Overshadowing Neighbours in Residential Property

Overshadowing neighbours in a residential property can be a contentious issue and often relates to how one property's structure or landscaping may block sunlight or obstruct views to the detriment of adjacent properties. It's essential to address this matter with sensitivity and respect for your neighbours and to consider local regulations and standard practices when dealing with overshadowing concerns. Here are some key points to keep in mind:

  1. Local Regulations: Check with your local government or municipality to understand the zoning and building regulations that pertain to overshadowing. Many places have specific rules to address overshadowing issues, such as setback requirements and height restrictions.

  2. Survey the Situation: Before taking action or making any changes to your property, assess the current situation. Consider the angles and directions of sunlight throughout the day and how your property may affect neighbouring properties regarding shade or loss of natural light.

  3. Consult Your Neighbours: Discussing your plans or concerns with your neighbours is a good idea. Open communication can often lead to a mutually agreeable solution or compromise. They may have suggestions or concerns that you still need to consider.

  4. Consider Property Boundaries: Ensure you know your property boundaries and any relevant easements. It would help if you did not infringe on your neighbour's property or restrict their access to sunlight or views in a way that goes against property laws.

  5. Design and Landscaping: If you are planning renovations, additions, or landscaping changes that could affect neighbouring properties, try to design them in a way that minimises overshadowing. This might involve strategic placement of structures or vegetation to mitigate shade.

  6. Arbitration or Mediation: If you and your neighbours cannot agree on overshadowing concerns, consider mediation or arbitration to resolve the issue without legal action.

  7. Legal Recourse: In extreme cases where local regulations are being violated, neighbours may have legal recourse. They can file complaints with local authorities, who can then investigate the matter and enforce relevant regulations.

  8. Documentation: Keep records of discussions, agreements, or disagreements with your neighbours regarding overshadowing issues. This documentation can be helpful if the matter escalates or if you need to show that you have taken reasonable steps to address any concerns.

Remember that property disputes, including overshadowing issues, can be emotionally charged. It's usually in everyone's best interest to find an amicable solution through communication and negotiation rather than resorting to legal action. Consulting with a local attorney specialising in property law can also provide valuable guidance in navigating overshadowing concerns in your jurisdiction.

Stony Range Regional Botanic Garden To Be Permanently Overshadowed By Approved Development: A Death Knell For Dee Why's Bush Reserve

Council recommended for approval a development which will overshadow the historic Stony Range Botanical Garden at Dee Why year-round. 

Due to the development being over 60 million dollars DA2022/0145 went to the Sydney North Planning Panel with council’s recommendation and was approved on Monday July 17 2023. There were 134 submissions, many objecting to the DA as it is, along with those from local Real Estate agents and Developers, who have voiced support for the DA stating it will provide affordable housing. The median price for a unit in Dee Why is $865,000 (July 2022 - June 2023) for a 2 bedroom unit the median price is $915,000 and $1,402,500 for a 3 bedroom unit.

All but one member of the SNPP approved the development. That one member recommended refusal of the proposal because of ‘’the significant impact (by overshadowing) of the design of the proposal on the recreational amenity of a portion of Stony Range Reserve used for play, picnics and BBQs.’’

The available shadow diagrams indicate that overshadowing would occur over much of the play/picnic/BBQ area across the middle of the day in winter and also but to a lesser extent in autumn and spring.

Despite the SNPP recording in its decision that ‘’Therefore, the development does not avoid ‘unreasonably overshadowing’ a part of the reserve that makes a substantial contribution to its’ recreational amenity.’’ the DA was approved.

Specifically, the proposal involves the following:

  • Demolition of all structures, including existing commercial buildings and carparking areas

  • Removal of 59 trees

  • Bulk excavation of the site

  • 334 car parking spaces (258 residential, 44 visitor and 32 commercial) in two basement levels

  • Vehicular access, loading dock and waste collection from Delmar Parade

  • Two main buildings, with varying heights, including five, six and seven storeys

  • 219 apartments; comprising 122 units in the Delmar Parade building (being 44 x 1 bed, 8 x 1 bed+, 30 x 2 bed, 16 x 2 bed+, 21 x 3 bed, and 3 x 3 bed+) and 97 units in the Pittwater Road building (being 35 x 1 bed, 6 x 1 bed+, 35 x 2 bed, 6 x 2 bed+, 12 x 3 bed, and 3 x 3 bed+) – so 384 car spaces potentially required, 258 allowed for residential parking leaves a shortfall of 126 spaces

  • Four (4) commercial tenancies, two facing Pittwater Road and two facing Delmar Parade 

  • 2,011m2  of communal open space, including ground floor level and roof top terraces

  • Relocated stormwater infrastructure and Overland Flow Path

  • New landscaping

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Merri-bek Council rejects proposed development blocking neighbour’s sunlight

In a win for those opposed to inappropriate development in Melbourne, Socialist Alliance councillor for Merri-Bek Sue Bolton’s motion to refuse a planning permit to a seven-storey apartment building that would have blocked a neighbour’s access to sunlight passed unanimously on March 22.

The proposed apartments would have overshadowed the neighbouring family’s single-storey home, leaving them with just two hours of sunlight a day.

Nine-storey Braddon apartment proposal overshadowing within rules, says proponent

Overshadowing concerns from the neighbouring Phoenix Apartments in Braddon have not altered plans for a nine-storey mixed-use development that will add a further 105 apartments to the Northbourne corridor.

Canberra-based property group Liebke and Co have lodged a development application for the project to be built on a 2090 square metre rectangular site at 90 Northbourne Avenue in Braddon (Block 1 Section 19).

The pre-DA consultation report said the loss of sunlight was the main concern from residents in 38 north-facing units in the Phoenix Apartments, with many wanting the developer to reconsider the building height or design.

The proponent acknowledges that the building will reduce the amount of sunlight the Phoenix will receive, especially within the winter months, but believes the proposal is still within the planning rules, saying the affected in the adjoining block will receive more than two hours of direct sunlight between 9 am and 4 pm for many days of the year, as required.

The DA says this is considered reasonable given the short five-metre setback northern boundary and the constrained nature of the subject block.

Any reduction in building height or change to the design redesigns will affect the viability of the project, given the purchase value of the site and its small size, the DA prepared by Purdon Planning says.

Throwing shade: Stony Range Botanic Garden to be overshadowed by apartments

A development application for apartments at the junction of 4 Delmar Parade and 812 Pittwater Rd, Dee Why, is set to proceed after the construction scheme was approved by the Sydney North Planning Panel.

However, users of neighbouring Stony Range Botanic Garden are concerned that parts of the bushland site will be overshadowed by the proposed high-rise, stating that picnic areas and native flora will be shaded by an eight-storey building for significant periods of the year, threatening the survival of trees and plant life.

A spokesperson for Stony Range Volunteer Advisory Committee, which, along with Northern Beaches Council, oversees the management of the 3.3 hectare public garden, told Manly Observer, “We are not trying to stop the development, merely to reduce its negative impacts on Stony Range…”

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Understanding Victorian planning regulations

Rule 9: Thou shalt not steal thy neighbour’s daylight

The regulation: ‘54.04-3 Standard A12 – Daylight to existing windows regulation 416’

This standard states that buildings opposite an existing habitable room window shouldprovide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky.

It also states that walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall, if the wall is within a 55 degree arc from the centre of the existing window.

Translation: You need to allow light into your neighbour’s existing windows. In order to do this, you must provide a minimum area of 3 metres square with 1 metre clear to the sky around your neighbour’s window. This area can be calculated from either yours or your neighbour’s property.

Solution: Create courtyard and garden spaces similar to the standard before. This will allow light not only into your neighbour’s windows but also into your own.

Rule 10: Thou shalt protect the energy efficiency of thy neighbours

The regulation: ‘54.04-4 Standard A13 – North facing windows regulation 417’

Here, we are told that if a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be set back from the boundary 1 metre, plus 0.6 metre for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window.

Translation: You need to preserve your neighbour’s northern sun and if their window is within 3 metres of the boundary, you must set back your building 1 metre plus 0.6 metres for every metre higher than 3.6 metres. This continues until 6.9 metres – every metre after that, you must set back your house another metre.

Solution: Note where your neighbour’s north-facing windows are before you design your building, so that you can plan around them early rather than getting nasty shocks later during the planning process.

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New Victorian regulations to prevent overshadowing solar panels

The Victorian state government has announced regulations to prevent overshadowing solar panels by new developments.

The new rulings will apply under amendments to the Victorian Planning Provisions and will come into effect in late September of 2018.

This means that in the future all planning schemes will need to consider how new developments impact on neighbouring properties that have existing solar installations. This includes properties with existing rooftop solar panels and solar hot water systems.

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Solar panels and the law: Can you stop your neighbour from blocking your sunlight?

What rights exist around access to light?

As of April 2017, 1.6 million properties around Australia had photovoltaic solar panels — and new figures from the Australian Photovoltaic Institute show the country's solar power capacity is expected to double over the next few years.

So what does Dr Thomas's case mean for the rest of the country's solar panel owners? Do they have a right to sunlight without overshadowing?

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Updated | Planning panel says additional overshadowing of Monro Park among 'significant issues' with Cronulla hotel proposal

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Plans for a 13-storey hotel on the edge of Monro Park at Cronulla have received a major setback.Sutherland Shire Local Planning Panel recommended this week the Planning Proposal be reconsidered because of "significant issues", including additional overshadowing of the park and war memorial.

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James Packer's proposed tower to cast a long shadow at Barangaroo

James Packer's $2 billion tower at Barangaroo would literally be throwing shade at its competitor, documents show.

Crown Limited's proposed hotel, casino and apartment complex would extend a shadow as far as Sydney's only existing casino at Pyrmont, according to modelling lodged with the Department of Planning and Environment.

Of the four scenarios considered, the Crown tower would block some of Sydney's morning sun out as far as The Star during the June solstice, as indicated by the red outline.

During the same part of the day on March 21, the building would cast a shadow across Jones Bay wharf, which is about 550 metres away.

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Developer refuses to reduce height, design of large Bruns DA

A controversial dual occupancy development proposed for Brunswick Heads looks set to be rejected by Byron Council, after council staff changed their advice, and recommended refusal.

The owner of 16 Short Street, a Melbourne-based property developer, is seeking permission to demolish the existing single-storey cottage on the site and replace it with two large, double storey townhouses, each with five bedrooms and five bathrooms.

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Empire Global lodges plans for 146 units on Greenway site

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Empire Global has lodged plans for a $23 million, eight-storey, mixed-use apartment block in Greenway that will add 146 units to the area, but it faces opposition from nearby residents upset at the building height and the parking and traffic impacts.

According to the pre-DA consultation comment, some also doubt whether there is sufficient demand to warrant the development.

The proposal is for a rear section of Block 2 Section 57 at 305 Anketell Street, fronting Limburg Way near the lake. The block is mostly cleared of vegetation and consists of a Wilson’s car park and Margaret Guilfoyle House, which will be retained, as will half of the car park.

This will be Stage 1 of development on the 7279 square metre site, which was the subject of a previous proposal from the same developer in 2017 for 375 units over four buildings of seven and eight storeys and 400 car spaces.

The DA says Empire Global is now staging the development as demand needs.

Bunnings lies to the south, Tuggeranong Square to the west, the police station to the west and Lake Tuggeranong to the east.

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Proposed Brunswick apartment tower could overshadow elderly neighbour’s solar panels, making them less effective

An elderly Brunswick resident’s solar panels are set to be overshadowed by a proposed 10-storey apartment development next door, which she says will make them less effective.

But the resident is left with little recourse to challenge the developer because the state planning tribunal earlier this year ruled the overshadowing as “not … unreasonable”.

Similar situations could become more common as apartment towers spring up across Melbourne, a planning expert warns.

Mary Lane’s Brunswick home, next door to a mooted apartment block on Park Street, has a set of solar panels on its roof, which were installed by her late husband before he died about 20 years ago.

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The Star sought confidential meeting with panel deciding Pyrmont tower

The Star casino sought a confidential meeting with the independent panel that will decide the fate of its divisive plan to build a luxury hotel and apartment tower in Pyrmont.

But The Star's written request to meet with the Independent Planning Commission panel days before a community meeting on the high-rise proposal was rebuffed as the commission emphasised it "does not hold confidential meetings".

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Two-storey building approved behind Clinton Street property

ROSEMARY Lane is set to gain its first two-storey building with Orange City Council approving plans despite objections from a neighbour.

The owners of 111 Clinton Street have proposed a triple garage at the back of the property facing Rosemary Lane with a secondary dwelling upstairs.

Owner Peter Bromley addressed councillors at last week's meeting, saying the family had been working with the council and its heritage adviser for a year on the plans.

He said after the previous meeting, where the item was deferred so his neighbour could seek advice, he had offered to reduce the roof pitch by five degrees, lowering the height by 55 centimetres.

"Thus alleviating any shadowing that could have potentially upset our neighbour, which we at no stage intended to upset," he said.

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Future of controversial Brunswick development set to overshadow Princes Park to be revealed

The fate of a controversial proposed apartment tower in Brunswick is hanging in the balance, with the developer expected to reveal its next step on Monday.

A pitch for a 12-storey block was deemed too tall by the state planning tribunal earlier this year, amid worries about overshadowing of popular Princes Park.

Moreland City Council rejected the amended plans for a 10-storey project at 699 Park Street, on the corner of bustling Sydney Road, late last month in a decision welcomed by some locals.

Protect Park Street Precinct spokeswoman Christine Christian said she hoped the Victorian Civil and Administrative Tribunal would now reject the plans completely.

“We’re feeling very confident, we’ve invested significant resources and our response is based on expert advice,” she said. “It would be an absolute travesty if what is being proposed is being erected on this sensitive heritage site.”

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Rule switch planned to keep afternoon gloom out of parks, playgrounds

Melbourne has Victoria’s first lieutenant-governor, Charles La Trobe, to thank for the city’s substantial inner-ring parks; it was his vision that made Melbourne a garden city.

But many of these parks are now facing a shadowy threat.

“La Trobe would be turning in his grave if he knew how much sunlight is now at risk of being lost in Melbourne’s parks,” says Melbourne City Council’s planning chair, Nick Reece.

Gardiner Reserve in North Melbourne is home to the suburb’s busiest playground.

Melbourne City Council wants to see new mandatory overshadowing rules that would protect parks from the seasonal shadows of new developments.

“Parks in Southbank and the central city have existing planning controls protecting them from overshadowing in winter,” Cr Reece says

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