Browse Forums Building A New House Re: Recreational private open space 3Jul 04, 2020 8:10 am Check with the residential design codes and your Local Council You will require a 3D Bim Model and overshadowing details also include an neighbour impact statement on the site plan, bulk calculations, overlooking .etc, your designer should be able to assist you with this The better the data presentations the better the chance of success Cheers Chris Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Recreational private open space 4Jul 05, 2020 12:06 pm You may find that their terrace area is non-compliant and has been built without council approval. Log onto your council website as SBG says above and find out what the required POS is for your area. Roofed areas do not comply in our council area and it has to be a minimum of 60 sq m. Yours may vary. Stewie Re: Recreational private open space 5Jul 05, 2020 9:00 pm Stewie D You may find that their terrace area is non-compliant and has been built without council approval. Log onto your council website as SBG says above and find out what the required POS is for your area. Roofed areas do not comply in our council area and it has to be a minimum of 60 sq m. Yours may vary. Stewie Thanks stewie , it could be they are non-compliant , I measured the open area of my neighbour in question and it's approx 42 sqm or 40 sqm, the lot would be 540 sqm approx so 20% would be higher as per below. it's not 80sqm for sure. this is what I read on council website. "A dwelling should have private open space consisting of an area of 80 square metres or 20 per cent of the area of the lot, whichever is the lesser, but not less than 40 square metres. At least one part of Private open A17 space the private open space should consist of secluded private open space with a minimum area of 35 square metres and a minimum dimension of 5 metres and convenient access from a living room. It cannot include a balcony or roof top terrace." So if they are non-compliant that means I can apply and council would ignore fact I am over-shadowing non-compliant space ? Red below is neighbour and blue is where we are wanting to build , North being marked. on equinox day we could spill some shadow on the red marked space and are nervous about it. Do you think we should be allright ? Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Recreational private open space 6Jul 05, 2020 9:02 pm StructuralBIMGuy Check with the residential design codes and your Local Council You will require a 3D Bim Model and overshadowing details also include an neighbour impact statement on the site plan, bulk calculations, overlooking .etc, your designer should be able to assist you with this The better the data presentations the better the chance of success Cheers Chris Thanks mate, that's a ray of hope. Will work on this. Re: Recreational private open space 7Jul 06, 2020 4:11 pm I had a client who went through some over-shadowing of a neighbours non-compliant timber deck as part of their DA and how the council approached it was that they ( the council ) presumed that part of the existing deck would have complied had the neighbour lodged a DA for it ( about 10 sq m just off the neighbours rear lounge room ). The clients new upper floor would have shadowed this area for only 1 hour per day and was within councils guidelines. The rest of the deck was overshadowed for longer but being non-compliant wasn't able to be assessed. The clients DA was approved. It will also depend on your councils allowances for shadowing neighbouring properties. Ours is concerned with living areas - family rooms, outside living areas such as timber decks off lounge rooms etc. If these areas receive the minimum sunshine then you can only impact this area for one more hour per day. There are a few more caveats too. What council are you in and which state? Stewie Re: Recreational private open space 8Jul 07, 2020 12:10 pm Stewie D I had a client who went through some over-shadowing of a neighbours non-compliant timber deck as part of their DA and how the council approached it was that they ( the council ) presumed that part of the existing deck would have complied had the neighbour lodged a DA for it ( about 10 sq m just off the neighbours rear lounge room ). The clients new upper floor would have shadowed this area for only 1 hour per day and was within councils guidelines. The rest of the deck was overshadowed for longer but being non-compliant wasn't able to be assessed. The clients DA was approved. It will also depend on your councils allowances for shadowing neighbouring properties. Ours is concerned with living areas - family rooms, outside living areas such as timber decks off lounge rooms etc. If these areas receive the minimum sunshine then you can only impact this area for one more hour per day. There are a few more caveats too. What council are you in and which state? Stewie Much Appreciated Stweie , we are in Whitehorse council , East Melbourne. Looking at the areal view not sure how much shadow we would cast unless we sign up with somebuilder to do the initial work then offcourse you risk loosing money should you change builders. Re: Recreational private open space 9Apr 05, 2022 8:56 pm Hi Azra, could you please let me know how did you go with this. Building regulations defines Private Open Space as follows: "private open space" means— (a) an unroofed area of land; or (b) a deck, terrace, patio, balcony, pergola, verandah, gazebo, swimming pool or spa;" I wasn't sure if my neighbours Alfresco will be included in this definition to assess compliance with Regulation 83 (Overshadowing). Thanks in advance. Cupcake.girl This really depends on your local council. Each one has different definitions and ways to calculate contributions. This is called a contribution… 1 3582 Hi everyone, Looking for some advise. We are about to build an above ground pool in our backyard. There is a private sewer line running under the pool at 1.6m… 0 11757 If you already have a contract, is the inspection cost stated in there? If not they would be forced to issue you a variation which you could of course object to. 12 25863 |