Browse Forums Building A New House Re: Shadow from neighbour and solar access on our place? 3May 13, 2010 11:38 am Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Shadow from neighbour and solar access on our place? 4May 20, 2010 4:03 pm View our blog at: http://room4acubby.blogspot.com/ Re: Shadow from neighbour and solar access on our place? 6May 20, 2010 4:29 pm View our blog at: http://room4acubby.blogspot.com/ Re: Shadow from neighbour and solar access on our place? 8May 21, 2010 6:36 pm We didn't get shadow diagrams but the person I spoke to from council said they will request them. Privacy wasn't a concern the plans we got showed elevations only on that side as they have obscure windows bathrooms,ensuite and a high set windows. The council bloke told me that if the shadow diagrams show we have 3 hours of sun then it will get approved. Where is the 3 hours determined? To my walls? roof? my alfresco? Re: Shadow from neighbour and solar access on our place? 9May 21, 2010 7:51 pm Hi Fernyhouse, We had a similar issue to you. We are building an EB Memphis and our side yard (North Facing) is 4.4m away from the boundary. When our neighbour submitted plans, their double storey portion (most of the house) was just going to be 1.5m away from the boundary (so 5.9m in total). Thankfully we successfully objected to their plans, and they are now 3.5m away from the boundary, so 7.9m in total. Council requested that they mirror reverse their plans, and re-position on the block. If you would like me to send the letter I sent to my council, PM me your email address and I'll send it. Re: Shadow from neighbour and solar access on our place? 10Jul 10, 2013 6:59 pm michaelharvey1982 Hi Fernyhouse, We had a similar issue to you. We are building an EB Memphis and our side yard (North Facing) is 4.4m away from the boundary. When our neighbour submitted plans, their double storey portion (most of the house) was just going to be 1.5m away from the boundary (so 5.9m in total). Thankfully we successfully objected to their plans, and they are now 3.5m away from the boundary, so 7.9m in total. Council requested that they mirror reverse their plans, and re-position on the block. If you would like me to send the letter I sent to my council, PM me your email address and I'll send it. Hi, I realise many years have passed now but hoping that you will still get a notification that I've written on here I thought I'd try! We are currently in the same situation. We are a single storey house and they are all single storeys down our road apart from 2 doubles (one being built and one just proposed) that will sit on the blocks either side of us. I'm devastated as we had planned on solar elec, we already have solar hot water and the proposed double will cast a shadow over our north facing roof. Not to mention our entire living space faces the proposed double with only 3m to our fence line. I want to know what we can do to contest it. We are living in Victoria and would be very grateful for any advice anyone can give me! I hope all your houses worked out! Re: Shadow from neighbour and solar access on our place? 12Jul 10, 2013 10:27 pm Thank you. I've just written a letter and will send it off tomorrow. Re: Shadow from neighbour and solar access on our place? 13Jul 10, 2013 10:44 pm Unfortunately I think it's luck of the draw when building in a new estate... As long as their house meets the council requirements, I don't think you'll be able to stop them building it without a long and lengthy battle on your hands Thread: viewtopic.php?f=31&t=66299 Slab: 16/6/14 Frame: 4/7/14 Roof: 22/7/14 Lock Up: 20/8/14 Fixing: 26/8/14 PCI: 9/10/14 Handover: 20/10/14 Re: Shadow from neighbour and solar access on our place? 14Jul 10, 2013 10:55 pm It's just so unfair that they can stop us from being able to have solar power and they can change the look and feel of the inside of our house. I just wish estates had firmer rules - areas where only single storeys could be built and areas where doubles are allowed. It would be fairer to residents that way. We have put everything into this house and worked so hard for it only to now want to sell it because we will hate being sandwiched and not being able to have solar. To be honest, I don't mind a long and lengthy process because all I want to do is show the potential buyer how serious we are about not having a double next to us and hopefully scare them off. They haven't signed for the land yet. There are plenty of other blocks available and some next to already built doubles. I wish he would move on to one of those instead! Re: Shadow from neighbour and solar access on our place? 15Jul 11, 2013 10:29 am State your case to the council, see what can be done. As everyone has echoed there are requirements with councils and overshadowing, so I dont think you'll get left in the dark anyway. Just be sensitive to them as well and remember they arent deliberately trying to ruin your home... they probably arent even aware of how it will affect your plans. I had a neighbour oppose my build, simply because she didnt want a house next door! Said that the side entertaining area would push noise into her yard etc. It was a horrible shock, when all I was trying to do was build my new home on a block that I liked, I wasnt in it to upset the neighbour and was horrified that I had. But at the same time, I felt I had the right to build my home (and of course comply with the regulations that council set down) and not be pushed out. I compromised of course and built the entertainment area on the back instead, not because the council made me, but so I wasnt at war with the lady next door... And she still tried to stop the house being built there, even though she herself had only built there 3 years prior, and my block was always a house block - no surprises that someone might build on it one day. She just got used to having a a nice grassy paddock next door I think I've found with neighbourhood disputes the more empathetic you are to someone elses situation, and reasonable you are when coming to a mutual solution the better off everyone will be. She had her reasons for not wanting my house to be there, I had mine for wanting it to be there. You dont want to have bad blood with anyone before you or they have even moved in! Building next to vacant land is always going to bring surprises, it's one of the reasons people forgo building to buy established.. you know exactly what you're in for more or less. All the best and I hope you and the neighbours come to a solution that works for you both Thread: viewtopic.php?f=31&t=66299 Slab: 16/6/14 Frame: 4/7/14 Roof: 22/7/14 Lock Up: 20/8/14 Fixing: 26/8/14 PCI: 9/10/14 Handover: 20/10/14 Re: Shadow from neighbour and solar access on our place? 16Jul 11, 2013 11:26 am Thank you all for your feedback. I have become a little less irrational after a nights sleep! It was just horrible news and my instant feeling was to be upset and angry at everyone. I realise that the poor person just wants to build his home. My frustration is with the sales lady who won't pass on our concerns. We aren't allowed to speak with him ourselves due to confidentiality etc. but she won't pass on our thoughts and feelings to him (I'm assumung because she just wants the sale). He was looking at several blocks on the estate and I'm sure if we had the chance to tell him our concerns he would think more carefully about his plans. If it was a case of liking several blocks but needing to chose just the one maybe he would reconsider, who knows! But it's frustrating that a decision will be made without the buyer aware of our concerns and without giving him the chance to reconsider before he puts his money down. I think we also just can't believe our luck. The entire street is single storey apart from these 2 (potential) double storey blocks, which are either side of us. The double being built already feels like a tower so to have one the other side as well would feel so closed in and dark. You all must know how it feels to put absolutely everything you have into your home. It's our first home and we've come along way in order to get it. If it goes ahead it will always feel devastating, no matter how nicely it's dealt with. I'm just hoping that he's given an idea of how we feel rather than buying thinking everything is fine and happy. We should know by tomorrow. Thanks for being understand but also highlighting the other side of the coin. I think every single emotion thats possible has come out of me during this whole building process, which has lasted about 14 months now. My partner can't wait to have a normal girlfriend again! Re: Shadow from neighbour and solar access on our place? 17Jul 11, 2013 11:38 am You poor thing, that is rough luck being the one stuck between 2 I do know how it feels when you're building, every emotion is amplified 1000 times over... You lose the plot over the strangest stuff. You have every right to be upset! No doubt about it, I would be too Sometimes a good nights sleep can adjust your perspective a bit and the isnane anger can dissolve a bit It would solve so many of your issues to just be able to talk to the people planning on the build... annoying that the sales lady isnt helping you!! You can get details once it goes to council, but by then wheels are in motion and it's harder to change... easier to nip it in the bud before then. Fingers crossed that another block is just as suitable for the potential neighbours and doesnt have as much impact on the existing neighbours! Thread: viewtopic.php?f=31&t=66299 Slab: 16/6/14 Frame: 4/7/14 Roof: 22/7/14 Lock Up: 20/8/14 Fixing: 26/8/14 PCI: 9/10/14 Handover: 20/10/14 Re: Shadow from neighbour and solar access on our place? 18Jul 11, 2013 11:52 am Just want to throw out there that an overshadowing impact is a planning requirement. Are you just assuming that because the house is two storey that it will put your roof in shadow or have you seen a calculated assessment of where shadow falls from the proposed residence? The house would have to be extremely close and extremely tall to impact north sun on your north facing roof which will be when the sun is at its highest. I can understand preferring not to be the single storey between a pair of two storey houses but the reality is unless you buy vacant blocks on either side of your house, build the houses on either side yourself and then sell them, then you're never going to have any control over what may end up beside your house when building in a new estate. Personally I'd be more worried about who I'm living next to and them being good neighbours than what their house looks like. Complaining and making a fuss over them building a house that meets regulations but isn't to your taste probably isn't the best start to building good relations... Completed a knock down and rebuild in northern Melbourne. Handover completed 27/09/2013 and now moved in. Re: Shadow from neighbour and solar access on our place? 19Jul 11, 2013 11:57 am Object stating that you need to see a shadow diagram Re: Shadow from neighbour and solar access on our place? 20Aug 19, 2013 5:15 pm @hannahzoe83 Just checking to see how you went with your council. We are also in a similar situation and the neighbour has sent us the shadow diagram below http://s1296.photobucket.com/user/raj_paras/library/ I am trying to figure out what options we have, if any. For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 10490 The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 18188 |