{"id":79300,"date":"2023-10-16T09:46:26","date_gmt":"2023-10-16T00:16:26","guid":{"rendered":"https:\/\/www.solarquotes.com.au\/blog\/?p=79300"},"modified":"2023-10-24T09:53:00","modified_gmt":"2023-10-24T00:23:00","slug":"overshadowing-solar-panels","status":"publish","type":"post","link":"https:\/\/www.solarquotes.com.au\/blog\/overshadowing-solar-panels\/","title":{"rendered":"Your ‘Right To Light’: Solar Panel Overshadowing Rules By State"},"content":{"rendered":"

\"Building<\/p>\n

Overshadowing of solar panels by new neighbouring developments is a recurring problem that some SolarQuotes readers have first-hand experience with. This is an issue that’s not going away soon. It’s only getting worse as our cities grow.<\/p>\n

I can’t say I have a silver bullet solution to keep the light shining on your solar panels<\/a>, but knowledge is power. This post is aimed at getting you familiar with the rules in your jurisdiction if there are any, so you know whether you have a ‘right to light’.<\/p>\n

Laws And Regulations Around Overshadowing<\/h2>\n

In Australia, there is no single law that protects your rooftop solar panels from being overshadowed by a neighbouring development. Instead, each local council has its own set of policies that are often guided by state government regulations.<\/p>\n

These regulations vary from state to state, and although most have some consideration for your so-called ‘solar access’, they usually fall short of fully protecting the unobscured path of sunlight to your solar panels. In fact ‘solar panels’ are barely mentioned.<\/p>\n

Local councils have to strike a balance between promoting development and not impinging on the well-being of nearby residents. As a result, the policies are sometimes grey and open to interpretation. Depending on which side of the fence you live, that ‘balance’ can look a little lopsided.<\/p>\n

Inevitably, many disputes are handled on a case-by-case basis to find an amicable resolution, and going to court would be a last resort. Having said that, some legal challenges have successfully stopped overshadowing developments in the past.<\/p>\n

\"Lopsided

The regulations around developments overshadowing neigbouring solar panels appear to be weighted in the developer\u2019s favour.<\/p><\/div>\n

Summary Of Your ‘Right To Light’ Rules By State\/Territory<\/h2>\n

New South Wales<\/strong><\/p>\n

Guidelines specify that there must be at least 3 hours of sunlight between 9 am and 3 pm at the winter solstice to 50% of the PPOS (Principal Private Open Space) of both the proposed development and neighbouring properties.<\/p>\n

Victoria<\/strong><\/p>\n

Amendment VC149 and PPN88 require planning applications to minimise the impact of overshadowing on existing rooftop solar panels on adjoining lots.<\/p>\n

Queensland<\/strong><\/p>\n

No specific right to sunlight, but vague mention in the Queensland Development Code of height restrictions to prevent undue overshadowing.<\/p>\n

Western Australia<\/strong><\/p>\n

Planning guidelines include limits on shadow cast at midday, 21st June, depending on the zone of the adjoining properties.<\/p>\n

South Australia<\/strong><\/p>\n

The Planning and Design Code outlines criteria for minimising overshadowing, including a 30-degree plane grading from a height of 3m above ground level at the southern boundary for residential zones.<\/p>\n

Tasmania<\/strong><\/p>\n

The Tasmanian Planning Scheme stipulates that developments should not cause an unreasonable reduction in sunlight to existing solar installations on adjoining or the same property.<\/p>\n

Australian Capital Territory<\/strong><\/p>\n

The Territory Plan 2008 states that buildings should not overshadow windows of habitable rooms or any principal private open space on an adjoining residential block more than the height of a ‘solar fence’.<\/p>\n

Northern Territory<\/strong><\/p>\n

Relatively lax regulations with general requirements that structures should not result in a significant loss of amenity in terms of lighting and overshadowing.<\/p>\n

Detailed Breakdown: State-By-State<\/h2>\n

Below is a more detailed overview of current regulations and policies addressing overshadowing for new developments. It’s not an exhaustive list and may not relate to your situation, so seek legal advice if you think you need it.<\/p>\n

New South Wales<\/h3>\n

In New South Wales a DCP (Development Control Plan)<\/em> is a planning document that provides detailed guidelines and controls for the development of land within a particular area. DCPs are specific to each local government area.<\/p>\n

Most DCPs stipulate a requirement of at least 3 hours of sunlight between 9 am and 3 pm at the winter solstice (21 June) to 50% of the required PPOS (Principal Private Open Space) of both the proposed development and the neighbouring properties. This figure may vary depending on factors such as region, density, and type of property.<\/p>\n

Victoria<\/h3>\n

In 2018 an amendment (VC149) was made to the Victoria Planning Provisions<\/em> to ensure that “new building designs minimise the impact of overshadowing of existing rooftop solar energy facilities on adjoining lots.”<\/p>\n

PPN88 (Planning Practice Note 88)<\/em> states that a planning permit application should include the following information:<\/p>\n