50cm diameter (Already have approved plan for other three trees on site, scope to mirror that) Crown mai fence works requested to cut back to previous pruning points, not as far as original pollard but to the secondary pollard points, this has been noted on tree inspectors recent visit looking at other trees on site. This tree was not included in the original request due to a miscommunication between owner and agent. Plan to reduce radial spread down from 9m to 7m roughly removing 1.5-2m of regrowth.

    Received 3 Aug, published by the council 12 Aug 2026 Trees