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Planning application

31 Windmill Avenue Paignton TQ3 1BS

Refused Torbay AT/2021/0183 Works To Tree Within TPO

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

    Decided 5 Oct 2021 Trees
  • 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.

    Decided 27 Sep 2021 Trees

Timeline

Dates from the published record

  1. 13 May 2021

    Received by Torbay

  2. 17 May 2021

    Validated

    Checked as complete and ready for consideration.

  3. 12 Jul 2021

    Decision issued: Refusal

  4. 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 record

Jackson 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 record

Documents

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 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

  • 31 Windmill Avenue Paignton TQ3 1BS

    AT/2021/0374 Submitted 4 Oct 2021 50 yards away

    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

    AT/2021/0327 Submitted 7 Sep 2021 50 yards away

    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 docs
    Small domestic
  • 26 Windmill Gardens Paignton TQ3 1BL

    P/2024/0570 Submitted 20 Aug 2024 50 yards away

    Alterations to existing window openings and installation of doors.

    Granted Householder Windows or glazing 6 docs
    Domestic
  • 26 Windmill Gardens Paignton TQ3 1BL

    P/2024/0840 Submitted 5 Dec 2024 50 yards away

    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

    AT/2021/0212 Submitted 16 Jun 2021 50 yards away

    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

    P/2019/1118 Submitted 21 Oct 2019 100 yards away

    Raised decking to rear (Retrospective).

    Refused Householder 19 docs
    Domestic

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