Planning application
31 Windmill Avenue Paignton TQ3 1BS
Works: Trees
Refused. Only the applicant can appeal, within the statutory time limit, and a revised scheme can be submitted instead.
Proposal
Rear garden of number 29 T1 - Mature oak tree - crown reduce upper crown by 4-5 metres to suitable growth points. Crown reduce mid crown lateral branches by 1-2 metres to balance. Works required to improve the relationship between the tree and the owners of the neighbouring property as the tree dominates and obscures their sea view.
As published by the council, reference AT/2021/0183
Application record
- Reference
- AT/2021/0183
- Type
- Works To Tree Within TPO
- Status
- Decided
- Decision
- Refused As published: Refusal
- Received
- 13 May 2021
- Validated
- 17 May 2021
- Decided
- 12 Jul 2021
- Ward
- Preston
- Decision by
- Delegated
- Postcode
- TQ3 1BS
Site history
Applications at this address on the Torbay register
This site has had 3 applications since 2021: 0 approved, 1 refused.
-
AT/2021/0374 Decided
31 Windmill Avenue Paignton TQ3 1BS
When we took down these two trees, we discovered that what looked like parts of the crown were actually two further independent stems. They are both dead so we are seeking permission to fell these under an exemption. T5 - 2 x Ash trees with Chalara ash dieback
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AT/2021/0327 Decided
31 Windmill Avenue Paignton TQ3 1BS
T5 - 2 x Ash trees with Chalara ash dieback (as diagnosed by Devon Tree Services) overhanging shed . Dismantle to near ground level. One of these trees is dead and at risk of failure the other is also infected and in rapid decline.
Timeline
Dates from the published record
-
13 May 2021
Received by Torbay
-
17 May 2021
Validated
Checked as complete and ready for consideration.
-
12 Jul 2021
Decision issued: Refusal
-
2 Sep 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
Trade members see everything this firm has filed, how it was decided, and get an email the day it files again.
See their track recordJackson Applicant, registered in Devon
Active · incorporated 1951 · Devon
19 applications on PlanIndex · across 14 councils · 88% granted
Trade members see everything this firm has filed, how it was decided, and get an email the day it files again.
See their track recordDocuments
Plans, drawings, consultee responses and the officer's report
5 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.
Watch members (£5 a month) open the document list from here.
Open the documentsWhat 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
-
31 Windmill Avenue Paignton TQ3 1BS
When we took down these two trees, we discovered that what looked like parts of the crown were actually two further independent stems. They are both dead so we are seeking permission to fell these under an exemption. T5 - 2 x Ash trees with Chalara ash dieback
Decided Trees 11 docs -
31 Windmill Avenue Paignton TQ3 1BS
T5 - 2 x Ash trees with Chalara ash dieback (as diagnosed by Devon Tree Services) overhanging shed . Dismantle to near ground level. One of these trees is dead and at risk of failure the other is also infected and in rapid decline.
Decided Trees 13 docsSmall domestic -
26 Windmill Gardens Paignton TQ3 1BL
Alterations to existing window openings and installation of doors.
Granted Householder Windows or glazing 6 docsDomestic -
26 Windmill Gardens Paignton TQ3 1BL
Non-Material Amendment to P/2024/0570. Amendments Sought: Amendment to installation of new windows and doors.
Granted Amendments Windows or glazing -
24 Windmill Avenue Paignton TQ3 1BS
Rear Garden - Ash trees (1 x triple stem, 1 x twin stem and 2 single stem trees) with ash die back as diagnosed by Devon Tree Services - Reduce trees to 5 metres from ground level, to leave as monoliths.
Granted Trees 3 docs -
47 Occombe Valley Road Paignton TQ3 1QX
Raised decking to rear (Retrospective).
Refused Householder 19 docsDomestic
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.