Overshadowing and MCP

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 neighbouring property almost two months away from completion, while we are still at colours selection.

The (volume) builder has advised us that would not get a permit as there would be overshadowing on the neighbours lot and suggest we do a report and consent which has a 50-50 chance of success (which I doubt).

To get some more information on this, we approached a planner that found that the MCP has a clause where ‘for the north facing window to be recognised for the purposes of solar access (regulation 82), the window needs to be more than 3m from the boundary of the neighbours lot’.

I have checked and it is not. I have raised it with my builder but have limited confidence in their ability to navigate this.

I have called the council to get more info but they have just said that without the plans, they can’t advise further but mentioned that the MCP supersedes the building regulations.

Has anyone been in this situation or can advise how we move forward with this?

Your time and assistance would be appreciated.

Thanks!