Building home - tree overhanging house

Hey all,

I'm in the initial stages of purchasing this lot. The lot is just below 400m2 and large enough to build a decent sized home.

There is a beautiful but large Elm tree at the front of the lot. The branches from the tree cover about 40% of the lot.

Lot is located in rural victoria.

Section 32 mentions the following conditions re the tree-

Specific obligations of the co-owners
2.1 future development of the subject land must be undertaken in a way that will minimise any detrimental effects on the large elm tree.
2.2 elm tree must not be removed or lopped through any activity that may endanger the health of the elm tree, or without the consent of the council.

2.5 the construction method of any new dwelling on the subject land and any subsequent extension must:
d) provide minimal (less than 100mm) or no excavation
e) if any excavation must occur within the root zone of the elm tree, it must be done so with hand excavation.

My questions are:

1. Is it possible to build underneath the branch spread of the elm tree? Understand that there would probably be an issue with gutter cleaning as the leaves would constantly fall on the roof.
2. Could i put a request in with council to remove the entire tree? likely to be approved?
3. Does anyone know how i could find out what the tree root zone on an elm tree would be?

See below link to image of the lot with the tree.

Imgur

Any help much appreciated.

 

I'd say it's highly unlikely you could remove it but if you engaged an arborist you could probably safely trim it a bit.

The roots on a tree that size will be quite large. You'd probably need to build on stumps rather than a traditional slab.

I'd probably build from the back forwards and not have a backyard and instead have one massive frontyard to appreciate the beauty of the tree and reduce the issues.

 

It needs a gentle pruning. (Sorry no help).

 

consider water pipes

 

What direction is North in relation to the block, as this would directly affect any decision to purchase
If nth is to the front or left of the block great

The trunk actually looks quite close to the front boundary?

As per @Westminster , find a home design you like that minimizes the requirement for a rear yard, and make the most of the front

Driveway on the rhs with an auto gate (so any resident with kids won't have to worry about road/traffic) and a paved/concrete area with pergola to the lhs of the garage for outdoor entertaining under the tree shade ....

 

Just as a side note
Once built, most councils allow you to trim/prune about 10% per year
This would allow you to reduce any troubling low branches (too close to the house) in the following years

 

Sounds like it is a significant tree (and likely to be registered as such with Council).

Best to talk to Council first and see what their requirements are.

 

Thanks for the reply Stoffo.

The front of the lot is directly facing north.

The tree trunk is 2m in from the front of the lot.

I design / draft myself so can come up with something pretty easy. Just posting to make sure there wasnt any unknown issues that could pop up. Might even be worth posting my design up here once finished to get some other ideas from you experienced lot.

The lot has been on the market for 3 months and i think the tree has scared everybody off. Think i could get it for a low price. Its a 1 minute walk to to train station and 1 minute to town.

 

Whomever solves the most problems makes the most money. If the perceived risk > actual risk then take advantage of the arbitrage.

 

not sure if this is only in our council but if a tree on a vacant block is within 10 metres of a.house that was built pre 2009 on an adjacemt block. it is able.to be removed

does that tree really cover 40% of the block?

 

Quite a few Councils are specifically excepted from this rule - it’s related to BAL. Also might be different for a tree specifically listed in a section 32 (i.e. significant).

 

Not sure how far the root cover would be on a tree that size,but going by the drive-way and the crack ,then it may cover a large % of the footprint ..Looking from the plumbing side as it looks like r/h set-up ,and if built on a slab it will give you problems..imho..

 

Anyone imaginative enough to work with the tree (rather than trying to find ways to remove it or kill it) could come up wth something spectacular.

There seems to be enough room towards the back of the block for a reasonably sized house.
Marg

 

Yes, expansion joints. No crack in driveway, only recently laid.

The tree is massive with what i would imagine would be an established root system. I would be more concerned with the roots picking up the stumps on a home if the tree was smaller and still growing.

 

Water pipes?

 

Hi Daniel
Yes, once you start building, you will have to install services to the property, such as water and electricity. Firstly, from what I am reading in this thread, you cannot disturb the roots when excavating to lay these pipes, and secondly the potential for future intrusion of the root system into your pipes. Haven't you already considered this?

Generally root systems extend underground in direct proportion to the branches above ground, the canopy. This canopy extends completely across the front of the property.