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
- Approval
- Received
- 28 Oct 2019
- Validated
- 30 Oct 2019
- Decided
- 23 Dec 2019
- Ward
- Preston
- Decision by
- Delegated
- Postcode
- TQ3 1LR
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
Agent on file, a tree-works contractor registered in Torquay
142 applications on PlanIndex · across 10 councils · 86% granted
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See who's behind itDocuments
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.
Trade members open them from here.
Open the documentsWhat a grant of permission means
The process from here
Permission has been granted, usually subject to conditions listed on the decision notice, some of which must be discharged before work starts. The decision notice on the council portal sets out exactly what was approved.
Work must normally begin within three years of the decision or the permission lapses. Neighbours cannot appeal a grant; challenging one means judicial review of how the decision was made, within tight time limits.
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.
Nearby applications
Within 500 metres
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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
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AT/2026/0171 Granted
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AT/2026/0233 Awaiting decision
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AT/2026/0234 Awaiting decision
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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