A winter sun blazes over Papamoa Beach but Bruce and Sandy Porter sit inside their million-dollar home with the living room lights on.

Every day at about 3pm the couple claims a large shadow creeps over their property courtesy of their neighbour's new home.

Outside on the sun deck businessman Bruce Porter points to a corner of his neighbour's house pointing out to a large chimney which he says casts his house in shade.

Wall to floor windows inside their home do little to bring in more sunlight, he says.

While he talks, their small dog loiters near a small pocket of sunshine. It wears a little jacket.

"We want that bit cut down," he says, holding his finger up in the air and tracing a line around the corner edge of his neighbour's master bedroom.

The Porters object to the chimney overshadowing their living area.

They claim the large chimney on top of the property increases the overshadowing up to 3.26 metres.

The Porters claim the chimney, which was given a non-notified resource consent, affects their sun hours from midday.

The Porters call it an "eyesore".

Rule 14B 3.6 of the Tauranga City Plan says buildings can only intrude the overshadowing envelope if there is written consent from the adjoining properties and all owners have to agree.

The Porters have not signed this agreement.

The rules say in special circumstances chimneys and adornments can breach the overshadowing envelope for functional purposes.

Bruce Porter says the issue is the whole house and that a bedroom is not an adornment.

The Porters want their neighbours to amend their home.

Tauranga City Council's environmental planning manager Shanan Miles says a new, notified, resource consent process is underway to try and resolve the issues between the homeowners.

"Other options available include altering the building, or using permitted boundary activity provisions available under the RMA," Miles says.

"The latter requires the written approval of the owner of the affected property."

Council says the building was constructed with the approved building and resource consents, but the dispute arose after construction.

The last resort is for council to take direct enforcement action under the RMA and the Building Act.

The neighbours declined to comment on the loss of light debacle.

Sunday Star Times/Matt Shand