Planning and Development (Solar Access) Amendment Regulation 2016 (No 1) (ACT)

Planning and Development (Solar Access) Amendment Regulation 2016 (No 1)

Subordinate Law SL2016-24

The Australian Capital Territory Executive makes the following regulation under the Planning and Development Act 2007.

Dated 18 August 2016.

Mick Gentleman

Minister

Andrew Barr

Minister

Planning and Development (Solar Access) Amendment Regulation 2016 (No 1)

Subordinate Law SL2016-24

made under the

Planning and Development Act 2007

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Schedule 1, new section 1.26 (ba)  1

5            Schedule 1, section 1.27 (1) (b)  1

6            Schedule 1, section 1.27A (1) (b)  2

7           Schedule 1A, new section 1A.10 (1A)  2

8            Schedule 1A, new section 1A.11 (1A)  2

9            Dictionary, new definition of relevant solar building envelope                3

1. Name of regulation

   This regulation is the Planning and Development (Solar Access) Amendment Regulation 2016 (No 1).

2. Commencement

   This regulation commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This regulation amends the Planning and Development Regulation 2008.

4. Schedule 1, new section 1.26 (ba)

   insert

   (ba)if the skylight is on a block to which a relevant solar building envelope applies—the skylight does not project beyond the relevant solar building envelope; and

5. Schedule 1, section 1.27 (1) (b)

   substitute

   (b)if the service is mounted on a roof—

   (i)the distance from the top of the service to the closest point of the roof is not more than 1.5m; and

   (ii)if the service is on a block to which a relevant solar building envelope applies—the service does not project beyond the relevant solar building envelope; and

6. Schedule 1, section 1.27A (1) (b)

   substitute

   (b)if the panel is on a block to which a relevant solar building envelope applies—no part of the panel projects beyond the relevant solar building envelope; and

   (ba)if the panel is a protruding panel on a block to which a relevant solar building envelope does not apply—

   (i)no part of the panel is more than 300mm above the closest point of the roof; or

   (ii)no part of the panel restricts solar access to another block; and

7. Schedule 1A, new section 1A.10 (1A)

   insert

   (1A)This section does not apply if—

   (a)a relevant solar building envelope applies to the block; and

   (b)any point of the building or structure extends beyond the relevant solar building envelope (an encroachment); and

   (c)the encroachment is not permitted by a relevant development approval.

8. Schedule 1A, new section 1A.11 (1A)

   insert

   (1A)This section does not apply if—

   (a)a relevant solar building envelope applies to the block; and

   (b)any point of the building or structure extends beyond the relevant solar building envelope (an encroachment); and

   (c)the encroachment is not permitted by a relevant development approval.

9. Dictionary, new definition of relevant solar building envelope

   insert

   relevant solar building envelope means—

   (a)for a development of a single dwelling on a block in an estate development plan approved under a development application on or after 5 July 2013—the solar building envelope that applies to the block under the territory plan, Residential Zones—Single Dwelling Housing Development Code; or

   (b)for a development of multi unit housing on a block in an estate development plan approved under a development application on or after 5 July 2013—the solar building envelope that applies to the block under the territory plan, Residential Zones—Multi Unit Housing Development Code.

Endnotes

1. Notification

   Notified under the Legislation Act on 29 August 2016.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2016