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Planning application

Broadwaters Bascombe Road Brixham TQ5 0JX

Refused Torbay AT/2022/0266 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

T1 - Mature Lime tree on the Northern boundary of the garden. Application to fell the Lime and replant with smaller species trees.

As published by the council, reference AT/2022/0266

Application record

Reference
AT/2022/0266
Type
Works To Tree Within TPO
Status
Decided
Decision
Refused As published: Refusal
Received
8 Oct 2022
Validated
14 Dec 2022
Decided
8 Feb 2023
Ward
Churston With Galmpton
Decision by
Delegated
Postcode
TQ5 0JX

Timeline

Dates from the published record

  1. 8 Oct 2022

    Received by Torbay

  2. 14 Dec 2022

    Validated

    Checked as complete and ready for consideration.

  3. 8 Feb 2023

    Decision issued: Refusal

  4. 2 Sep 2026

    Added to PlanIndex

Who's behind it

Company information only, from the register and Companies House

SW Arb and Fencing Ltd Agent, registered in Newton Abbot

Active · incorporated 2015 · Newton Abbot

2 applications on PlanIndex

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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.

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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

  • Graylings Bascombe Road Brixham TQ5 0JX

    AT/2026/0218 Submitted 17 Aug 2026 50 yards away

    80% historically approved · decision due ~2 Nov

    Tree ID: T1 - Beech (Copper Beech) as identified under the Modified Schedule of TPO 2025.005. Proposed Work: Sectional dismantle to ground level and reinstate 1x Ginkgo biloba standard at the southern end of the grounds as indicated on the attached sketch plan. Reasons for Work: Incompatible Spatial Relationship & Mutually Agreed Pruning Failure: The main stem of this 50ft tree stands within a critical 1.2 metres of the residential property, overhanging the building ridge line by 6-7 metres. In Case AT/2026/0070 (Page 2-3, Sec 8, 11), the Council's Tree Officer explicitly ruled that the pruning works required to achieve safe, long-term structural clearance from the roof would remove over 30% of the leaf-bearing volume, risk fatal 'sun scorch damage' to this thin-barked species, and invite decay. Because the physical proximity to the house is absolute, and the council formally agrees that the pruning required to clear the building is physiologically destructive to the asset, long-term retention under BS 3998 is entirely unviable. Arithmetic Defect in Standalone Amenity Scoring (True Score: 14):The TPO was confirmed subject to modifications on 12th December 2025, legally isolating the Beech tree as 'T1'. The collective evaluation score was benchmarked at the absolute minimum threshold of 15 for each property, but inflated by artificially combining data across two properties where the protected trees on each site are situated some 200 feet apart. In the confirmation report (Page 3), the council explicitly accepted the applicant's formal objection regarding local tree density and issued a 1-point reduction (-1) to the category score. Because the modified order must protect T1 on its standalone merits, its true standalone arithmetic score is 14. Torbay Council's local framework dictates a minimum score of 15 to justify a TPO. T1 falls below the threshold and its ongoing retention is procedurally unjustified. Minimal Public Landscape Contribution: Situated ......

    Awaiting decision Trees
  • 14 Tor Close Paignton TQ4 6LB

    P/2021/0615 Submitted 24 May 2021 50 yards away

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    Granted Householder Extension 14 docs
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  • Orchard House Bascombe Road Brixham TQ5 0JX

    P/2025/0589 Submitted 17 Sep 2025 100 yards away

    Demolition of existing dwelling and construction of replacement dwelling, detached garage with parking, landscaping and associated works.

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  • 9 Broadsands Road Paignton TQ4 6JX

    P/2021/0785 Submitted 29 Jun 2021 150 yards away

    Formation of roof extension with dormers to South East & North West elevation. Formation of decking with balcony to rear. (Revised plans received 20.01.2022)

    Withdrawn Householder Extension Loft or dormer 16 docs
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  • 8 Tor Close Paignton TQ4 6LB

    P/2021/0671 Submitted 1 Jun 2021 200 yards away

    Formation of two storey extension to side.

    Granted Householder Extension 17 docs
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  • 3 Warborough Road Brixham Devon TQ5 0JY

    P/2011/0025 Submitted 13 Jan 2011 200 yards away

    Demolition of attached garage and formation of single storey extentions to front and rear; formation of new detached double garage and workshop.

    Withdrawn Householder Demolition 10 docs
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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