Skip to content
PlanIndex Get alerts
Menu

Planning application

1 Marcent Row St Marys Hill Brixham TQ5 9GQ

Refused Torbay AT/2026/0078 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

As detailed by the arborist, George Trott. Ref 6.2 and 6.3 of his report. These are Sycamores. Potentially, with increased storm speeds, two huge tree trunks over my boundary could damage my property.

As published by the council, reference AT/2026/0078

Application record

Reference
AT/2026/0078
Type
Works To Tree Within TPO
Status
Decided
Decision
Refused As published: Refusal
Received
10 Mar 2026
Validated
9 Apr 2026
Decided
2 Jun 2026
Ward
St Peters With St Marys
Decision by
Delegated
Postcode
TQ5 9GQ

Timeline

Dates from the published record

  1. 10 Mar 2026

    Received by Torbay

  2. 9 Apr 2026

    Validated

    Checked as complete and ready for consideration.

  3. 2 Jun 2026

    Decision issued: Refusal

  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.

Watch members (£5 a month) open the document list from here.

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

  • Land Oppposite 33 St Mary's Hill Brixham TQ5 9GX

    AT/2023/0065 Submitted 3 Mar 2023 150 yards away

    31.000 - Sycamore - Located within a shrub bed. Twin co-dominant stems at GL. Compressed main union with included bark. Stem to union ratio is 80 percent. Outwardly sound with a minor occluding bank wound on the north side. Slight lean south and asymmetrically crown weighted south. Cobra brace installed at 10m. 22/11/2013 Area of bark death noted on N side and progressing up the trunk to 1m. Dark lesions noted on E stem at 1m, 04/09/2015 necrosis around base of compressed union on N and S sides, visible split on north and south sides. Necrotic tissue could prevent the ability of the tree to produce load adaptive growth24/03/2017 vascular fusion above necrotic areas05/07/2018 gl south side - sunken lesion and frass. Both north and south side at gl have lesions, bark death and exposed necrotic sapwood.13/10/2020 ongoing degrading of lower bole 16/05/2022 Thin weak crown with small chlorotic leaves in comparison to other sycamore (more so over N and E aspects with around 30% of crown density) Probably caused by the fungi Verticilillium spp. Measuring tape placed around stem (agl) 0mm marked N: 0 -50cm exposed dead sapwood. 50 -80cm live bark. 80-90cm dead bark and exposed sapwood. 90-100cm rib of occlusion appears live. 100-200cm exposed dead sapwood. 200-300cm dead bark.

    Granted Trees 5 docs
  • 4 Ealing Close Brixham TQ5 9RW

    AT/2026/0259 Submitted 18 Sep 2026 150 yards away

    80% historically approved · decision due ~17 Nov

    G016619 mixed broadleaves - Clear vegetation encroaching in & around the communal bin store access & use back to the fence boundary. Clear vegetation around and from the front gate to the back gate and all the way down the side of the property of No4 all the way down the steps where this is touching the building - back to the fenceline.

    Awaiting decision Trees
    Small domestic
  • 1 St Marys Hill Brixham TQ5 9GY

    AT/2026/0012 Submitted 7 Jan 2026 200 yards away

    St Marys Hill: 1:A- group of mixed broadleaf trees between footpath and buildings to crown raise to 3m over footpath and to side prune to achieve 2m clearance from buildings Stmary Hill: 1:E- group of mixed broadleaf trees encroaching on footpath and streetlights. crown raise to 3m over footpath and prune away from street lights and signs St Marys Hill: 1:F- mixed species hedge to be reduced to 1.2m and maintained as hedgerow

    Granted Trees
  • 10 The Crescent St Marys Hill Brixham TQ5 9GU

    AT/2025/0340 Submitted 13 Nov 2025 200 yards away

    G2 - London Plane and Pine - To clear streetlight splay - To give a 1.5m radius around lamp head - lakeside.treaty.wheels T1 - Mature Lime situated opposite No10 The Crescent - To clear streetlight splay - To give a 1.5m radius around lamp head - group.crash.thinkers

    Granted Trees
  • Land Off St Mary's Hill Brixham

    P/2020/0119 Submitted 29 Jan 2020 250 yards away

    Removal of hedge bank and installation of 5 bar agricultural gates (retrospective)

    Decided Full applications 14 docs
  • 1 Higher Penn Brixham TQ5 9PA

    P/2025/0717 Submitted 10 Nov 2025 250 yards away

    Variation of condition in relation to P/2025/0227 (Construction of single storey pitched roof side extension to form additional accommodation.): Condition 01 - (Materials to match). Variation sought: composite cladding finish instead of painted render.

    Refused Amendments Extension
    Small domestic

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