There are standards that residential property developments in Victoria should meet to get a planning permit. The developer must adhere to all planning regulations under the Victorian Planning Provisions, schemes concerning overshadowing, and the overshadowing regulations in Victoria.
If you have plans to develop or build a residential house in Victoria, understanding the overshadowing regulations in Victoria can be of great help. It can make or break the overall results of your project.
Let us now look into the overshadow regulations in Victoria and how they can impact the design and development of your property.
What is Overshadowing?
Overshadowing happens when a property developer disregards the plight of their neighbors by blocking natural light from reaching their property and private outdoor space beyond the allowed limit. It can be by blocking the amount of light to their habitable living space or outdoor open space.
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Overshadowing Secluded Private Space
Standard A14 and B21
This clause protects homeowners from unreasonable neighbors whose developments block the natural light from their secluded outdoor spaces where they relax and enjoy sunlight.
These areas are often isolated from the public eye. You will find them behind the property or at the side and can be accessed easily from a living space. The open space should have a minimum dimension of 3 meters or as stated under the local jurisdiction.
This area is supposed to get at least 5 hours of sunlight between 9 am and 3 pm on 22nd September. That is if the sunlight in the area is reduced by the lesser of about 75%, or 40 square meters. Thus, the space should not be overshadowed any further if the requirements of the standards mentioned above are not met.
To better understand the overshadowing regulations in Victoria and regulations around shadowing your neighbor’s private open area and to what extent the restrictions apply, engaging professionals such as SQM Architects can be of great help. They can advise on the best way forward to help you comply with the set standards and still get a positive result from your project.
Applying the Standard
Overshadowing between 9 am and 3 pm
One of the things you need when applying for a planning permit is a shadow diagram with shadow images in line with the September 22nd Equinox. The shadow diagram should show how the shadow of the proposed development appears at 9 am, Noon, and 3 pm on September 22nd and its impact to the adjoining properties.
Taking into account the shadow of the existing property and the fence around the secluded open area on 22nd September at 3 pm, a minimum of five hours of sunlight should be received in the area measuring at least 40 meters squared. That is, the minimum time the sunlight should move across the secluded space from 9 am to 3 pm.
In most dwellings in concentrated inner-city neighborhoods, the overshadowing tends to be more than allowed by the requirements of the standard. In such instances, there cannot be any further overshadowing.
Frequently Asked Questions
How is Shadowing Measured?
It is computed as an average of, when the sun is at its highest during the summer and when it is at its lowest in winter. It is equated to a percentage to measure the extent to which you can block sunlight as set out in the overshadowing regulations.
What is a Secluded Open Space?
It is an outdoor space in your home secluded from public view and used for outdoor activities and relaxation.
Final Thoughts
The Victorian Planning Scheme has a set of guidelines that must be observed by all property developers, to protect the dignity and rights of existing neighbors.
Overshadowing regulations in Victoria and in general ensure property developers do not take away the right of their neighbors to enjoy the natural light in their properties, including private outdoor space. To avoid breaching those restrictions, it is necessary to familiarise yourself with the Victorian overshadowing regulations in your municipality and their implications.
Understanding the restrictions helps you bring out the best in your project and avoid violating overshadowing rules especially the overshadowing regulations in Victoria. If you have trouble understanding the restrictions, or the calculations involved, you can consult professionals such as SQM Architects for expert interpretation and counsel.
How to gain professional insights for FREE, no strings attached
Unsure about your next building project? Get expert advice, no strings attached! Take advantage of our FREE consultation at SQM Architects. We’re here to answer your queries and bring clarity to your vision. With our transparent process and reputable track record, your project is in capable hands.
About the Author
Sammi Lian, the founder of SQM Architects, has dedicated over 15 years of her career to the architectural industry. She works diligently with property developers, builders, investors, and homeowners, using her skills and knowledge to facilitate their building design needs.
