We own the adjoining property on 9 Fordham Avenue, Camberwell and advise that Standard A14 is not complied with.
The conclusion in the report (second last para page 38) Clause 54.04-5 does not follow from the shadow diagrams in page 6 of the advertised plans. Standard A14 states in full as follows:
"Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space (POS) should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced."
The POS in the adjoining block (i.e. 9 Fordham Ave) is estimated to be 53 sq. meters. As at 10 am on 28 Sep 2023, just 5 days after the 23 Sep equinox, the sunlit area was 28 sq. m.
75 percent of the POS is 39.75 sq. m – since this is lower than 40 sq. m it becomes the minimum sunlit area per the standard. Since existing sunlight at 28 sq. meters approx. is less than the minimum, it cannot be further reduced.
The plan submitted for approval will by their own shadow diagrams reduce the sunlit area to average 20 sq. m between 9 am to 1 pm, 15 sq. m at 2 pm and 1 sq. m at 3 pm.
The applicant’s shadow diagrams (with existing shadows superimposed) have been submitted to council already.
Secondly, the section of the building which will overlook our Private Open Space of 9 Fordham will be situated just 1.1 meters from the fence (refer Section 3.2 on page 3) and will stand 1.5 meters higher off the ground level than at other areas on the plot (given the slope of the land) and will tower an overwhelming 6.1 meters (page 20 last para) over the 9 Fordham’s small private open space. This open space will be impacted by being surrounded by building bulk on all sides (it already has built up areas on three sides). The proposed plan locks out open space, disregards the sense of open feel, increases visual impact on the neighbouring properties and does not maintain the sense of separation between adjacent properties. As such it does not qualify to exceed the permitted site coverage ratio of 60% (per page 34 of the report).
