In South Y v Stonnington City Council (VCAT) P1011 of 2010 (unreported) 5 May 2011, the Tribunal has endorsed the approach taken in Broadland Capital Pty Ltd v Port Phillip CC & Ors [2010] VCAT 1007 on determining when “borrowed light” is acceptable in a multi-unit development.
In South Y the Tribunal adopted the following passage from Broadland Capital ”Factors such as the orientation of units, the depth of the room across which light would be borrowed, what else might intervene between the window and internal bedroom (such as a bathroom wall), the number of units relying on borrowed light, and the overall amenity of other habitable spaces might all be relevant to a decision on this point [42].”
In South Y the Tribunal issued a permit for a limited number of units with borrowed light, the Tribunal required a sliding glazed panel in the wall that separated the bedroom from the living areas. The distance from the light source was 4-6 metres.
