Problem with Brisbane Council -- New Driveway and Tree

Hi All,

I demolished the house and start to build 1 house on each of the lots.

Now I have a problem for one of the houses.

There is a Jacaranda (street tree) in front of the block. I lodged a driveway application to council and was told I need to get approval from council tree section.

The tree section staff seems not willing to remove the tree.

If I move the driveway to the left side of the block, the plan is compromised due to setback.

I am building the right hand side lot at the same time so no setback for the garage if it is on right hand side. If moving garage to left hand side, it needs 1 meter setback.

My question is: does the owner have legal rights to have the tree removed or the council need to take consideration while making the decision that street tree should not compromise the building design?

I attached the plan.


Thanks in advance

Cheers

William

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Problem with Brisbane Council -- New Driveway and Tree