Planning application
108 Duchy Drive Paignton TQ3 1EX
Works: Trees
Refused. Only the applicant can appeal, within the statutory time limit, and a revised scheme can be submitted instead.
Proposal
Trees T1-T12 - Ash Trees of varying maturity. All are in various stages of Ash Dieback according to a survey and report by Evans Treecare. Propose to fell the trees before they become a hazard to the property and whilst in a condition for the tree surgeon to carry out the works safely. It is hoped that works can commence at the earliest opportunity before a leaf canopy develops. My neighbours have no objection. The woodland is very dense and within the immediate vicinity of the affected trees are well established fir, oak, hazel and sycamore trees. I do not wish to re-plant. A visit by a case office in 2023/24 following a 2021 successful application confirmed that re-planting was not necessary given the sloping terrain, the existing healthy trees and the density of the woodland.
As published by the council, reference AT/2026/0076
Application record
- Reference
- AT/2026/0076
- Type
- Works To Tree Within TPO
- Status
- Awaiting decision
- Decision
- Refused As published: Part allowed/part refused
- Received
- 9 Mar 2026
- Validated
- 17 Mar 2026
- Decided
- 11 May 2026
- Ward
- Preston
- Decision by
- Delegated
- Postcode
- TQ3 1EX
Site history
Applications at this address on the Torbay register
This site has had 2 applications since 2021: 1 approved, 1 refused.
-
AT/2021/0105 Granted
108 Duchy Drive Paignton TQ3 1EX
T1 Ash - fell. Diseased T2 Ash - fell. Diseased T3 Ash - fell Diseased T4 Ash - fell Diseased T5 Ash - fell. Diseased T6 Ash - fell. Diseased T7 Ash - fell. Diseased T8 Ash - fell. Diseased T9 Ash - fell. Diseased T10 Ash - fell. Diseased T11 Ash - fell. Diseased. I do not wish to re-plant due to the sloping terrain and the closeness to the fencing of the rear garden (3 metres). The woodland is very dense. Within the immediate vicinity of the affected trees are well-established oak, sycamore and hazel. There would be no loss of amenity to the public. The trees are not visible to the broader public.
Timeline
Dates from the published record
-
9 Mar 2026
Received by Torbay
-
17 Mar 2026
Validated
Checked as complete and ready for consideration.
-
11 May 2026
Decision issued: Part allowed/part refused
-
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 documentsWhat 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
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108 Duchy Drive Paignton TQ3 1EX
T1 Ash - fell. Diseased T2 Ash - fell. Diseased T3 Ash - fell Diseased T4 Ash - fell Diseased T5 Ash - fell. Diseased T6 Ash - fell. Diseased T7 Ash - fell. Diseased T8 Ash - fell. Diseased T9 Ash - fell. Diseased T10 Ash - fell. Diseased T11 Ash - fell. Diseased. I do not wish to re-plant due to the sloping terrain and the closeness to the fencing of the rear garden (3 metres). The woodland is very dense. Within the immediate vicinity of the affected trees are well-established oak, sycamore and hazel. There would be no loss of amenity to the public. The trees are not visible to the broader public.
Granted Trees 7 docs -
96 Duchy Drive Paignton TQ3 1EX
Construction of extension to North West elevation (front) to include replacement of porch.
Granted Householder ExtensionSmall domestic -
Small domestic
-
6 Field Close Paignton Devon TQ3 1ET
Conversion and extension of existing garage to form bedroom with en suite bathroom
Granted Householder Extension 5 docsDomestic -
98 Preston Down Road Paignton TQ3 1DP
Certificate of Lawfulness for an Existing Use - Formation of single storey extension to north (rear) elevation.
Granted Lawful development ExtensionSmall domestic -
77 Duchy Drive Paignton TQ3 1EZ
Enclosure of existing driveway at rear to form a larger extension with bi-fold doors, roof lantern and solar panels, Garage conversion, Creation of new entrance with steps and terrace on front elevation and associated works.
Granted Householder Extension Windows or glazing 15 docsSmall domestic
Other tree works applications
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.
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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.
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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.
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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.
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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.