Does a development need to protect sunlight to a neighbour's private open space?
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.
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
Link on the answer: https://www.legislation.act.gov.au/ni/2023-540/Current
Where this question is kept
| Dual Occupancy Q&A | #558 | agrees | 01/09/2026 |