96Fences and overshadowing of recreational private open space

96 Fences and overshadowing of recreational private open space (1) A fence more than 2 m in height must not reduce the sunlight to a recreational private open space of an existing dwelling on an adjoining allotment to the extent that less than the required minimum area of the recreational private open space has less than 5 hours of sunlight between 9 a.m. and 3 p.m. on 22 September. (2) If a fence is to be constructed on an allotment and the existing amount of sunlight to a recreational private open space on an adjoining allotment is less than the amount required under subregulation (1), the amount of sunlight to that area must not be further reduced by the construction of the fence. (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. (4) In this regulation the ***required minimum area*** of a recreational private open space is the lesser of— (a) 75% of the recreational private open space; and (b) 40 m2 with a minimum dimension of 3 m.