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Planning application

Meadow Bank 16 Penpethy Road Brixham TQ5 8NW

Refused Torbay AT/2026/0110 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

Beech T2 specifications 1) Reduce the sides of the southern, western and northwestern aspects of the crown by 2-3m with a 100mm maximum cut diameter. This northwestern crown radius will reduce from approximately 7m to 5m. The southern crown radius will reduce from approximately 7m to 5m. The western crown radius will reduce from approximately 14m to 11m. 2) Remove the lowest limb in the southern crown - approximately 200mm in diameter Beech T2 reason for works (Tree report must be read) Previous root disturbance is suspected - potentially destabilising the rooting system. The tree has a significant crown bias to the west. Pruning will reduce the loading on the root system and therefore reduce the likelihood of it uprooting. Tree stands within falling distance to parking. The lowest limb is struck by delivery vehicles, there are limited options for branch reduction. Beech T3 specifications 1) Reduce the sides of the northern, eastern and southern crown aspects by 2.5m ? use a 100mm maximum cut diameter. The crown radius will reduce from approximately 8m to 5.5m. 2) Reduce the top of the tree by 1.5m - use a 75mm maximum cut diameter. The height of the tree will reduce from approximately 19.5m to 18m. Beech T3 reason for works (Tree report must be read) The base of the main stem is decayed. Pruning will reduce bending load and torsional load on the stem base and reduce the likelihood of stem failure. The tree stands within falling distance to the neighbour's house.

As published by the council, reference AT/2026/0110

Application record

Reference
AT/2026/0110
Type
Works To Tree Within TPO
Status
Decided
Decision
Refused As published: Refused With Alternative
Received
17 Apr 2026
Validated
21 Apr 2026
Decided
15 Jun 2026
Ward
Furzeham With Summercombe
Decision by
Delegated
Postcode
TQ5 8NW

Timeline

Dates from the published record

  1. 17 Apr 2026

    Received by Torbay

  2. 21 Apr 2026

    Validated

    Checked as complete and ready for consideration.

  3. 15 Jun 2026

    Decision issued: Refused With Alternative

  4. 12 Aug 2026

    Added to PlanIndex

Who's behind it

Company information only, from the register and Companies House

JMW Arboriculture Ltd Agent, a tree-works contractor registered in Exeter

Active · incorporated 2024 · Exeter

14 applications on PlanIndex · across 5 councils · 92% granted

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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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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

  • Flat 1 Combe Bank Lindthorpe Way Brixham TQ5 8PB

    AT/2023/0015 Submitted 23 Jan 2023 200 yards away

    T001. 2 x Holm Oak. Crown lift over access road and garages for a ground clearance of of 4m to enable safe access and to balance trees. T003. 2 x Holm Oak. Crown lift over access road and garages, and communal seating area for a ground clearance of of 4m to enable safe access and to balance trees T10. Mixed group of trees. Crown lift Lime over parking spaces for a ground clearance of 4m. Side prune Holm Oak growing adjacent to building to achieve a sideways clearance of approx. 2.5 to 3m and a ground clearance over road of 4m. T007. Mixed woodland trees. Crown raise Sycamore growing over car park area of Penpethy Court for a ground clearance of approx. 4m. Holm Oak and Sycamore growing over footpath and highway between Penpethy Court and 2 Penpethy Road growing on Combe Bank land to be side pruned back to boundary wall and crown lifted over footpath for a ground clearance of 2.5m, and over highway for a ground clearance of 5.2m

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  • 3 North Hill Close Brixham TQ5 8RX

    AT/2026/0217 Submitted 14 Aug 2026 200 yards away

    80% historically approved · decision due ~15 Oct

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  • 22 North Hill Close Brixham TQ5 8RX

    AT/2020/0040 Submitted 8 Feb 2020 200 yards away

    80% historically approved · decision due ~8 Apr

    TPO Reference: 1975.14 TPO Type: Area Tree Ref: A2 WHP are retained on behalf of MBNL who manage the EE/Hutchison 3G Networks and our client has identified an obstruction (trees) which is currently affecting coverage to the area. The mast in which the trees are blocking forms part of the Emergency Service Networks. To reduce the two neighbouring trees by 4 metres in height.

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  • 85 Northfields Lane Brixham TQ5 8NR

    P/2021/0253 Submitted 2 Mar 2021 200 yards away

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  • 12 Vicarage Close Brixham TQ5 8JQ

    AT/2019/0290 Submitted 25 Oct 2019 200 yards away

    (T1 in report/sketch plan Holm Oak at 11 Vicarage Close Monitor only) No work at present T2 Monterey Pine Fell to ground level and replace with Scots Pine. Tree is in poor condition with sparse foliage and suppressed by T3. Low amenity value. T3 Monterey Pine Sectionally dismantle subsiding/hung up stem and fell to ground level, retaining other vertical stem. Stem is partially dead and is hung up in T2.

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  • 27 Northfields Lane Brixham TQ5 8RS

    P/2026/0445 Submitted 16 Jul 2026 250 yards away

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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

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    Received 3 Aug, published by the council 12 Aug 2026 Trees