Note The following diagram illustrates the operation of aspects of regulation 417. Regulation 417: Solar access to existing north-facing habitable room windows 418 Overshadowing of recreational private open space (1) A building must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September. (2) If a building is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under subregulation (1), the amount of sunlight to that area must not be further reduced by the construction of the building. (3) 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. (4) In this regulation the required minimum area of a recreational private open space is the lesser of— (a) 75% of the recreational private open space; and (b) 40m2 with a minimum dimension of 3m. (5) In this regulation recreational private open space means any part of private open space on an allotment— (a) which is—
Note The following diagram illustrates the operation of aspects of regulation 417. Regulation 417: Solar access to existing north-facing habitable room windows 418 Overshadowing of recreational private open space (1) A building must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September. (2) If a building is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under subregulation (1), the amount of sunlight to that area must not be further reduced by the construction of the building. (3) 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. (4) In this regulation the required minimum area of a recreational private open space is the lesser of— (a) 75% of the recreational private open space; and (b) 40m2 with a minimum dimension of 3m. (5) In this regulation recreational private open space means any part of private open space on an allotment— (a) which is—
06-68sr038.docx