Ben Lane is angry he’s losing his sunlight. Photo by Steve Grant

NORTH FREMANTLE’S Ben Lane says a council decision that robs his garden of direct sunlight should send a shiver up the spine of all homeowners.

He was gobsmacked when councillors on the planning committee ignored staff and approved a new two-storey house next door that includes a 21.25m wall along his northern boundary.

That’s almost 17m longer than the R-Codes allow, and the wall is also 4m higher than allowed.

Staff advised councillors the wall would “restrict the access of sunlight to established vegetation”, but added this aspect of the design could be supported given there’s already a shady tree in Mr Lane’s yard.

An approved ancillary dwelling at the back of Mr Lane’s property will also fall under the wall’s shade, which he says will slash what he can charge in rent.

What’s galled him most is his entreaties to the council were ignored but concerns about proposed double garages by a councillor who lives across the road set off major discussions

Cr Doug Thompson declared his interest—preventing him from voting on the issue—but he still lobbied his colleagues, emailing whether it was “possible to limit the garage to single rather than double”.

His colleagues discussed that idea at length, with Crs Ingrid Waltham, Robert Fittock, Sam Wainwright and Andrew Sullivan all chipping in.

“I like this idea but can we defend it?” mayor Brad Pettitt inquired of then-planning director Philip St John.

In the end the council voted to set back the double garages and insist the homeowners plant a street tree.

“They spent all this time debating the double garages, but not once did any of them raise the fact that our amenity will be severely affected by this wall,” Mr Lane fumed.

He says he was subjected to a similar stony silence when fronting the full council later.

His complaint to WA planning minister John Day hit a brick wall too, with Mr Lane informed the council had followed the guidelines.

Without third-party appeals in place in WA, Mr Lane’s left facing a huge wall or a costly High Court challenge.

by STEVE GRANT