In late 2018, under Amendment VC149, the State Government changed Clauses 54 and 55 and included new Decision Guidelines requiring consideration of the impact of overshadowing from new development, on existing rooftop solar energy systems, on neighbouring lots in residential zones.
In October 2018, Ministerial Planning Scheme Amendment VC149 introduced additional considerations for planning permit applicants into the Commercial 1 and Residential zones. The changes require specific consideration of a proposal’s impact on neighbouring rooftop solar energy generation facilities.
Tika v Yarra CC [2018] VCAT 894 highlights the importance of accurate information to properly assess off-site impacts, including overshadowing of neighbouring secluded private open space (SPOS) under Standard B21 of Clause 55.04-5. This was a proposal for two 3-storey dwellings on a 235sqm lot in Richmond. Errors were identified in the plans relating to the conditions of the neighbours’ land and therefore the extent of shadow proposed to the neighbours’ SPOS.
As noted above, Amendment VC149 was gazetted early August 2018. In addition to the C3Z the state-wide amendment seeks to provide more protection for existing roof top solar panels.
