Skip to content
PlanIndex Get alerts
Menu

Planning application

Lynway Court St Marychurch Road Torquay TQ1 3JP

Refused Torbay AT/2026/0094 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 per the work spec within the report. A previous application was turned down and a question was asked about how long the probe was used to measure the decay within the crown the probe was 8 inches long.

As published by the council, reference AT/2026/0094

Application record

Reference
AT/2026/0094
Type
Works To Tree Within TPO
Status
Awaiting decision
Decision
Refused As published: Part allowed/part refused
Received
26 Mar 2026
Validated
31 Mar 2026
Decided
22 May 2026
Ward
St Marychurch
Decision by
Delegated
Postcode
TQ1 3JP

Site history

Applications at this address on the Torbay register

This site has had 3 applications since 2019: 1 approved, 1 refused.

  • AT/2026/0227 Awaiting decision

    Lynway Court St Marychurch Road Torquay TQ1 3JP

    T003 ? Mature lime: Pollard to the main crown break, retaining the main stem and permanent primary scaffold framework. Thereafter manage as a cyclical pollard, with re-pollarding anticipated approximately every seven years. The works are requested following a ground-based assessment and subsequent climbing inspection. The aerial inspection identified multiple cavities within load-bearing primary branches supporting substantial upright stems. Three cavities were reported to extend beyond the diameter of the affected branch when investigated using an eight-inch probe. Further cavities and significant historic pruning wounds with associated decay were also recorded. The affected crown is exposed to wind and overhangs St Marychurch Road, the unsheltered Hatfield Cross bus stop and parts of Lynway Court. The inspecting arborist considered ordinary crown reduction but concluded that it would not sufficiently address the defects distributed through the primary crown. Pollarding is therefore proposed as a tree-retention and risk-management measure, rather than removal. T004 ? Mature lime: Crown reduce from approximately 30 metres to 28 metres in height and reduce radial spread from approximately 9 metres to 7.5 metres. Retain a natural flowing canopy outline and prune to suitable growth points. The T004 works are limited to crown reduction; pollarding is not proposed for this tree. T004 has previously been crown reduced and has responded with approximately 1?1.5 metres of regrowth. The proposed reduction continues this established management approach while retaining the tree?s overall form and amenity contribution. Both trees will be retained. All works will be undertaken by a competent and appropriately insured arboricultural contractor in accordance with the approved specification and BS 3998:2010, subject to appropriate ecological and highway-safety controls.

    Submitted 20 Aug 2026 Trees
  • AT/2019/0289 Granted

    Lynway Court St Marychurch Road Torquay TQ1 3JP

    T1 - Horse Chestnut - Cut path through chestnut to give a 0.5 radial spread from BT cable.

    Decided 17 Dec 2019 Trees

Timeline

Dates from the published record

  1. 26 Mar 2026

    Received by Torbay

  2. 31 Mar 2026

    Validated

    Checked as complete and ready for consideration.

  3. 22 May 2026

    Decision issued: Part allowed/part refused

  4. 12 Aug 2026

    Added to PlanIndex

Who's behind it

Company information only, from the register and Companies House

Topp Tree Care Agent, a tree-works contractor registered in Newton Abbot

Active · incorporated 2025 · Newton Abbot

46 applications on PlanIndex · across 4 councils · 47% 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

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

  • Lynway Court St Marychurch Road Torquay TQ1 3JP

    AT/2019/0289 Submitted 24 Oct 2019 50 yards away

    T1 - Horse Chestnut - Cut path through chestnut to give a 0.5 radial spread from BT cable.

    Granted Trees 4 docs
  • Lynway Court St Marychurch Road Torquay TQ1 3JP

    AT/2026/0227 Submitted 20 Aug 2026 50 yards away

    80% historically approved · decision due ~19 Oct

    T003 ? Mature lime: Pollard to the main crown break, retaining the main stem and permanent primary scaffold framework. Thereafter manage as a cyclical pollard, with re-pollarding anticipated approximately every seven years. The works are requested following a ground-based assessment and subsequent climbing inspection. The aerial inspection identified multiple cavities within load-bearing primary branches supporting substantial upright stems. Three cavities were reported to extend beyond the diameter of the affected branch when investigated using an eight-inch probe. Further cavities and significant historic pruning wounds with associated decay were also recorded. The affected crown is exposed to wind and overhangs St Marychurch Road, the unsheltered Hatfield Cross bus stop and parts of Lynway Court. The inspecting arborist considered ordinary crown reduction but concluded that it would not sufficiently address the defects distributed through the primary crown. Pollarding is therefore proposed as a tree-retention and risk-management measure, rather than removal. T004 ? Mature lime: Crown reduce from approximately 30 metres to 28 metres in height and reduce radial spread from approximately 9 metres to 7.5 metres. Retain a natural flowing canopy outline and prune to suitable growth points. The T004 works are limited to crown reduction; pollarding is not proposed for this tree. T004 has previously been crown reduced and has responded with approximately 1?1.5 metres of regrowth. The proposed reduction continues this established management approach while retaining the tree?s overall form and amenity contribution. Both trees will be retained. All works will be undertaken by a competent and appropriately insured arboricultural contractor in accordance with the approved specification and BS 3998:2010, subject to appropriate ecological and highway-safety controls.

    Awaiting decision Trees
  • Ryan Place 62 St Marychurch Road Torquay TQ1 3HG

    AT/2023/0072 Submitted 8 Mar 2023 50 yards away

    T001 - Holm Oak: re-pollard to previous pruning points. Historically pollarded. Re-pollard to previous pruning points. Tree is overhanging neighbouring property the south and over pathways of 62 St Marychurch Road. This is to ensure safety over multiple targets, to maintain a clearance of neighbouring property and to allow more light.

    Refused Trees 7 docs
  • 6A Shirburn Road Torquay TQ1 3JH

    P/2024/0624 Submitted 11 Sep 2024 100 yards away

    Formation of single storey extension to rear and conservatory replacement.

    Granted Householder Extension 12 docs
    Small domestic
  • Flat 1 Ryan Place 62 St Marychurch Road Torquay TQ1 3HG

    AT/2026/0162 Submitted 23 Jun 2026 150 yards away

    T13 Lime Dismantle and fell close to ground level. All works to be carried out in accordance with BS 3998:2010 Tree Work ? Recommendations. Remove all cut material from site and return to a Teign Trees depot for recycling, leaving the area safe, clean and tidy.

    Granted Trees
  • 47 St Marychurch Road Torquay TQ1 3JF

    P/2026/0133 Submitted 27 Feb 2026 150 yards away

    Installation of fixed line broadband apparatus.

    Decided Telecoms

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