Solar Owners’ Right To Sunlight
Australia lacks a unified national law guaranteeing solar panel owners an absolute "right to sunlight." Instead, protections vary across states and territories, often relying on local council planning regulations and common law principles. Below is a state-by-state overview of solar access and overshadowing regulations:
🏠 New South Wales (NSW)
Planning Guidelines: NSW's planning policies, such as the State Environmental Planning Policy (SEPP) 65, emphasise solar access for residential developments. For instance, they recommend that at least 3 hours of sunlight be available to 50% of the principal private open space of adjoining properties between 9 am and 3 pm during the winter solstice .Planning NSW
Tree Disputes: The Trees (Disputes Between Neighbours) Act 2006 allows property owners to seek orders for the removal or pruning of trees that cause severe obstruction of sunlight to a window of a dwelling. However, the Act does not explicitly mention solar panels .
🏡 Victoria
Planning Provisions: Under Amendment VC149, the Victorian Planning Provisions were updated to consider the impact of new developments on existing rooftop solar energy systems. Developers are required to assess and mitigate potential overshadowing effects on neighbouring solar panels.
Legal Precedents: Victorian courts have recognised cases where significant loss of solar access—such as a 50% reduction in energy generation—due to new developments was deemed unreasonable, leading to modifications in proposed building designs .
🌳 Queensland
Planning Regulations: Queensland's planning framework does not provide specific protections for solar access. However, local councils may consider solar access in their development assessments.
Tree Disputes: The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 allows residents to address tree-related issues, including those affecting sunlight, though it doesn't specifically mention solar panels .
🌞 South Australia
Planning Guidelines: South Australia's planning policies encourage designs that maximise solar access, especially for energy efficiency. However, there are no explicit legal protections for existing solar panels against overshadowing.
Legal Cases: Courts have considered cases where developments significantly impacted solar access, sometimes leading to orders modifying building designs to preserve sunlight for neighbouring properties .
🏘️ Western Australia
Residential Design Codes: The State Planning Policy 3.1 (Residential Design Codes) sets out overshadowing limits for new developments. For example, in certain zones, a new building should not cast a shadow exceeding 25% of the adjoining property's site area at midday on June 21 .
🏞️ Australian Capital Territory (ACT)
Tree Protection: The Tree Protection Act 2005 allows for the management of regulated trees that substantially affect solar access to leased properties. While 'solar access' broadly refers to sunlight across the leased area, it's a step toward acknowledging solar panels' importance .
🌄 Northern Territory
Common Law Principles: The Northern Territory relies on common law principles of nuisance, negligence, and abatement when dealing with neighbouring tree disputes. Residents have the right to cut off branches or roots extending over their property’s fence line .
🌿 Tasmania
Planning Considerations: Tasmania's planning schemes encourage designs that consider solar access, but there are no specific legal protections for existing solar panels against overshadowing.