Does a development need to protect sunlight to a neighbour’s private open space?
Yes. The design needs to consider how much sunlight a neighbour’s private open space will continue to receive.
Some additional overshadowing can occur as a result of development. The planning requirement is for reasonable solar access, rather than guaranteeing that the neighbouring private open space receives exactly the same sunlight as before.
For residential development, the solar building envelope is one of the main controls used to manage overshadowing of adjoining residential blocks. It limits the height and position of buildings in relation to the northern boundary of an adjoining residential block.
Example: If a proposed dual occupancy is directly north of a neighbouring property’s private open space, the height and location of the new buildings may need to be designed to comply with the applicable solar building envelope.
Reference: Residential Zones Policy – Assessment Outcome 15 – Territory Plan 2023 | Notifiable instruments
Short Answer
Yes. A residential development needs to achieve reasonable solar access to private open space on adjoining residential blocks. This does not mean the neighbour’s entire private open space must remain completely unshaded.
Detailed Explanation
The applicable residential planning provisions establish Assessment Outcome 15, which requires:
“Reasonable solar access to dwellings and private open space…”
This applies both within the development block and on adjoining residential blocks.
The current residential technical specification provides a measurable benchmark through Specification 15.1 – Solar building envelope. For multi-unit housing up to 3 storeys, buildings are to be located wholly within a solar building envelope projected over the development block at 31° to the horizontal from the applicable solar-fence height on any northern boundary of an adjoining residential block.
For multi-unit housing, the solar-fence height is:
- 3 m in the primary building zone.
- 2.3 m in all other parts of the boundary.
Accordingly, a neighbour's private open space does not have an absolute right to remain completely free from overshadowing. The proposal instead needs to demonstrate reasonable solar access in accordance with Assessment Outcome 15 and the applicable solar-access provisions.
No minimum block size does not remove the need for planning assessment.
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