Victorian Repealed Regulations

This legislation has been repealed.

Building (Interim) Regulations 2005 - SECT 430

Fences and overshadowing of recreational private open space

430. Fences and overshadowing of recreational private open space



(1) A fence more than 2m in height 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 fence 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 sub-regulation (1), the amount of sunlight
to that area must not be further reduced by the construction of the fence.

(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-

   (i)  at the side or rear of an existing dwelling on the allotment; or

   (ii) within the front setback of an existing dwelling on the allotment and
        which is screened for at least 90% of its perimeter by a wall, fence
        or other barrier that is at least 1·5m high and that has no more than
        25% of its area open; and

   (b)  which is primarily intended for outdoor recreation activities.