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Planning application

108 Duchy Drive Paignton TQ3 1EX

Refused Torbay AT/2026/0076 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

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
Part allowed/part refused
Received
9 Mar 2026
Validated
17 Mar 2026
Decided
11 May 2026
Ward
Preston
Decision by
Delegated
Postcode
TQ3 1EX

Timeline

Dates from the published record

  1. 9 Mar 2026

    Received by Torbay

  2. 17 Mar 2026

    Validated

    Checked as complete and ready for consideration.

  3. 11 May 2026

    Decision issued: Part allowed/part refused

  4. 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.

Trade members open them from here.

Open the documents

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.

More on trees applications in our guide

Nearby applications

Within 500 metres

  • 108 Duchy Drive Paignton TQ3 1EX

    AT/2021/0105 Submitted 17 Mar 2021 19m away

    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

    P/2025/0560 Submitted 1 Sep 2025 86m away

    Construction of extension to North West elevation (front) to include replacement of porch.

    Granted Householder Extension
    Small domestic
  • 6 Field Close Paignton Devon TQ3 1ET

    P/2010/0405 Submitted 6 Apr 2010 132m away

    Conversion and extension of existing garage to form bedroom with en suite bathroom

    Granted Householder Extension 5 docs
    Domestic
  • 98 Preston Down Road Paignton TQ3 1DP

    P/2026/0214 Submitted 31 Mar 2026 178m away

    Certificate of Lawfulness for an Existing Use - Formation of single storey extension to north (rear) elevation.

    Granted Lawful development Extension
    Small domestic
  • 77 Duchy Drive Paignton TQ3 1EZ

    P/2022/0481 Submitted 25 Apr 2022 219m away

    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 docs
    Small domestic
  • 167 Preston Down Road Paignton TQ3 1DW

    P/2022/1324 Submitted 6 Dec 2022 223m away

    Single storey rear extension, with flat roof to form larger kitchen/living space.

    Granted Prior approval Extension 6 docs
    Small domestic

In Torbay

  • AT/2026/0171 Granted

    2 High Grove Sunbury Hill Torquay TQ1 3ED

    Trim branch's back slightly from touching our property and roof space to stop damage and further accidents from happening. Silver Birch Tree Pruning Reduce the branches that are hanging over the roof and gutter. Cut back to appropriate growth points. Tree will be climbed and rigged down. By cutting away from gutters and roof - it should reduce future damage to the property. All work to be carried out by qualified and insured arborists. All waste to be removed responsibly and under license.

    8 Jul 2026 Trees
  • AT/2026/0216 Granted

    Brantwood Rowdens Road Torquay TQ2 5AZ

    All trees 1-6 to be removed completely, most are not identifiable as they are completely dead. All trees below an approximate height of twelve meters, and we wish to remove them as they are dead. We also want to remove the dead foliage on the slope to the side of the property, and cut back growth to a manageable condition for future maintenance. I have not been able to find specific tree preservation numbers for the trees 1-6 but I understand we are located in a conservation area and have therefor submitted this application.

    13 Aug 2026 Trees
  • AT/2026/0233 Awaiting decision

    South Ridge Middle Lincombe Road Torquay TQ1 2NE

    T1 - cedar. Reduce the lateral spread/end-loading on 3 x low limbs on the west side of the tree by 2.5m, from 9.5m to 7m.

    28 Aug 2026 Trees
  • AT/2026/0234 Awaiting decision

    12 Mena Park Close Paignton TQ4 7TA

    T1 Leyland cypress T2 Spruce We would like to fell both these trees, the spruce is cladded in ivy and poor form. The Leyland Cypress is again of poor form and completely over powering this garden. To replace these with Beech trees would make sense.

    28 Aug 2026 Trees
  • AT/2026/0166 Granted

    3 Roundham Road Paignton Torbay TQ4 6EZ

    Oak T 1 - Reduce lateral crown spread over the roof by up to 1. 1.5m, targeting only branches encroaching towards the property. Works to follow BS 3998: 2010 principles: retain natural form, prune back to suitable secondary growth, avoid creating large wounds, and maintain a balanced crown shape. The crown is in direct contact with the roofline, causing abrasion, debris accumulation, and increased maintenance needs. A modest reduction restores safe clearance while retaining the tree's amenity value. Oak T 2 and T 3 - Pollard the tree at an appropriate height to manage structural decline associated with Ganoderma. Retain a stable framework of sound scaffold branches; cuts to be made at suitable points to allow future cyclical management. All works to follow BS 3998: 2010 and be proportionate to the tree's condition and location. The tree shows signs consistent with Ganoderma decay, reducing structural reliability. Pollarding is a recognised BS 3998 management option for declining trees where retention is desirable but full crown load is no longer appropriate. This approach prolongs safe retention, reduces risk, and avoids premature removal. Cedar T 4 - Remove deadwood =40mm diameter and any unstable smaller deadwood throughout the crown. Deadwood is present in the crown, posing a risk to the garden and adjacent access areas. Beech G 1 - Lift branches over the road to a minimum height of 5.2m (standard UK highway clearance for vehicle routes). Lift branches over the pavement to a minimum height of 2.1m (standard pedestrian clearance). Where applicable, lift branches over cycleways to 2.5?m. Remove or shorten only those branches that obstruct safe passage or visibility, in accordance with Highways Act 1980 s 154. Pruning to follow BS 3998: 2010 prune to suitable secondary growth points, avoid excessive thinning, and retain group structure. The Beech group is producing low lateral growth that obstructs the public highway, affecting safe pedestrian and vehicle move

    30 Jun 2026 Trees