VC267 that recently amended Clause 55 of planning schemes introduced new standards for domestic rooftop solar energy systems. A VCAT case in 2020 foreshadowed the challenges in providing and implementing planning policy on this topic.
In Clause 55 there are 7 standards under section 55.05 Sustainability of which 4 are new standards. Two of the new standards, B5-2 and B5-3 apply to domestic rooftop solar energy systems. These standards have been introduced to deal with the complexity around what constitutes a well-placed position for a solar system, that without policy in place has the potential to become a not so well-placed system.
This complexity is considered in a red dot VCAT case from 2020, Ramjee v Manningham CC. This case considered amenity issues created by a proposed addition to a medical centre that would have resulted in the overshadowing of an existing solar panel system on an adjacent residential building.
In the Decision Summary of this case, reference is made to guidance that was available through an amendment made to planning schemes in 1998. This amendment introduced a decision guideline in the General Residential Zone requiring decision makers to consider the impact of overshadowing on existing rooftop solar energy systems. There was also an accompanying planning practice note that was not part of the planning scheme or incorporated as a reference document.
There was insightful discussion around the consideration of overshadowing a rooftop solar systems and the level of policy/guidance available at the time, with direction and concluding comments including:
- any meaningful assessment of the proposal’s actual effects on the performance of the adjoining solar energy system cannot be made in this case:
- clearer and more sophisticated guidance at a statewide level remains highly desirable:
- avoidance of ‘a one size fits all’ approach in reference to preparation of the above guidance; and
- a more consistent policy approach would assist both developers and existing solar panel users and future users to understand their obligations and expectations in this evolving assessment area.
Five years on, there are now specific standards in Clause 55. Standard B5-2 applies to building setbacks to new buildings that limit the impact of reduced sunlight on an existing domestic solar energy system. This standard is applicable in a Township Zone, General Residential Zone or Neighbourhood Residential Zone, where building heights are more consistent and less likely to create overshadowing compared to a Mixed Use Zone and Residential Growth Zone. The side and rear setback requirements for new buildings on an adjacent site have been taken from the previous Standard B17. The aim of this prescriptive requirement is to prevent overshadowing.
By applying this standard in selected zones and with setbacks for new buildings that are familiar, the approach to this standard is clear and conservative. An installed rooftop solar system will now influence new building setbacks and heights on adjacent properties similar the previous Standard B17, which was designed to limit the impact on the amenity of existing dwellings. Not applying this standard to other zones that recognises the potential impact this could have on future investment and housing supply as it could put an artificial limit on building heights and residential density.
The objective of Standard B5-3 is the appropriate siting of a solar rooftop system which applies to the position, minimum dimensions and surface area. The technology in solar panels has and will continue to evolve and improve. The building owner and installer should be able to and would likely determine the optimal site-specific design of a system including and understanding of the future system limitations resulting from the setback requirements of standard 5-2.
The implication of this standard is that if the standards are not met the objective is not met. In this instance, if the generation of alternative energy was the objective, it is likely that it could be demonstrated that if the standards were not met, the objective would be. This puts into question if standard B5-3 is an example of policy overreach and if is it required.
Discussion in the case of Ramjee v Manningham CC foreshadowed challenges in providing direction on this topic. CS Town Planning will continue to review and assess how development proposals test the application of Clause 55 standards and advise clients accordingly.
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