Safely building a driveway over tree roots

[Jtree]

I have a large pine tree (approx 3 foot radius)  about  6 foot from the boundary with my neighbour. His driveway is currency tight to the boundary and is old asphalt with a patch of bare earth and stones. Some tree roots are visible in the bare earth.

 

He is planning to redo the driveway with block paving. I'm not sure if he plans to excavate or build up the existing surface.

 

Should I be concerned about his new driveway damaging my tree? The pine has a lean on it and would cause serious damage if it fell, but it is currently healthy and I don't want to remove it.

 

Is there a recommended method of construction that will protect the tree roots? I believe my neighbour intends to do the work himself and I want to be able to insist on the correct precautions. If he uses a digger to remove the asphalt can this be done without damaging the roots?

 

Thanks

Edited September 7 by Jtree
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[peds]

Ah come on mate, give us some pictures. They are worth a thousand words!

 

 

[daltontrees]

Not enough info. Is there a tree preservation order or conservaiton area. What size of tree (stem diameter, height crown speread)