Hi,
I am seeking clarification on the inclusion of overshadowing on plans. My initial contract did not have these drawn, and stated on the plans that these measurements would not be required unless building permits for vacant blocks were issued first. These then were drawn on later plans and resulted in the movement forward of one side of the home and reduction of space at rear of open plan.
When I enquired about this, I was told that this related to regulation 83 (overshadowing) and sent the regulation handout. When I raised that reg 83 did not apply to small lot housing code, I was then told that overshadowing is drawn on plans and is also used to show 'shadowing' of private open space. I am confused, it the two are different in building terms, and have separate regulations, why are they drawn and labelled as the same thing? I should add, that the plans still had written that measurements would not be required unless permits were issued prior to my permit approval on vacant blocks. I was again told that overshadowing also refers to shadowing cast by my own building in my yard. I cannot find any site or regulation that states these as the same.
If drawn the same, and the terms overshadowing used to also represent shadowing of private open space, when reviewing plans, how could one possibly sign and be expected to know that 'shadowing' was an entirely different regulation to overshadowing? I also cannot find building documents that state that the two are represented on plans in drawings and in wording on plans. SO CONFUSED.
Would appreciate any help.
Overshadowing clarification - planning - SL housing
Page 1 of 1
I am not based in Victoria however i had a quick look into your question to understand what you were asking.
The way I read the regulations, overshadowing relates to the impact of your dwelling on the private spaces of other dwellings and is a calculated figure (amount of overshadow).
If there are no houses around you ("would not be required unless building permits for vacant blocks were issued first") i dont understand how this is an issue because there is nothing to measure against (level of shadowing).
Shadowing seems to be the measurement applied to determine any overshadowing, so to me the two terms are read in conjunction but one is a measure of the other.
A couple of links I read are:
https://lclawyers.com.au/elibrary/overs ... developme/
The main takeaway i got from this in reference to the application of overshadowing to your site - "The Objective of this clause is “To ensure buildings do not unreasonably overshadow existing secluded private open space.”
https://sqmarchitects.com.au/overshadow ... -victoria/
My main takeaway from the above website is this: I would ask my builder for the shadow diagram that justifies the change in location of the dwelling. Ask them to support their changes with details/facts rather than "so it complies".
Treat them like a CHATGPT instruction (your builder) and say, "explain to me step-by-step your rational". I'm not saying this to be silly, just to point out that they should be able to clearly articulate their reasoning to you. That would be the most desirable outcome. There could be reasoning for what they have done, great, prove it so you understand how and why it was done.
Or in short, show me your shadow diagram
Overshadowing between 9 am and 3 pm
One of the things you need when applying for a planning permit is a shadow diagram with shadow images in line with the September 22nd Equinox. The shadow diagram should show how the shadow of the proposed development appears at 9 am, Noon, and 3 pm on September 22nd and its impact to the adjoining properties.
This planning practice note was particularly informative on explaining the terms to me:
https://www.planning.vic.gov.au/__data/ ... r-2023.pdf
Page 8 of this document - https://vpa.vic.gov.au/wp-content/uploa ... -20141.pdf
Page 9 of this document - https://vpa-web.s3.amazonaws.com/wp-con ... r-2019.pdf
I hope this helps you.
It was what i was able to learn about this topic in the last 30 minutes of reading about it.
May the force be with you
The way I read the regulations, overshadowing relates to the impact of your dwelling on the private spaces of other dwellings and is a calculated figure (amount of overshadow).
If there are no houses around you ("would not be required unless building permits for vacant blocks were issued first") i dont understand how this is an issue because there is nothing to measure against (level of shadowing).
Shadowing seems to be the measurement applied to determine any overshadowing, so to me the two terms are read in conjunction but one is a measure of the other.
A couple of links I read are:
https://lclawyers.com.au/elibrary/overs ... developme/
The main takeaway i got from this in reference to the application of overshadowing to your site - "The Objective of this clause is “To ensure buildings do not unreasonably overshadow existing secluded private open space.”
https://sqmarchitects.com.au/overshadow ... -victoria/
My main takeaway from the above website is this: I would ask my builder for the shadow diagram that justifies the change in location of the dwelling. Ask them to support their changes with details/facts rather than "so it complies".
Treat them like a CHATGPT instruction (your builder) and say, "explain to me step-by-step your rational". I'm not saying this to be silly, just to point out that they should be able to clearly articulate their reasoning to you. That would be the most desirable outcome. There could be reasoning for what they have done, great, prove it so you understand how and why it was done.
Or in short, show me your shadow diagram
Overshadowing between 9 am and 3 pm
One of the things you need when applying for a planning permit is a shadow diagram with shadow images in line with the September 22nd Equinox. The shadow diagram should show how the shadow of the proposed development appears at 9 am, Noon, and 3 pm on September 22nd and its impact to the adjoining properties.
This planning practice note was particularly informative on explaining the terms to me:
https://www.planning.vic.gov.au/__data/ ... r-2023.pdf
Page 8 of this document - https://vpa.vic.gov.au/wp-content/uploa ... -20141.pdf
Page 9 of this document - https://vpa-web.s3.amazonaws.com/wp-con ... r-2019.pdf
I hope this helps you.
It was what i was able to learn about this topic in the last 30 minutes of reading about it.
May the force be with you
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