Council try to amend the existing permit

[HelenS]

We have built a two-storey house.
Everything is according to the plan and the obscured windows were placed at a first floor to give the neighbours some privacy.
Now, when the building is complete, some town planner comes back with request to change the first floor windows from 1.70 obscure to 2.40 obscure.

That changes means no fresh air for the upstairs bedrooms.
Also, I am struggling to understand if it's at all legal for council to decide on different interpretation for existing building permit.

What should I do?

 

[RPI]

Hi
Does your initial approval state this level in writing?

Is the request in writing and if so what form.


D

 

[Aaron_C]

Check the original planning permit but usually the screening is only 1.7m if the window is within 9m of a neighbour's boundary.

 

[Mick and Andrea]

I assume that when you say 1700 to 2400 you mean the bottom of the window sill high off the finished floor level? Sounds like a typo to me. Call the town planner and get confirmation on this. If they want you to start a window at 2400 then even if it is only 300 high then add a lintel to the top of that (width of window dependent I would bank on another 150) that means you would need a ceiling height of 2850 min (which is a weird height and not std) so you would really need a 3000 high ceiling level.

What council and what is the amendment entail?

Also note that by building code of Australia you require 10% light and 5% openable area to a habitable room. So if you have a small bedroom of 3m x 3m (9sqm) you need 0.9awning of window (I believe opaque is ok) and 0.45sqm openable.

Even if the planning department has stamped a smaller window you will get pulled up by your building surveyor when getting a building permit (unless you can prove borrowed light and air from an adjoining room but that's another fun filled formula which I won't bore you with)

Good luck.

 

[James Bond]

We have built a two-storey house.
Everything is according to the plan and the obscured windows were placed at a first floor to give the neighbours some privacy.
Now, when the building is complete, some town planner comes back with request to change the first floor windows from 1.70 obscure to 2.40 obscure.

That changes means no fresh air for the upstairs bedrooms.
Also, I am struggling to understand if it's at all legal for council to decide on different interpretation for existing building permit.

What should I do?

In my opinion (and to qualify that: I lecture on owner building so I don't know everything) provided you have built the house in accordance with your building permits and planning permits if applicable then the council cannot change that part way through the build, or when the build is complete.

What does your building surveyor say?

JB

 

[Doovalacky]

I assume that when you say 1700 to 2400 you mean the bottom of the window sill high off the finished floor level? .

I'm assuming the OP means some sort of rating. For example the thicker the glass the more it blocks vision.
However I thought current minimum was 3mm and certainly not anywhere near 1.7mm so I don't think its a direct measurement of thickness.

If the building permit has been issued I have trouble seeing how they could force you to change it after construction.
In some cases it would be just a simple matter of re-glazing the existing windows but that will still add up in cost. Particularly if scaffold required to access outside.

Perhaps some sort of window film that blocks vision out as well could be a compromise?

 

[Jake D]

Perhaps some sort of window film that blocks vision out as well could be a compromise?

...Or some louvres at an angle blocking donward view?