Planning application
Meadow Bank 16 Penpethy Road Brixham TQ5 8NW
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
-
17 Apr 2026
Received by Torbay
-
21 Apr 2026
Validated
Checked as complete and ready for consideration.
-
15 Jun 2026
Decision issued: Refused With Alternative
-
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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Plans, drawings, consultee responses and the officer's report
Documents on file for this application
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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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Flat 1 Combe Bank Lindthorpe Way Brixham TQ5 8PB
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
Granted Trees 4 docsSmall domestic -
3 North Hill Close Brixham TQ5 8RX
80% historically approved · decision due ~15 Oct
Tree Surgeon consulted: Greg Laywood, Clear View Tree and Hedge Services Ltd. Recommendation for a cyclical application to undertake cyclical crown reductions (3/5 yearly) on a Holme oak tree located within the rear garden of the property, with the height reduced to 1m below an overhead telephone cable which has been enveloped within the canopy. All as previous application ref: AT/2021/0099/TPO, approved 11th May 2021. The tree also overhangs the access road to North Fields Industrial Estate which is used by multiple companies, serviced by large lorries and delivery trucks. A reduction on the canopy width will bring the canopy within the property boundary whilst maintaining the shape and proportion of the tree. The works are required to prevent damage to the telephone cable, and to prevent damage to the tree and vehicles as the delivery vehicles access/egress the Industrial Estate . All works will be undertaken by a Tree Surgeon in conformance to BS3998 "Recommendations for Tree Work 2010".
Awaiting decision Trees -
22 North Hill Close Brixham TQ5 8RX
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.
Awaiting decision Trees 3 docs -
85 Northfields Lane Brixham TQ5 8NR
Formation of single storey extension to rear, loft conversion & replacement porch.
Granted Householder Extension Loft or dormer 16 docsSmall domestic -
12 Vicarage Close Brixham TQ5 8JQ
(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.
Granted Trees 5 docs -
27 Northfields Lane Brixham TQ5 8RS
88% historically approved · decision due ~10 Sep
Alterations to decking, new balustrades, removal of North East elevation bedroom window. Additional dormer windows and Velux window to front.
Awaiting decision Householder Loft or dormer Windows or glazingDomestic
Other tree works applications
In Torbay
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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.