82Solar access to existing north-facing habitable room windows

82 Solar access to existing north-facing habitable room windows (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— (i) within 3 m of a boundary of the allotment on which the building is to be constructed; and (ii) oriented towards the boundary; and (iii) will be situated below the eaves or the top of a parapet of the building being constructed. (2) The proposed building must be set back from the boundary not less than the distance specified in Table 82 for a distance of 3 m from each side of the window or that part of the window that is within 3 m of the boundary. **Table 82—Setbacks from north-facing habitable room windows** | *Building height at any point* | *Minimum setback from side or rear boundary at that point* | | 3⋅6 m or less | 1 m | | More than 3·6 m but not more than 6·9 m | 1 m plus an additional distance calculated at the rate of 600 mm for every metre of height over 3·6 m | | More than 6·9 m | 3 m plus an additional distance calculated at the rate of 1 m for every metre of height over 6·9 m | (3) The following may encroach into the setback distance required by subregulation (2) by not more than 500 mm and to a height not exceeding 2·5 m— (a) flues and pipes; (b) domestic fuel tanks and water tanks; (c) heating and cooling equipment and other services. (4) A rainwater head may encroach into the setback distance required by subregulation (2) by not more than 500 mm. (5) 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. The following diagram illustrates the operation of aspects of regulation 82. **Regulation 82: Solar access to existing north-facing habitable room windows** **![4-81_3]()**