1 Metre Planting Strip between Car Park And Our Garden--Building Breach?

I have just emailed Ross Willis from Council and CC'd Peter Ray and Chris Potter too. We have concerns that our back garden, which is right next to a 4 spot carpark, needs to have the full 1 metre landscaping strip as per plans so that we have protection of the roots of the Birch Tree as well as offering some protection from noise. Our concern is whether the 1 metre planting zone is being abided with.

The plans indicate a 1 metre stip of landscaping from the beginning of the retaining wall, see above. However, looking over the fence, this is what we see:

The Planning Tribunal clearly state that there should be clearance there to protect the roots of our old Birch Tree as well as to offer some landscaped zone between the carpark and our back yard.

The ruling states that the clearance area needs to be at the satisfaction of the Director of Development and Environmental Services. I have asked Ross to look into this and forward our concerns if appropriate.

NEWS FLASH: Chris Potter turned up to inspect the 1 metre setback 30 minutes later. Peter has just emailed me: "The 600mm high landscape wall is closer than a 1m to the fence as it tapers. Approx 2m is between a metre and 850mm.  Chris Potter has informed the developer that minor additional footings will be require to meet condition 5 of the planning permit. "

Our back windows are tinted and we often take photo's from there. We were watching the inspection  and Mehrab-Khani is furious. He kept looking up at our windows. He realises we can see him. He is walking around absolutely livid. But in reality he should be upset with himself because he is not following the building plans -- yet again.

This was taken from the tinted window moments after Chris Potter left the site.