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Topic
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Hi there,
We have moved into a town house development. We all have outdoor terraces and none of them have consistent plantings – everyones is different. Our unit is one of two at the front in a semi-type configuration. We want to remove a tree behind our front fence and replace it with a hedge for improved privacy and (in our opinion) to improve the appearance of the property. The SC is telling us we can’t because the same tree is planted in the other unit and they say they like the symmetry of the two trees. The garden is not CP. Can they dictate what we do with our garden when no one else has had to conform to same-planting?
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In the absence of a registered planting policy adopted by a general meeting that directs the committee, I’d generally say ‘No, the committee can’t tell you what to have in your garden.’
A possibility is that it might be a ‘regulated tree’ (the ACT jargon) if it is larger than certain dimensions. Other states or councils might use other terms. If it is a regulated or significant tree it might be beyond the authority of the committee to permit its removal.