Planning application
Charmwood Mortimer Avenue Paignton TQ3 1LR
Works: Trees Small domestic
Read from the description, not a valuation. How we read the register
Permission granted. Work must normally begin within three years of the decision or the permission lapses.
Proposal
Mature Eucalyptus (T2) - Fell. The tree has recently shed a large diameter branch (circa 450mm) during calm weather conditions onto the road (blocking it). It poses a threat to the highway and adjacent land owners so should be felled to ensure the owner of the tree is acting in accordance with their Duty of Care to their neighbours. In my opinion this branch failure was completely unforeseeable because there are no obvious defects that would have been visible from the ground or by a climbing assessment. You will note the leaves from the fallen branch are also completely healthy (see photo). In my opinion this failure also appears to be indicative of summer branch drop. However, there is some obvious discolouration of the branch cross section (see photo) which indicates the trees defensive mechanism has been activated, the cause of this is not clear. I have also considered the impact of removing T1 (for similar reasons) which would expose the canopy of T2, altering the wind loading dynamic, adding to an already complex situation. As an additional supporting argument for removing this tree, I refer to the following regarding summer branch drop. "A tree that has lost one limb is more likely to lose another than a similar nearby tree of the same species is to lose its first branch" (Harris et al, 2004. P.428, Arboriculture 4th Edition). Replant with a container grown 1-1.5m Scots pine.
As published by the council, reference AT/2019/0292
Application record
- Reference
- AT/2019/0292
- Type
- Works To Tree Within TPO
- Status
- Decided
- Decision
- Granted As published: Approval
- Received
- 28 Oct 2019
- Validated
- 30 Oct 2019
- Decided
- 23 Dec 2019
- Ward
- Preston
- Decision by
- Delegated
- Postcode
- TQ3 1LR
Site history
Applications at this address on the Torbay register
This site has had 2 applications since 2019: 2 approved, 0 refused.
-
P/2021/0413 Granted
Charmwood Mortimer Avenue Paignton TQ3 1LR
Change of Use from domestic garage (C3) to dog grooming parlour (Sui Generis) - (Retrospective).
Timeline
Dates from the published record
-
28 Oct 2019
Received by Torbay
-
30 Oct 2019
Validated
Checked as complete and ready for consideration.
-
23 Dec 2019
Decision issued: Approval
-
23 Aug 2026
Added to PlanIndex
Who's behind it
Company information only, from the register and Companies House
Devon Tree Services Ltd Agent, a tree-works contractor registered in Torquay
Active · incorporated 2013 · Torquay
188 applications on PlanIndex · across 11 councils · 87% granted
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See their track recordDocuments
Plans, drawings, consultee responses and the officer's report
4 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 documentsWhat this grant of permission means
Torbay granted permission on 23 December 2019, subject to any conditions on the decision notice. Work must normally begin within three years or the permission lapses. 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
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Charmwood Mortimer Avenue Paignton TQ3 1LR
Change of Use from domestic garage (C3) to dog grooming parlour (Sui Generis) - (Retrospective).
Granted Full applications 13 docs -
Cranleigh Lodge Mortimer Avenue Paignton TQ3 1LR
Rear garden T2 - Wellingtonia - 24m - Crown lift by the removal of four lowest primary branches back to the main stem. This will lift the canopy of the tree by up to 4 metres giving a total lower canopy height from ground level to foliage tips of 7 metres. Wounds left will not exceed 300mm in diameter. Works required to remove branches dominating over the rear access to the property, thus improving the relationship between the tree and the property owners and their neighbours.
Granted Trees 3 docs -
Cranleigh Lodge Mortimer Avenue Paignton TQ3 1LR
T1 - Sweet Chestnut situated in front garden - Dismantle to near ground level. This tree is in decline and works required before it becomes unsafe. T2 - Wellingtonia - Dismantle to near ground level. This tree has outgrown its position, therefore resulting in excessive shading. The tree is very close to the properties and has had some primary branch failures recently from the upper crown into the garden areas. The target for falling debris is the property and neighbouring properties. The tree in its situation dominates the garden area which is a seating space for social outside gatherings. The dominance of the crown impacts on the reasonable enjoyment of that area due to its close proximity to the tree. The house being built so close to the tree has resulted in pressure to work and remove the tree.
Refused Trees 4 docs -
The Dell Cecil Avenue Paignton TQ3 1LW
5 DAY NOTICE - we are going to remove a snapped hanging branch and remove deadwood over 50mm diameter on 16th August 2021. The tree has a TPO (please see photos attached).
Decided Trees 5 docs -
25 Washington Close Paignton TQ3 2QJ
T1 Oak (Tag 560) 1. Crown lift to 3.5m. above ground level at base of tree. Removing no branches over 75mm. diameter. Reason: To improve light levels to garden area. 2. Crown clean to remove weakly attached deadwood of 25-75mm. diameter. Reason: To improve light levels to garden area. 3. Check decay at old pruning points (not expected to be significant). Reason: Confirmation of condition T2 Oak (Tag 561) 1. Crown lift to 3.5/4m. above ground level at base of tree. Removing no branches over 75mm. diameter. Reason: To improve light levels to garden area. 2. Crown clean to remove weakly attached deadwood of 25-75mm. diameter. (very limited). Reason: To improve light levels to garden area.
Granted Trees 5 docs -
28 Durham Close Paignton TQ3 2QN
T1 - Sweet chestnut(Castanea sativa) - Sectional dismantle and fell. - The tree is situated on a steep bank with split-level terrain, resulting in a compromised root system. Soft rot decay was identified on the northern buttress root similar characteristics associated with Kretzschmaria deusta (not confirmed), with a small adjacent cavity present at the lower stem. Acoustic sounding indicated a distinctly hollow response from approximately 200 mm above ground level to 1,200 mm, suggesting the presence of internal decay extending vertically through the lower stem section. Please see the attached QTRA.
Withdrawn Trees
Other tree works applications
In Torbay
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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.
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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.
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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.
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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.
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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.