New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 104

104 Privacy for other residential development

(1) Consent shall not be granted to development for the purpose of accessible housing, a dual occupancy or multi-dwelling housing unless the development is designed to maximise visual privacy in accordance with this clause.

(2) Proposed habitable room windows with a direct outlook to habitable room windows or private open space of an adjacent dwelling will be permitted only where these have a separation of no less than 6 metres.

(3) Where proposed habitable room windows will have a direct outlook to habitable room windows or private open space of an adjacent dwelling and are separated by less than 9 metres, the proposed window will--

(a) be offset a minimum of 1 metre from the edge of the proposed window to the edge of the existing window, or

(b) have sill heights of at least 1.6 metres above floor level, or

(c) have fixed obscure glazing applied to any part of the window below 1.6 metres above floor level.

(4) Overlooking from or to private open space areas is to be reduced by ensuring that any upper level balconies are designed and screened to minimise the potential for overlooking of the private open space of any lower level of adjoining dwellings.

(5) Where potential overlooking cannot be avoided, views of private open space areas may be obscured in the following ways--

(a) by retention or planting of dense mature vegetation,

(b) by solid translucent screens or perforated panels or trellises, which have a maximum of 25 per cent openings and that are designed to blend in with the proposed redevelopment, and are to be permanent components of the structure and difficult to alter.