Your Say SA: South Australians want right to sunlight enshrined in State Government planning rules

SOUTH Australian property owners overwhelmingly want their right to sunlight enshrined in legislation according to the landmark Your Say SA survey — but the State Government says it plans to take a cautious approach to the issue.

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NEW planning rules enshrining property owners’ right to sunlight will be considered only if it “became an issue”, the Government says, despite new survey results showing an overwhelming majority of South Australians want reform.

The Sunday Mail’s Your Say SA survey shows 89 per cent of respondents think they should be protected from being shaded out by their neighbours through planning regulations.

The push to cement the right to sunlight is backed by the Local Government Association and Labor planning spokesman Tony Piccolo.

But State Planning Minister Stephan Knoll said no immediate plan was in place, with the Government preferring to monitor how new planning reforms worked first.

The reforms — passed by Parliament in 2016 — only come fully into effect in 2020.

“The State Government will be closely monitoring the planning reforms already underway and we would be open to looking at further reform to ensure appropriate access to sunlight if it became an issue,” Mr Knoll said.

The push comes as 76 per cent of survey respondents said they should be advised of new development applications on adjoining land, while 22 per cent said it was only necessary if plans didn’t comply with zoning regulations.

Local Government Association public affairs director Lisa Teburea said overshadowing of windows, gardens and solar panels is one of the most common objections to development, particularly in built-up metropolitan areas.

“Local government is advocating for stronger and enforceable design standards to ensure that the impacts of development on the surrounding area can be better managed,” she said.

Mr Piccolo said he was considering how to tweak planning regulations so “development doesn’t have a negative impact on people’s lifestyles”.

“How we achieve that I’m not sure but I’m looking forward to sitting down with stakeholders to discuss that,” he said.

Property Council executive director Daniel Gannon said the planning system was designed to ensure community feedback at the front end of development applications.

“More South Australians are trading in backyards for balconies and in the process a conversation has started about whether purchases have a right to what sits above their roof,” he said.

“In reality, when investors make property purchases they are buying the land and relevant uplift potential it holds rather than the air, sun or clouds above it.

“What’s important is that developers and mum and dad investors are following local development plans to build what’s allowed to be built.”

Shading of neighbouring properties was a key criticism of the controversial $80 million Cremorne Plaza development planned for Unley Rd. It initially secured approval, which collapsed when developer, China-based Xinyu International, missed its deadline to start work.

Survey respondents were much more evenly split on three other multistorey development issues.

Thirty four per cent of respondents opposed multistorey residential developments in the suburbs, 32 per cent said Adelaide should build up rather than outwards, while 34 per cent said they were fine on main roads only.

Just over 84 per cent of respondents said there should be a building height limit, but the majority of them — 46.1 per cent)— said that should not apply in Adelaide’s CBD.

The level of apartment development in the city is about right according to 45 per cent of respondents, 28 per cent said there was too little development, while 26 per cent argued there was too many apartments already.