Overshadowing

Is a house likely to just get refused planning permission if the overshadowing is more than double the allowed area?

If they get approval, one option it to move your living areas upstairs and ideally place higher than their house. Also, probably worth considering wider setback from the border.

I think the OP's house is already built.
Their concern is the impact of the proposed house on their existing amenity.
Philsta what state are you in. All the regs I can find seem to relate to shadow on outdoor recreational areas.

Thanks for your reply. I'm in WA. I know the codes do vary a bit from state to state.

In Victoria at least, the overshadowing and overlooking doesn't apply if the neighbour's block is vacant land. If you are building after everyone else, then your house has to meet the strict criteria, obscure glass on overlooking windows, or house not getting approved if it creates too much overshadowing! Although you can also apply for consent on items that don't meet the criteria (with the appropriate fees of course)!

And if the neighbour's house is overlooking your areas after you build, there's nothing you can do, as they were there first!

If they aren't going to come to the party, then you probably need to re-look at your living area locations, to maximise the winter sun.

Council will determine compliance with the R Codes. If your neighbours house is not compliant it won't get approval.
Clauses 5.4.2 and 6.4.2 of the WA State Planning Policy will be applied.

5.4.2
C2.1 Notwithstanding the lot boundary setbacks in clause 5.1.3, development in climatic zones 4, 5 and 6 of the State shall be so designed that its shadow cast at midday, 21 June onto any other adjoining property does not exceed the following limits:
• on adjoining properties coded R25 and lower – 25 per cent of the site area;
• on adjoining properties coded R30 to R40 inclusive – 35 per cent of the site area;
• on adjoining properties coded higher than R40 – 50 per cent of the site area. C2.2
Where a development site shares its southern boundary with a lot, and that lot is bound to the north by another lot(s), the limit of shading for the development site set out in clause 5.4.2 C2.1 shall be reduced proportionate to the percentage of the affected property’s northern boundary that the development site abuts (refer to Figure 11b). Note: With regard to clause 5.4.2 C2.1 site area refers to the surface of the adjoining lot and is measured without regard to any building on it but taking into account its natural ground levels.


6.4.2
Notwithstanding the lot boundary setbacks in clause 6.1.4, development in climatic zones 4, 5 and 6 of the State shall be so designed that its shadow cast at midday, 21 June onto any other adjoining property does not exceed the following limits:
• on adjoining properties coded R25 and lower – 25 per cent of the site area;
• on adjoining properties coded R30 to R40 inclusive – 35 per cent of the site area;
• on adjoining properties coded R50 to R60 inclusive – 50 per cent of the site area.

Where a development site shares its southern boundary with a lot, and that lot is bound to the north by another lot(s), the limit of shading for the development site set out in clause 6.4.2 C2.1 shall be reduced proportionate to the percentage of the affected property’s northern boundary that the development site abuts (refer figure 11b). Note: In this context site area refers to the surface of the adjoining lot and is measured without regard to any building on it but taking into account its natural ground level.

Build two story, and put the kitchen and living areas upstairs, and bedrooms downstairs!
Then you will be up in the sun, and have the best views from your leisure areas!

Thanks for the comment but this is not practical.

Have you spoken to anyone at the council yet? They are usually pretty helpful.

I've had a bit of a chat to them but they are careful not to give too much away. I wanted to go in and talk to them and show the diagrams but they have still not opened up again (everyone overreacting to this virus).

Stab in the dark I guess but I thought there might be some lurkers on here who have been through a similar experience in the past and might have some insight.

My understanding is if it doesnt comply, it then has to go through development approval, where you would be contacted for comment, and it may be opened up for public comment too.

Keep talking to your shire...

You need to lodge a submission to the DA, can’t get approved if it significantly varies from the development instrument especially if state legislated rather than local DCP. The council opens themselves to legal challenges otherwise.

If they seem like nice people maybe let it slide but if they aren’t you don’t lose much anyway.

Thanks

If it was a bit over the regulated amount of overshadowing then of course I would let it slide, but as it stands it is more than double.

Hi Sparkyf just a quick question if you don't mind please. I am in similar situation with 2 vacant blocks on either side and for some reason Builder has obscured the windows of bedrooms. I will ask them to confirm but do you have any document or information which would assist me to have a look for Victoria. I am sure the rule will not apply as its vacant lands but just wanted to get your opinion as well.

Thanks

Have a read through this one (and download for reference):
https://www.vba.vic.gov.au/__data/assets/pdf_file/0010/99388/PN-47-Siting.pdf

I've been through the information on Building Regulations 2018 (84) Overlooking, but I can't find anything that refers to vacant land overlooking being an issue, it only mentions about "private enclosed space" or "habitable room windows".

I would be asking the questions also why the windows are obscure if you are building first. It can't be a council requirement (or if it is, then ask the builder to install clear windows with obscure film, which will pass inspection, and then can be removed to give you a view (and as you build first, then there are no overlooking issues regardless of what and where the neighbours build!

Victorian Consolidated Regulations
BUILDING REGULATIONS 2018 - REG 84
Overlooking
(1) A habitable room window or raised open space of a building on an allotment must not provide a direct line of sight into a habitable room window or on to a secluded private open space of an existing dwelling on an adjoining allotment.
(2) In the case of a direct line of sight from a habitable room window, the line of sight is any line measured from a height of 1·7 m above the floor level of the habitable room and contained within the space enclosed by—
(a) a vertical plane measured at an angle of 45° from each side of the window; and
(b) a horizontal plane 1·7 m above the floor level of the habitable room; and
(c) the ground level below; and
(d) a horizontal distance of 9 m from the window.
(3) In the case of a direct line of sight from a raised open space, the line of sight is any line measured from a height of 1·7 m above the floor level and along the perimeter of the raised open space to any point within a horizontal distance of 9 m from the raised open space and extending 45° beyond any point where the perimeter of the raised open space meets a wall of a building.
(4) In the case of a secluded private open space, the horizontal distance of 9 m referred to in subregulation (2)(d) or (3) is to be measured from the ground level.
(5) A habitable room window complies with this regulation if—
(a) in the case where a habitable room window provides a direct line of sight into a habitable room window of an existing dwelling on an adjoining allotment, it is offset a minimum of 1·5 m from the edge of one window to the edge of the other; or
(b) it has a sill height at least 1·7 m above floor level; or
(c) it has obscure glazing in any part of the window below 1·7 m above floor level; or
(d) the direct line of sight is obscured by a permanent and fixed screen that has no more than 25% of its area open.
(6) A raised open space complies with this regulation if the direct line of sight into the habitable room window or on to the secluded private open space on the adjoining allotment is obscured by a permanent and fixed screen which has no more than 25% of its area open.
(7) A window referred to in subregulation (5)(c) may be able to be opened provided that when open the obscure glazing does not permit a direct line of sight on to the secluded private open space or into the habitable room window referred to in subregulation (1). This regulation does not apply to a new habitable room window or raised open space that faces a property boundary if—
(a) there is a visual barrier at least 1·8 m high at the boundary; and
(b) the floor level of the room or the raised open space is less than 800 mm above the ground level at the boundary.
(9) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.
(10) In this regulation—
"raised open space "means a landing with an area of more than 2 m sq, a balcony, a terrace, a deck or a patio;
"secluded private open space" means any part of private open space on an allotment—
(a) which is screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5 m high and that has no more than 25% of its area open; and
(b) which is primarily intended for outdoor recreation activities.

Thanks Sparkyf.

I agree with your comments and it was my understanding as well but I am really surprised to see why they have put obscured windows. I have asked them and will wait for them to confirm. On top of that they are charging me extra for those windows !

Cheers !

And the annoying part is when you DO have overlooking, you only have to obscure the bedroom windows, NOT the bathroom windows! Streaker next door!

Hi Sparkyf,

I am a first homeowner, building a double storey house on a new estate. our land is facing a North east and settlement is in a few weeks.

will i have an issue on overshadowing if my neighbor builds single storey? or double storey?
is overshadowing a possible issue on lands facing east, south east and north east only?

will having a building permit before your neighbor get an occupancy cert be the best solution?

any input is appreciated.

Your shadows are checked based on date of 22nd September, at 9am and 3pm.

There is a brilliant app called suncalc (www.suncalc.org) where you can zoom into your street address, enter the date (22nd Sept) and enter the max height of your house. You can move the yellow slider at the top, and the black line will show your shadows, and tell you the length.

Overshadowing is mostly on the south east and south west, so in your case there will be shadows to the back of the house (morning), and front right (afternoon).

As an example, if your house is 8.5M (max), the shadow in the afternoon will be 11.7M, so if you have a tall house and narrow block, you can calculate or measure where the shadow will fall on the neighbour's yard. The regulations cover how much daylight is in their private open space:

A14 and B21 Overshadowing of open space
This standard protects existing private open space from overshadowing from new developments.

Standard A14 and B21
Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.


Overshadowing can occur regardless of block direction, if the house occupies a large percentage, and/or is very high. Ideally you would want the living area windows facing northerly, to get free warmth from the sun in winter, as an example.

Our block faces southwest, so our dining and kitchen windows will get the northerly sun (and solar panels are also on the long side facing NW-NE).

Even having the planning permit will help, as that will be passed by council, who take into consideration overlooking as well as overshadowing. We also exceeded the max height of 7.5M, but there is a building regulation that states if your block slopes more than 2.5 degrees then you can exceed that by up to 1M (we did, our block slopes 5 degrees)!

www.suncalc.org

Overshadowing rules:

[b]Complete document:
https://www.planning.vic.gov.au/__data/ ... e-2015.pdf[/b]

Ours:

Very well written and knowledge sharing Sparkyf .

I would like to add couple of observations around the obscuring of the windows. As mentioned it depends upon the overlooking requirement and what I came to know also depends upon the building envelope/overlooking restrictions on that particular block.

For example we are building double storey and have vacant lands on left and right. There is no issue of overlooking but still have to obscure the windows as the house is encroaching the overlooking envelope on that block of land which is like any window within 2m or so from the side boundary have to be obscured irrespective of the overlooking/overshadowing calculations. This is how the Building Surveyor explained to me when I challenged to get the obscure windows removed as there was no overlooking issue as side blocks being vacant.