85Daylight to habitable room windows

85 Daylight to habitable room windows (1) A habitable room window of a building on an allotment must face— (a) an outdoor space or light court with a minimum area of 3 m2 and a minimum dimension of 1 m clear to the sky, not including land on an adjoining allotment; or (b) a verandah, porch, deck or balcony on the allotment if it is open for at least one‑third of its perimeter; or (c) a carport on the allotment if— (i) it has 2 or more sides open; and (ii) it is open for at least one‑third of its perimeter. (2) For the purposes of subregulation (1), a side of a carport or verandah may be taken to be open if the roof covering of the carport or verandah adjacent to that side is not less than 500 mm from another building on the allotment or the adjoining allotment boundary. (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.