94Fences and daylight to habitable room windows in existing dwelling

94 Fences and daylight to habitable room windows in existing dwelling (1) A fence more than 2 m in height must be set back from a habitable room window in an existing dwelling on an adjoining allotment to provide for a light court to the window that has a minimum area of 3 m2 and a minimum dimension of 1 m clear to the sky. (2) The area of the light court required under subregulation (1) may include land on the adjoining allotment. (3) A fence with an average height of more than 3 m opposite a habitable room window in an existing dwelling on an adjoining allotment must be set back from that window at least half the height of the fence if the fence is within a 55° angle in the horizontal plane about a vertical axis through the centre of the window. (4) For the purposes of subregulation (3), the angle may be swung to not less than 35° from the plane of the wall containing the window. (5) If the window referred to in subregulation (3) is above ground floor level, then for the purposes of that subregulation, the fence height is to be measured from the floor level of the room containing the window. (6) 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.