95Fences and solar access to existing north-facing habitable room windows

95 Fences and solar access to existing north-facing habitable room windows (a) a fence more than 2 m in height 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 fence is to be constructed; and (ii) oriented towards the boundary; and (iii) situated below the height of the fence being constructed. (2) The proposed fence must be set back from the boundary not less than the distance specified in Table 95 for a distance of 3 m from the edge of each side of the window or that part of the window that is within 3 m of the boundary. Table 95—Setbacks from north-facing habitable room windows | *Fence 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 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.