Felling of Highway Trees

We must consult with local residents on the felling of street trees in Torbay.  We do this where no exemptions apply. The exemptions are:

• the street tree has a diameter not exceeding 8 centimetres (measured over the bark, at a point 1.3 metres above ground level),
• the authority considers that the street tree is dead,
• the authority considers that the street tree is required to be felled:
  • by virtue of an order under the Plant Health Act 1967, or
  • under any enactment on the basis that the tree is dangerous,
• the authority considers that the street tree is required to be felled in order to comply with:
  • a duty to make reasonable adjustments in the Equality Act 2010 because the tree is causing an obstruction (see section 20 of that Act), or
  • a duty in section 29 of that Act (prohibitions on discrimination etc in the provision of services) because the tree is causing an obstruction, or
• the felling of the street tree is required for the purpose of carrying out development authorised by:
  • planning permission granted under section 70, 73, 76D, 77 or 79 of the Town and Country Planning Act 1990, or
  • outline planning permission granted under section 92 of that Act.

Active consultations are listed below. If you wish to comment on a proposal to fell a highways tree, please do so via the options below making clear the proposal that you are responding to.

Email: trees@torbay.gov.uk

Post:

Trees
c/o Community Services
Torbay Council
Town Hall
Castle Circus
Torquay
TQ1 3DR

The results of the consultation will remain applicable for a period of 2 years following the end of the consultation period. Within the 2 years the local Highway Authority may fell the street tree or trees in question provided a response to the consultation has been published at least 28 days prior to the felling taking place. After 2 years the results of the consultation will expire and a new consultation must be undertaken if the local Highway Authority wishes to fell any street tree or trees previously consulted on.

Active consultations

Tree reference: 37288

Location:  OS Hellinghay House, Seaway Lane  
Town:  Torquay
Tree(s):  Wild Cherry

Reason for removal: 

• Over Mature with extensive crown dieback over road.

Consultation starts:  01 August 2024
Consultation ends:  5 September 2024
Decision date: 11 September 2024

Decision: Tree to be removed due to extent of crown death. Verge suitable for replacement planting as specified

Tree reference: 128028

Location:  OS 76 Preston Down Road      
Town:  Paignton
Tree(s):  Pissards Plum

Reason for removal: 

• Poor vigour with dieback
• Fungal fruiting bodies on secondary stems.

Consultation starts:  01 August 2024
Consultation ends: 5 September 2024
Decision date: 2 October 2024

Decision: Decision to remove and replace as part of winter works

Tree reference: 17636

Location:  OS 69-71 Happaway Road       
Town:  Torquay
Tree(s):  Hornbeam

Reason for removal: 

• Stem decay with multiple fungal fruiting bodies associated with bark death
• Extensive crown dieback

Consultation starts:  01 August 2024
Consultation ends: 5 September 2024
Decision date: 11 September 2024

Decision: Tree to be removed and replacement undertaken as part of winter works

Tree reference: 34812

Location:  Outside Rugby Club, Rea Barn Road     
Town:  Brixham
Tree(s):  Grey Alder

Reason for removal: 

• 50% Crown Dead

Consultation starts:  20 August 2024
Consultation ends: 17 September 2024
Decision date: 2 October 2024

Decision: Tree to be removed and replaced due to impaired condition.

Tree reference: 2624

Location: o/s 34 Barton Hill Road
Town: Torquay
Tree(s): London Plane

Reason for removal: 

• Direct damage caused to third-party property
• Statutory nuisance

Consultation starts: 17 July 2024
Consultation ends: 14 August 2024
Decision date: 4 September 2024

Decision: Tree to be removed due to statutory nuisance issues and direct damage case which is subject to claim

Tree reference: 212 and 208

Location: Ansteys Close
Town: Torquay
Tree(s): Populus italica ‘Nigra’

Reason for removal: 

• the trees are outgrowing the planting area
• the underground utility infrastructure is at risk of direct damage
• damage to the highway

Consultation starts: 3 July 2024
Consultation ends: 31 July 2024
Decision date: 8 August 2024

Decision: Trees to be retained and subject to continuing assessment.  Ongoing monitoring of trees as part of cyclical assessments and review of any further damage to infrastructure informing future management options.

Tree reference: 22816

Location: outside 9 Kents Road
Town: Torquay
Tree(s): Lime

Reason for removal: Public safety

Consultation starts: 3 July 2024
Consultation ends: 31 July 2024
Decision date: 8 August 2024

Decision: Tree to be removed and replacement planting to be undertaken as winter works.

Tree reference: 21612

Location: outside Richmond Court, Rowdens Road
Town: Torquay
Tree(s): Lime

Reason for removal: 

• direct damage caused to third-party property
• statutory nuisance

Consultation starts: 3 July 2024
Consultation ends: 31 July 2024
Decision date: 2 August 2024

Decision: Tree to be removed.  Stump treatment in advance of tree removal to ensure effective prevention of regrowth.

Tree reference: 11432

Location: 16 Danvers Road
Town: Torquay
Tree(s): Lime

Reason for removal: Statutory nuisance

Consultation starts: 3 July 2024
Consultation ends: 31 July 2024
Decision date: 8 August 2024

Decision: Tree to be removed and replacement planting to be undertaken as winter works.

Tree reference: 114008

Location: o/s 14 Nutbush Lane
Town: Torquay
Tree(s): 1

Reason for removal: 

• extensive basal decay and significantly declining crown vigour
• weight imbalance over third-party property

Consultation starts: 10 December 2024
Consultation ends: 7 January 2025
Decision date: TBC

Decision: TBC

Tree reference: 5244

Location: o/s 59 Nutbush Lane
Town: Torquay
Tree(s): 1

Reason for removal: Poor crown vigour and extensive stem decay

Consultation starts: 10 December 2024
Consultation ends: 7 January 2025
Decision date: TBC

Decision: TBC

Tree reference: 12992

Location: Adjacent 12 Drake Avenue
Town: Torquay
Tree(s): 1

Reason for removal: Poor crown vigour and extensive stem decay

Consultation starts: 10 December 2024
Consultation ends: 7 January 2025
Decision date: TBC

Decision: TBC

Tree reference: 11208

Location: Adjacent 16 Drake Avenue
Town: Torquay
Tree(s): 1

Reason for removal: Poor crown vigour and extensive stem decay

Consultation starts: 10 December 2024
Consultation ends: 7 January 2025
Decision date: TBC

Decision: TBC

Exemptions

Tree reference: 26004 

Location:  Brunel Road
Town:  Paignton
Tree(s): Norway Maple Cultivar (Acer platanoides ‘Crimson King’)

Reason for removal:  Tree to be removed due to extensive bark death and decay on primary stem and secondary stems and unions.

Tree reference: 32844

Location: o/s 8 Quantocks Road
Town: Torquay
Tree(s): Rowan

Reason for removal: Dead

Tree reference: 32660

Location: o/s 126 Preston Down Road
Town: Paignton
Tree(s): Cherry Sp

Reason for removal: Dead

Tree reference: 32716

Location: o/s 153 Preston Down Road
Town: Paignton
Tree(s): Pissards Plum

Reason for removal: Dead

Tree reference: 17632

Location: Happaway Road
Town: Torquay
Tree(s): Lime

Reason for removal: The tree will be removed due to significant basal decay (fungal fruiting bodies present) and 50% crown dieback.

Tree reference: 34812

Location: Outside 200 Lymington Road
Town: Torquay
Tree(s): Lime

Reason for removal: Extensive basal stem decay and multiple fungal fruiting bodies.