Victorian Numbered Regulations Victorian Numbered Regulations(1) This regulation applies if—
(a) a building is to be constructed on an allotment; and
(b) a north-facing habitable room window or part of a window of an existing dwelling on an adjoining allotment is within 3m of a boundary of the allotment on which the building is to be constructed; and
(c) the window is orientated towards the boundary.
(2) The proposed building must be set back from the boundary not less than the distance specified in Table 417 for a distance of 3m from each side of the window or that part of the window that is within 3m of the boundary.
TABLE 417—SETBACKS FROM NORTH-FACING WINDOWS
|
Building height at any point |
Minimum setback from side or rear boundary at that point |
|
3·6m or less |
1m |
|
More than 3·6m but not more than 6·9m |
1m plus an additional distance calculated at the rate of 600mm for every metre of height over 3·6m |
|
More than 6·9m |
3m plus an additional distance calculated at the rate of 1m for every metre of height over 6·9m |
(3) For the purposes of sub-regulation (1), a north-facing window is a window with an axis perpendicular to its surface orientated north 20° west to north 30° east.
(4) In this regulation "north" means true north.
(5) The following may encroach into the setback distance required by sub-regulation (1) or (2) by not more than 500mm and to a height not exceeding 2·5m—
(a) flues and pipes;
(b) domestic fuel tanks and water tanks;
(c) heating and cooling equipment and other services.
(6) 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.
Note: The following diagram illustrates the operation of aspects of regulation 417.
Regulation 417: Solar access to existing north-facing habitable room windows
