Sunlight wins: VCAT backs human right to live out of the shadows

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Sunlight wins: VCAT backs human right to live out of the shadows
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Sunlight has won in a planning dispute over a seven-storey apartment block in Brunswick, with changes to the development’s design required to ensure less overshadowing of a neighbouring property.

Philippe Yardin and Elisa Hill with son Jai who lives with severe autism.The council found the proposed development was contrary to the Charter of Human Rights and Responsibilities Act on the basis that it infringed on rights to privacy, family and home.

According to his mother, Jai, 19, is minimally verbal and needs 24-hour care for his complex needs. He cannot go to the toilet or clean independently, has “uncontrolled spontaneous behaviours” like constant running or irritable outbursts, and his sensory issues mean he frequently throws off all his clothes.

The seven-storey proposal would have also exposed the family’s backyard to overlooking by neighbours from balconies and windows in the new building. But in a rare development, VCAT last month refused to “strike out” the human rights considerations. Member Susan Whitney stated she was “not persuaded that circumstances exist thatAs a result, instead of proceeding to a full VCAT hearing, the developers agreed with the council and Hill to changes to the design – including changes to heights and floor plans of parts of the building, its windows and privacy screens – to prevent much of the overshadowing and overlooking into the family’s backyard.

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