Planning application
AT/2023/0007
Magnolias Ilsham Marine Drive Torquay TQ1 2PN
Proposal
Monterey Cypress (Cupressus macrocarpa) (T1) - Fell, height: 20m, Crown spread N:5m, S:3m, E:6m, W:4m The primary concern regarding the tree is its safety when considering its proximity to the property (6m). The tree is inclined towards the building and is growing in a dominant elevated position atop a bank in an area susceptible to high winds. If the tree should fail, it would strike the dwelling. The loading and weight is biased towards the property with the crown of the tree extending towards the accommodation. The height of the tree can be considered oppressive and has an impact on the owners ability to enjoy the safe use of their accommodation. The tree is interefing with the property owner's amenity and enjoyment of their property and creating a private nuisance due to: - Stress caused during periods of high winds (property owner is avoiding using rooms that are closest to the tree) - A significant obstruction of natural light In order to fully abate these concerns we would request to remove the tree and replace with a smaller tree appropriate for the space and location. See tree report for further assessment.
As published by the council, reference AT/2023/0007
Timeline
Dates from the published record
-
10 Jan 2023
Received by Torbay
-
17 Jan 2023
Validated
Checked as complete and ready for consideration.
-
8 Mar 2023
Decision issued: Refusal
-
1 Aug 2026
Added to PlanIndex
What refusal means
The process from here
The council refused this application for the reasons set out on the decision notice, which the council portal holds in full. Only the applicant can appeal a refusal; the time limit runs from the decision date and is shorter for householder schemes.
Refusal does not prevent a fresh attempt. Applicants often address the reasons for refusal and resubmit, so a refused scheme is not necessarily the end of proposals for the site.
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
-
P/2022/1165 Granted
Stoodley Knowle School Ansteys Cove Road Torquay TQ1 2JB
Installation of mobile sales unit with associated access and landscaping (Retrospective).
-
P/2024/0539 Granted
Arbour House Ilsham Marine Drive Torquay TQ1 2PN
Variation of Condition relating to application P/2023/1020: Alterations and reconstruction of the northwest extension, change of external materials, removal of chimney and changes to fenestration. Condition: P1 - Approved Plans. Variation sought: minor design variations.
-
AT/2024/0237 Granted
14 Richmond Close Torquay TQ1 2PW
T1: 1x Ash: Tree has 75% Ash die back: Pollard to primary pollard points with final cuts made at approximately X5 metres from ground level to Initiate a well-balanced candelabra framework for future branch structure to establish. Recommendations are to limit future failure of primary limbs as tree is leaning heavily into neighbours garden.
-
AT/2023/0010 Refused
97 Ilsham Road Torquay TQ1 2JD
Norway Spruce - See accompanying document
-
P/2021/0680 Refused
4 Richmond Close Torquay TQ1 2PW
Single storey extension to rear.
-
P/2021/0272 Granted
89 Ilsham Road Torquay TQ1 2JF
Reversion of two cottages adjoining visitor centre back to residential use. Replacement of uPVC glazing with timber windows. Removal of timber cladding on front elevation.
Other trees applications
In Torbay
-
AT/2026/0183 Granted
Torre C Of E Academy Barton Road Torquay TQ1 4DN
We are planning to conduct emergancy tree work on a dead tree at Torre Church of England Academy, Barton Road, Torquay, TQ1 4DN
-
AT/2026/0194 Awaiting decision
Cedars House Cedars Road Torquay TQ1 1SB
T1 remove epicormic growth on main stem up to height of adjacent wall (2m) T2 pollard at 4.5m.
-
AT/2026/0190 Awaiting decision
19 Luscombe Close Paignton Torbay TQ3 3GQ
T1 - Sycamore rear of 19 Luscombe rd - Section fell to ground level due to it out growing the space where it is growing. T2 - Sycamore - Remove limb approximately 150 mm in diameter, crossing over garden, due to being over extended and tip heavy.
-
AT/2026/0191 Awaiting decision
Rowcroft Avenue Road Torquay TQ2 5LS
T 030 - Multiple stemmed lapsed sycamore coppice. Growing on bank bordering road and in striking distance of third party properties to the north and south. Two primary stems to the north have been pollarded down to 3m. The eastern most stem has since died with large area of bark necrosis at 1.5m - 3m. The northern most stem which has had a primary limb pollarded is in severe decline with bark necrosis to the north at 2m. If the two stems are removed the remaining canopy will be biased totaly to the south and west and will be open to additional wind loading. Recommendations - Pollard to level already established, approximately 3m. Please see report excerpt for photos.
-
AT/2026/0192 Awaiting decision
Woodsome Woodend Road Torquay TQ1 2PZ
T001- Holm Oak - Sectional Dismantle, See tree survey for justification.