Hi there,
We have Applied for DA for Duplex with Holroyd council in NSW.
They are reluctant to give an approval as our two story duplex overshadows next door neighbor’s living room’s window (However, they get more than 3 hours of sun for their private space). Next door neighbor has built their place in such way that 90% off their window are blocked by their own fence.
After little research, we found out that they got their approval for development only after Class 1 action. Council then force them to have enough sky lights to get enough solar access.
With Our development application, we are blocking their (current limited 10% solar access thru window) sole access but have more than 4 hour clear solar access thru their sky lights..
We are having meeting with council to stress above situation . but they are saying that they are going to refuse our application.
If we lodge class 1 action, do we have a case?