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Planning application

Silverdale Higher Warberry Road Torquay TQ1 1RY

Refused Torbay AT/2025/0322 Works To Tree Within TPO

Works: Trees Small domestic

Read from the description, not a valuation. How we read the register

Refused. Only the applicant can appeal, within the statutory time limit, and a revised scheme can be submitted instead.

Proposal

We are seeking to remove a singlular Yew tree and replace it with a tree which does not shed poisonous berries to reduce the threat the life of our pets as well as the children who attend the school next door. The tree is not subject to an individual TPO but it is in a tree conservation area, which is something we wish to enhance through the plans we have for enhancing the entire garden.

As published by the council, reference AT/2025/0322

Application record

Reference
AT/2025/0322
Type
Works To Tree Within TPO
Status
Decided
Decision
Refused As published: Refusal
Received
28 Oct 2025
Validated
28 Oct 2025
Decided
16 Dec 2025
Ward
Wellswood
Decision by
Delegated
Postcode
TQ1 1RY

Site history

Applications at this address on the Torbay register

This site has had 2 applications since 2025: 0 approved, 1 refused.

  • AT/2026/0210 Awaiting decision

    Silverdale Higher Warberry Road Torquay TQ1 1RY

    Front Garden Area: RHS: T1: Yew Reduce in height by approximately 2 - 2.5m to suitable growth points. Reduce sides by approximately 1 - 1.5m to suitable growth points. Tree was supressed on right hand side due to previous vegetation that is no longer present so has no growth, proposed reduction will help to balance canopy for future growth. RHS Boundary: T2: Cherry: Crown reduce by approximately 2m to suitable growth points. Reduce any branches away from property to achieve a minimum 1m clearance. Crown lift secondary branches only to achieve a minimum 4m clearance from ground level. Tree is encroaching and touching the roof and side of the house, proposed work will clear the building and allow better access for garden walkway. All pruning cuts to be made at suitable growth points. All works carried out to BS 3998:2010 Tree Work Recommendations. Remove all cut material from site & return to a Teign Trees depot for recycling, leaving the area safe, clean & tidy.

    Submitted 6 Aug 2026 Trees

Timeline

Dates from the published record

  1. 28 Oct 2025

    Received by Torbay

  2. 16 Dec 2025

    Decision issued: Refusal

  3. 12 Aug 2026

    Added to PlanIndex

Documents

Plans, drawings, consultee responses and the officer's report

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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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

  • Lydford Hall Higher Warberry Road Torquay TQ1 1RY

    AT/2021/0208 Submitted 9 Jun 2021 100 yards away

    We have a Lebanon Cedar which has a diseased (I think it is leaf blight). Last year we had permission granted by you to take off some large affected branches. The condition has spread rapidly throughout the rest of the tree. This tree cannot be saved. We would like permission to have it taken down by a tree surgeon.

    Granted Trees 4 docs
  • Sutherland House Higher Warberry Road Torquay TQ1 1RY

    AT/2026/0129 Submitted 13 May 2026 100 yards away

    5 Day Notice Fell - Dangerous tree as has serious root and basal decay. The tree is very decayed with a probe going through about 60% of the base.

    Decided Trees
  • Orange Base Station Warberry Hill Cedars Road Torquay Devon TQ1 1SA

    P/2011/0787 Submitted 20 Jul 2011 100 yards away

    Installation of 6 new antennas

    Split decision Telecoms
  • Higher Warberry House Higher Warberry Road Torquay TQ1 1SA

    AT/2026/0211 Submitted 5 Aug 2026 100 yards away

    We have been requested to remove a dead Cedar tree in the rear garden of the above address, the tree is a mature tree and is within a area covered with TPOs

    Granted Trees
  • Silverdale Higher Warberry Road Torquay TQ1 1RY

    AT/2026/0210 Submitted 6 Aug 2026 150 yards away

    80% historically approved · decision due ~13 Oct

    Front Garden Area: RHS: T1: Yew Reduce in height by approximately 2 - 2.5m to suitable growth points. Reduce sides by approximately 1 - 1.5m to suitable growth points. Tree was supressed on right hand side due to previous vegetation that is no longer present so has no growth, proposed reduction will help to balance canopy for future growth. RHS Boundary: T2: Cherry: Crown reduce by approximately 2m to suitable growth points. Reduce any branches away from property to achieve a minimum 1m clearance. Crown lift secondary branches only to achieve a minimum 4m clearance from ground level. Tree is encroaching and touching the roof and side of the house, proposed work will clear the building and allow better access for garden walkway. All pruning cuts to be made at suitable growth points. All works carried out to BS 3998:2010 Tree Work Recommendations. Remove all cut material from site & return to a Teign Trees depot for recycling, leaving the area safe, clean & tidy.

    Awaiting decision Trees
  • Land At Warberry Heights South Of Grange Road Torquay TQ1 1LE

    P/2019/1331 Submitted 17 Dec 2019 150 yards away

    Outline Application for up to 3 Dwellings, with all matters reserved.

    Granted Outline 38 docs
    Several homes

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