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Planning application

Breakwater Court Berry Head Road Brixham Torbay TQ5 9AG

Refused Torbay AT/2024/0254 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 Pine Tree Fell - tree is a small tree but overhanging the highway very low. a lot of coaches and lorrys visting berryhead hotel and public buses use this road. the tree needs heavily cutting back but due to the nature of the tree it will not recover from this. T1 the base is on crumbling foundations.

As published by the council, reference AT/2024/0254

Application record

Reference
AT/2024/0254
Type
Works To Tree Within TPO
Status
Decided
Decision
Refusal
Received
27 Sep 2024
Validated
27 Sep 2024
Decided
6 Nov 2024
Ward
St Peters With St Marys
Decision by
Delegated
Postcode
TQ5 9AG

Site history

Applications at this address on the Torbay register

This site has had 2 applications since 2024: 1 approved, 1 refused.

  • AT/2024/0256 Granted

    Breakwater Court Berry Head Road Brixham Torbay TQ5 9AG

    T2 - Pine Tree Fell - Tree is a small tree but overhanging the highway very low. a lot of coaches and lorrys visting berryhead hotel and public buses use this road. the trees need heavily cutting back but due to the nature of the tree it will not recover from this. T2 is touching the building that needs cutting back.

    Decided 29 Oct 2024 Trees

Timeline

Dates from the published record

  1. 27 Sep 2024

    Received by Torbay

  2. 6 Nov 2024

    Decision issued: Refusal

  3. 1 Aug 2026

    Added to PlanIndex

Who's behind it

Company information only, from the register and Companies House

Clear View Tree and Hedge Services Ltd Agent, a tree-works contractor registered in Brixham

Active · incorporated 2014 · Brixham

21 applications on PlanIndex · across 2 councils · 85% 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

3 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 500 metres

  • Breakwater Court Berry Head Road Brixham Torbay TQ5 9AG

    AT/2024/0256 Submitted 27 Sep 2024 0m away

    T2 - Pine Tree Fell - Tree is a small tree but overhanging the highway very low. a lot of coaches and lorrys visting berryhead hotel and public buses use this road. the trees need heavily cutting back but due to the nature of the tree it will not recover from this. T2 is touching the building that needs cutting back.

    Granted Trees 3 docs
  • 103A Berry Head Road Brixham Devon TQ5 9AG

    AT/2012/0063 Submitted 19 Mar 2012 71m away

    Works as proposed in Appendix 1

    Granted Trees 3 docs
  • 20 Berry Head Road Brixham Torbay TQ5 9AH

    P/2021/0533 Submitted 5 May 2021 132m away

    Replacement boiler & flue (Retrospective).

    Granted Heritage and listed buildings 8 docs
  • Shoalstone Bathing Pool Berry Head Road Brixham TQ5 9FT

    P/2024/0463 Submitted 4 Jul 2024 134m away

    Request for Screening Option for Restoration of Seawater Pool. THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2017 DO NOT MAKE PROVISION FOR PUBLIC COMMENTS TO BE TAKEN INTO ACCOUNT WHEN DETERMINING REQUESTS FOR SCREENING/SCOPING OPINIONS.

    Decided Outline 7 docs
  • 13 Lands Road Brixham TQ5 9AS

    P/2024/0566 Submitted 19 Aug 2024 145m away

    Infill extension below raised deck, additional two storey extension above.

    Granted Householder Extension 9 docs
    Domestic
  • 4 Wolborough Gardens Brixham TQ5 9DD

    AT/2026/0150 Submitted 12 Jun 2026 145m away

    T1 - 1x False Acacia / Black Locust - Sectionally dismantle, fell, and remove to ground level using appropriate dismantling and lowering techniques to ensure the safe and controlled removal of all sections in accordance with industry best practice. Treat the cut stump with a selective herbicide in the form of Eco Plugs (glyphosate) to reduce the likelihood of regrowth. T2 - 1x Common Beech Tree - Reduce the overall canopy of the tree as follows: Reduce the height of the tree by approximately 2.0 metres, leaving a final overall height of 8.0 metres. Reduce the radial crown spread by approximately 2.0 metres, leaving a final radial spread of approximately 6.0 m at all compass points. All works shall retain the tree?s main framework and natural form, maintaining a high proportion of the foliage-bearing structure. Individual pruning wounds shall not exceed 80 mm in diameter. Crown lift by removing secondary and sub-lateral branch growth only, to provide a vertical clearance of approximately 2.50 metres between ground level and the lowest foliage tips, thereby achieving the desired clearance above the driveway & garage roof. All works shall retain the natural form of the crown and avoid the creation of large pruning wounds. Individual pruning wounds shall not exceed 40 mm in diameter. All cuts shall be made at suitable growth points in accordance with BS 3998:2010 Tree Work ? Recommendations. Tree Preservation Order & Conservation Area Application Justification See attached document for specification, plan and reasons

    Granted Trees

In Torbay

  • AT/2026/0248 Decided

    Holtye Stitchill Road Torquay TQ1 1PZ

    5 Day Notice T1 - Dead pollarded Holm Oak (Quercus ilex) Sectionally dismantle, fell and remove dead tree, leaving the cut stump at a finished height of approximately 1.0 metre abou ground level.

    15 Sep 2026 Trees
  • AT/2026/0245 Awaiting decision

    Flat 1 Kingsbridge Greenway Road Torquay TQ1 4NJ

    T001 - Mature Beech (Fagus sylvatica) Observations: Mature beech with a substantial fungal fruiting body present at the base of the stem, visually consistent with Ganoderma spp. Sounding of the lower stem with a sounding mallet produced a pronounced hollow response extending from the base to approximately 2 m above ground level on the road-facing side, indicating potentially significant internal dysfunction and decay within the lower main stem. The defect is located within the tree?s primary load-bearing region, where the main stem transfers crown loading into the root system. Decay or loss of sound wood in this area is therefore considered structurally significant. The full extent of internal decay and remaining residual wall thickness could not be quantified through ground-based inspection alone. The tree supports a large mature crown and is located immediately adjacent to a public highway, with pedestrians, moving and parked vehicles, and nearby residential properties within the potential failure zone. Recommendation: Dismantle T001 to near ground level. The recommendation is based on the presence of basal fungal decay, the pronounced hollow response extending approximately 2 m up the lower stem, and the location of the defect within the principal load-bearing region of the tree. These findings materially reduce confidence in the tree's long-term structural reliability. Although the tree provides significant local amenity value within the Conservation Area, this is considered outweighed by the extent and structural significance of the identified defects and the potential consequences of whole-tree or basal failure onto the adjacent highway and surrounding targets.

    10 Sep 2026 Trees
  • AT/2026/0246 Awaiting decision

    Coniston Lodge Rowdens Road Torquay TQ2 5AZ

    Tree is Holm oak, see photos. Photo shows tree and then position in red dot to house Application is to thin the tree by 25 to 30 % (crown) and prune to clear overhead utility cables by 1 m . This work is required every couple of years to keep the tree healthy and so as not to interfere with cables to house.

    10 Sep 2026 Trees
  • AT/2026/0242 Granted

    Upton Manor Orchard Upton Manor Road Brixham TQ5 9RB

    5 Day Notice Removal of large dead Spruce tree Removal of dead Cherry tree See Photos

    8 Sep 2026 Trees
  • AT/2026/0214 Granted

    Alta Vista Higher Warberry Road Torquay TQ1 1SD

    Recent emergency approved felling of two older Lime trees in next door neighbour's garden precipitated a check on our own Lime Tree sic. Precautionary Work is requested on Trunk 2 of a large mature Lime Tree in south part of our property. Sketch Plan Lime Tree position refers . The Lime tree has 4 Trunks from ground level - numbering from left to right in provided Photo Lime Tree 1 of 4 Trunk 2. Photo Lime Tree 2 of 4 shows vis discoloration separation of Trunk 2 from Trunk 3. Separation >=12cm August 2026. No previous measurement. Photo Lime Tree 3 of 4 shows southern inclination of Trunk 2 and extended southern branch growth giving increasing weight leverage/imbalance. Photo Lime Tree 4 of 4 shows extent of recent years Beefsteak fungus at base of Trunk 2 - width c 25cms August 2026. Condition of Lime Tree discussed on site with Jamie, Trees in Need who has managed bi-annually maintenance on our trees for c 20 years. Fungal infection currently appears to be on Trunk 2 base but Trunk 2 is closely twinned with Trunk 3 at this level. Trunk 3 is however largely vertical and foliage more balanced and therefore less at longer term risk. So Imminent/emergency danger of Trunk 2 failure not likely but following precautionary action suggested Requested permission for following Action for Trunk 2. Remove all top growth c 6/7 meter level as show in Photo Lime Tree 3 where extended South lateral growth is prominent to provide a largely vertical Trunk with reduced weight /leverage . Continue to monitor Trunk 2 & 3 separation and Fungal growth.

    12 Aug 2026 Trees