Browse Forums General Discussion 1 Aug 23, 2016 7:00 am Hi fellow HomeOners, I'm building a KDR double storey with a volume builder and have had my dispensation for overshadowing rejected. Council advised it is only my garage that is the culprit and I can lower it. However my builder insists it won't help- I should say my building coordinator says it won't help. I doubt their building surveyor was engaged again to explore this option as they are all about saving costs. So before I fork out for my own surveyor for a second opinion are there any experienced opinion or advice out there? Here is the overshadowing drawing. Just from first sight, the shadow only impacts the south neighbour's garage! Thanks to anyone who can help! Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Re: Overshadowing but not overshadowing 2Aug 23, 2016 5:21 pm I wasn't even aware was this a thing! Good luck - it is worth trying all your options to get what you want. Re: Overshadowing but not overshadowing 3Aug 23, 2016 10:48 pm Thanks - I have to at least try. It may be a relatively new regulation? Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Re: Overshadowing but not overshadowing 4Aug 24, 2016 2:37 am I'm guessing council specific. We are about to be submitted for our local council approval. I'm hoping we don't encounter any unknown issues. What a pain for you. Re: Overshadowing but not overshadowing 5Aug 24, 2016 5:43 am I'm building in Victoria so it applies to all Vic builds to protect solar access. Hope you get your build permit easily! Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Re: Overshadowing but not overshadowing 6Aug 24, 2016 9:57 am Rules are specific to each particular council. Ours here on the Northern Beaches are all pretty much the same and you have to show the shadow diagrams whenever there is a change in the roof line for both the longest day of the year and the shortest at 9AM, 12AM and 3PM. The areas that they are most concerned with solar access are living and outdoor entertaining areas and you can't impact those for more than 2hrs a day ( a few other caveats as well ). What does your garage roof impact on your neighbouring property ? If it is only a garden area or side access with no impact on the amenity on your neighbours then I would be using that as your main argument. Stewie Re: Overshadowing but not overshadowing 7Aug 24, 2016 2:07 pm Stewie D Rules are specific to each particular council. Ours here on the Northern Beaches are all pretty much the same and you have to show the shadow diagrams whenever there is a change in the roof line for both the longest day of the year and the shortest at 9AM, 12AM and 3PM. The areas that they are most concerned with solar access are living and outdoor entertaining areas and you can't impact those for more than 2hrs a day ( a few other caveats as well ). What does your garage roof impact on your neighbouring property ? If it is only a garden area or side access with no impact on the amenity on your neighbours then I would be using that as your main argument. Stewie Thanks Stewie- we are building in the Monash council area (east Melbourne) but rules are same for most of inner Melbourne now. Our garage is shadowing the outdoor side access / rear of their garage- definitely not an entertainment space. They only have two meters side access so it's just a pathway. The neighbour actually objected to it. They still get full northern sun in all their north facing Windows though. Submitting consent and report applications are so expensive. It's $953 per item per application and we already have done two. I will give the Council a call to discuss again. But if lowering the garage allows more light onto their pathway/side access then I was hoping that would be win win. Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Overshadowing but not overshadowing 8Aug 24, 2016 7:39 pm Your application was not rejected due to overshadowing as there is non. You comply for reg 418 You however don't comply with north facing setback reg 417 which is why your application was rejected Re: Overshadowing but not overshadowing 9Aug 25, 2016 12:52 pm Correct- it's in breach of 417 as the side setback to protect the neighbour's solar access is not complied. Hence, our dispensation of 417 application. It was rejected by the neighbour as they say it's imposing on too much of their sunlight on their side access pathway. Which is why the council suggested lowering the garage to reduce the shadow and still build on fenceline, using another application for dispensation. Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Re: Overshadowing but not overshadowing 10Aug 25, 2016 7:07 pm Sorry momiji but you don't impact their sunlight for their side access. That's not what that regulations implies You affect the sunlight to their windows - reg 417 only applies to Windows. Your proposal could be easily alternated to comply or at least stand a better chance to be approved Re: Overshadowing but not overshadowing 11Aug 26, 2016 11:52 am Narrewarren01 Sorry momiji but you don't impact their sunlight for their side access. That's not what that regulations implies You affect the sunlight to their windows - reg 417 only applies to Windows. Your proposal could be easily alternated to comply or at least stand a better chance to be approved Thx NarrenWarren- other than moving the entire house north, can you suggest any other alternatives? Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Re: Overshadowing but not overshadowing 12Aug 26, 2016 3:41 pm Post a site plan with measurements pls Also what council you in? Re: Overshadowing but not overshadowing 13Aug 26, 2016 5:22 pm Narrewarren01 Post a site plan with measurements pls Also what council you in? Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Hope this helps. What I suggested was to move the garage forward to match the neighbour's (which will require a front setback dispensation) or lower the garage which was suggested by the council and apply for the 417 dispensation again on more favorable circumstances.... But my builder is contesting this. Thanks for looking at my plan Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Overshadowing but not overshadowing 15Aug 26, 2016 6:09 pm Well you have several options 1 - move house towards LHS by 300, reduce garage by 500mm and provide s flashing = no dispo required 2 move house forward as you said 3 reduce house through the middle, move the house over etc I would be asking for two cuts on this job one for the garage as nominated and another for the house. On this design the garage can be stepped down. Much better outcome for you Re: Overshadowing but not overshadowing 16Aug 27, 2016 9:37 am Thanks for the quick reply. Sounds like you have some experience in this area. I've only been offered option 1 from our builder and was assured they've investigated all avenues and there are no other options. Go figure. Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Re: Overshadowing but not overshadowing 17Aug 28, 2016 12:23 pm Moving the house forward so the back of the garages line up is the easiest. Just be mindful you will need a front setback dispensation and you need to make sure you don't undermine the adjoining garage. Re: Overshadowing but not overshadowing 18Aug 28, 2016 12:48 pm Yeh I'll see if moving house forward will be something the builder will be willing to do but I'm doubtful given that they've spent two months 'considering all other options' apparently. You'd think I as the client would be able to ask for a reasonable design wouldn't you? But at least I'll be able to negotiate with a bit more confidence now. Thx Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? Re: Overshadowing but not overshadowing 19Aug 29, 2016 12:17 pm I have a similar issue with overshadowing onto the neighbours outdoor entertainment/alfresco area. reg 418. since it's our first home don't know much about it so any help would be great. how long did it take for you to get a reply? it's been 4-5 weeks since the builders sent to council and haven't got any replies. also how much is it overshadowing to the neigbour? Overshadowing but not overshadowing 20Aug 29, 2016 2:08 pm My builder allows for 5 weeks for a response but my local council allows for 3 weeks. I called the council myself for the result. My overshadow diagram doesn't show any shadowing cast on neighbour's windows at all but the 417 reg requires that I can't build on the fence line and need to be setback 1m. Try calling the council yourself if you have the consent and report number. My council sent me a lodgement receipt directly so I knew the number. Building Porter Davis Waldorf 44 (KDR) in Melbourne East Sales: Oct '15 Tender: Jan '16 Contract: Apr '16 PCV: ?? Site Start: ?? 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… 1 2217 Hi All, I would appreciate some assistance with issues around overshadowing. We are hoping to build a double storey in Wyndham (Victoria), on a west facing lot, with our… 0 14308 1) I had requested R6 ceiling insualtion batts, however I noticed that on some areas there are huge gaps which will allow hot air to sweep in, and also noticed black/grey… 0 3476 |