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原帖由 hamiltonzh 于 2012-5-23 07:33 发表 
昨天突然认识到他那个二楼的窗户之所以能和我家的窗户错开1.5米是因为他的房子整体的前移了——也就是我最开始问的那个问题所涉及的Rescode。如果他的房子盖在符合规定的位置上那么他那个二楼窗户就至少正对着我两个 ...
你要在规定时间内做出答复，根本不要理睬PD，自己和concil的planning department 联系，告诉他们你的顾虑，完全不同意。他们会告诉你大致的法规。
现在估计他们的design是符合rescode，但是许多因素是concil决定，比如街道一致性，你要反对强烈，最好拉上邻居一起，说街道非常不协调景观。
VIC出的rescode其实很模糊，许多地方都含糊。Concil的判断标准更是有许多的不清楚。
你可以提出1. 挡住你的房间阳光,(PD的光照图解释符不符合rescode，让concil回答，不是PD）。
2. 窗户隐私（这个估计他们解释的了，但是你要提出，看concil是否解释和PD一样，别听PD的）
3. 挡住你的open area的阳光超过一定面积吗。
4. 和你的住宅setback非常不和谐一致。
这种设计的两层在ACT，NSW完全不可能通过，特别是新区，setback什么的，阳光等。
看看基本rescode解释，自己看他的图纸哪些违反了，我给你的都是可能的条款。9m的法规非常重要，仔细研究。
The maximum length you are permitted to build along any one boundary has changed to 10 metres plus 25% of the remaining boundary, for example if your boundary is 40 metres long then you can build for 17.5 metres on the boundary. In the past the rule was 20 metres maximum with no consideration of the boundary length.
Over-Looking Adjoining Properties
New regulations now apply to over-looking for all new and altered dwellings, in the past there were no over-looking rules to single dwellings.
In brief, if you have a window or balcony in your house and the floor level is 0.8 metres above ground level and that window or balcony is within 9 metres of a neighbours window or private open space areas, then your window or balcony in the majority of cases will need to be screened or have obscure glass fitted to 1.7 metres above floor level. The 9 metre rule not only applies looking straight out of the window but also at a 45 degree angle from the windows edge. Why 9 metres do you ask, well no body seems to know.
For the majority of single storey houses this rule will probably make no change, however for the vast majority of two storey houses or additions then this rule has a huge impact. Effectively, if you had a view you wished to see from up stairs and your window looks across another property, then that view must be screened from your sight.
As most properties in and around Melbourne are 15 metres wide, the 9 metre setback means that most first floor windows will require some form of screening, this may even include front windows if your neighbours front gardens are fenced and can be used as private open space.
Over-Shadowing Adjoining Properties
A new dwelling or addition must not overshadowing an adjoining dwellings private open space areas more than the lesser of 75% of its area and 40 Square metres of 3 metres minimum width.
In the majority of cases this regulation doesn’t interfere greatly with the design, however it is leading to greater drawing costs as most councils and building surveyors are requiring shadow diagrams to be drawn to prove that the shadowing complies with regulations. We have even been requested to provide shadow drawings for garages and carports by some councils, even though a 3 metre high structure can not through a shadow over an adjoining 15 metre wide site that doesn’t comply with the rules.
Variations to Rescode
All councils through-out Victoria are amending there planning schemes in line with Rescode , and some will be introducing their own local variations to the above regulations, these will be found in what is called The Schedule to a Residential 1 Zone. Local variations may be even more restrictive to your project, they will certainly not be less restrictive.
Should you wish to vary any of the Rescode Regulations, then you must apply to council for a 'Report and Consent' to be given. Council will consider your case and if it agrees that a variation will not interfere with the intent of Rescode approval may be granted, if refused, you can appeal your case to the 'Building Appeals Board'. Please remember that with all these variations, consents, and appeals come additional fees and charges.但是concil批准一些特殊case的标准很模糊。
你只有向concil表示你的顾虑，别和PD浪费时间。他们也等concil批准的。祝你好运。
[ 本帖最后由 eric_hl88 于 2012-5-24 12:19 编辑 ] |
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楼主:hamiltonzh
发表于 2012-5-21 20:37
