Our Rights to Solar - Council Responses

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Re: Our Rights to Solar - Council Responses

Postby Inspector » Thu Jul 22, 2010 8:10 pm

gully wrote:
About 'right to sunlight' - so in order to protect sunlight to an area, simply build a deck on it?


And you're still screwed, because you'd likely need to lodge your own DA just to build a deck (check your local council regulations - my council specifies anything more than 10m2 requires a DA - but even then there are loopholes - how could they prove there wasn't two structurally separate 10m2 decks side-by-side? :) ).
"The standard you walk past is the standard you accept".
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Re: Our Rights to Solar - Council Responses

Postby antoni » Thu Jul 22, 2010 8:30 pm

Hi I use a building saviour whet needed,,, Blow the counicl and they dont like it.
Had a few run ins with Melton counicl... and won. they are only after money....
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Re: Our Rights to Solar - Council Responses

Postby gully » Fri Jul 23, 2010 11:33 am

Inspector wrote:how could they prove there wasn't two structurally separate 10m2 decks side-by-side? :) ).


It's a good point - you can always challenge councils. Many rules are there for a reason (eg setbacks) but many rulings are quite strange. You can always get try for an exemption from their rulings as long as it's reasonable and justifiable. The 10m2 rule is pretty common, which is why many sheds sold are 9m2. Build it first, then add some laserlite off the side for the verandah...

This right to sunlight is becoming more of an issue because of 2/3 storey houses, development apartments and solar <whatever>

love your signature inspector...
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Re: Our Rights to Solar - Council Responses

Postby shaded system » Tue Jul 27, 2010 5:40 pm

gully wrote:
I can't believe developer overlays have this sort of power!


From my research it appears that, in NSW at least, the developer and the council planning assessment team have absolute power and are virtually untouchable. As my local councillor said the new laws are far more pro development and plenty of options are available to the developer to challenge decisions made against them through the land and environment court.
In the case of an adjacent property that is impacted by a development, be it in terms of loss of solar access, privacy impact, or loss of views, unless you have a good legal team and considerable financial resources, you are helpless. The solicitors I contacted talked in figures of $20,000 to $30,000 which I am sure for most people is well out of reach. I was also advised that I only had 28 days to lodge an appeal and as I was overseas when the DA was assessed and approved I was pretty stymied.
The laws need to allow for a reasonable appeal process but at the moment this is far from the case.
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