..prior to a build commencing.
When I was in the final plans stage, the csc at Clarendon advised that a tree on one side of us would have to be removed by the other lot owner before they could build but our trees would be ok. They also mentioned that there was another tree on the other side of us that would most likely need removing by the other lot owner prior to their building commencement. The lot owner on the first side has done the removal but still no slab poured but the second lot owner has not removed the tree and had slab poured.
Would this be because an engineer determined the tree would be safe to leave? The tree in question is younger than all other trees in the area but still around 15 to 20 metres high. It leans over the top of our land, ending up completely over our roof by the top of the tree. It's concerning because the tree is leaning over from the ground level. The other thing is that it is less than 2m from the edge of their slab.
I was under the impression that if the tree was within a certain distance of the slab, it needed to be removed prior to build commencement..? I tried googling to try and find council rules on this kind of thing but all I could find was stuff about applying for tree removal in a vegetation protection area.
I've included some pictures to show how much it leans and how close it is to the other owner's slab.
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