When a neighbouring property undergoes development, the impact on solar access can be significant. This was the reality for Adelaide resident Dr Jo Thomas, whose solar panels and community garden at Christie Walk faced substantial overshadowing from a proposed four-storey apartment block.
The Challenge: Loss of Solar Efficiency
Dr Thomas, a medical professional residing in a medium-density, eco-conscious development, recognised that the new structure would severely reduce her solar energy generation. Shadow studies revealed a 35% decline in photovoltaic output and an 85% reduction in solar hot water efficiency. The overshadowing also threatened the vitality of the shared community garden.
The Legal Process: Council and Court Appeals
Raising concerns during the public consultation phase, Dr Thomas successfully influenced the local council’s Development Assessment Panel to reject the proposal. However, the developer escalated the matter to South Australia’s Environment, Resources and Development Court, where Dr Thomas provided expert testimony. Ultimately, the court upheld the council’s decision, citing solar access, streetscape incongruity, and bulk scale as key considerations. While a revised proposal maintained the four-storey height, design concessions, such as setbacks, helped mitigate the impact on solar infrastructure—though the community garden remained at risk.
Do Property Owners Have a Legal Right to Sunlight?
With over 1.6 million Australian properties equipped with solar panels as of 2017, protecting access to sunlight is increasingly relevant. Yet, legal rights in this area remain ambiguous. Peter Clarke, a legal expert from Hones Lawyers, explains that while planning controls often mandate a minimum amount of direct sunlight for private open spaces, similar protections for solar panels are far less defined.
Zoning and Legal Precedents
Overshadowing disputes often arise where low-density zones border high-density developments. Courts have occasionally ruled in favour of solar panel owners, as seen in *City of Melbourne v Chen*, where a project was denied due to its substantial impact on a neighbouring solar array. However, decisions typically weigh multiple factors, including visual intrusion and neighbourhood character, rather than granting an outright “right to light” for solar panels.
Strategic Considerations for Solar Panel Placement
Legal precedent suggests that homeowners should strategically position solar panels with potential future developments in mind. Some councils, such as the City of Sydney, expect solar panel placements to account for adjacent property zoning. Poor positioning can weaken legal arguments against overshadowing, with courts often prioritising broader planning objectives over individual solar access concerns.
Conclusion
While some developments have been halted due to their impact on solar panels, legal protections remain inconsistent. Homeowners facing overshadowing must navigate complex planning frameworks, advocate during public consultations, and, where necessary, pursue legal avenues to challenge developments that significantly obstruct solar access.