Rules for filing a development application for a solar PV system in NSW

Anyone planning on going solar in NSW will need to file certain paperwork to get their system connected to the electricity grid. The exact requirements for getting grid-connected will vary with the solar customer’s network operator (Essential Energy is one example who we’ve written about previously), but fortunately this is fairly straightforward for most small-scale systems (<10kW), usually consisting of an Application for Connection form and the installation of a new meter.

As the system in question increases in size, however, the other considerations come into play and receiving permission to connect may become slightly more complicated. First of all, there will be the network company’s requirements, which may vary by region and the presence or absence of issues with the local grid. If you’re thinking about installing a system over 10kW anywhere in NSW, it’s worth investigating what the network operator will require of you.

Another question (and the main focus of this article) is whether or not a Development Application (DA) will be required of solar system developers and would-be owners under NSW policy. DAs are usually necessary for any works (solar or not) over a certain size or impact, but many smaller projects are explicitly exempted in development and planning legislation.

In the case of solar PV systems in NSW, the rules for filing (or not filing) a DA under NSW’s State Environmental Planning Policy are fairly clear-cut. The relevant sections are as below:

Division 4  section 34 Development permitted with consent

(7) Solar energy systems
Except as provided by subclause (8), development for the purpose of a solar energy system may be carried out by any person with consent on any land.

(8)  Development for the purpose of a photovoltaic electricity generating system may be carried out by a person with consent on land in a prescribed residential zone only if the system has the capacity to generate no more than 100kW.

Division 4, section 36  Development permitted without consent [for public authorities]

(3) Solar energy systems

Development for the purpose of a solar energy system may be carried out by or on behalf of a public authority without consent on any land if:

(a)  it is ancillary to an existing infrastructure facility, and

(b)  in the case of development for the purpose of a photovoltaic electricity generating system—the system has the capacity to generate no more than 100kW.

Division 4, section 39 Exempt development

(3) Solar energy systems
Development for the purpose of a solar energy system is exempt development if:

(a)  it complies with clause 20 (other than clause 20 (2) (f)), and

(b)  in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and

(c)  in the case of development for the purpose of any solar energy system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and

(d)  the system does not involve mirrors or lenses to reflect or concentrate sunlight, and

(e)  in the case of a system that is ground-mounted:

(i)  the system occupies an area of not more than 150m², and

(ii)  the system has a height of not more than 5m above ground level (existing), and

(iii)  the system is installed no less than 3m from any adjoining property boundary, and

(iv)  if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned, and

(v)  if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 10m from any dwelling that is not owned or occupied by the owner of the system, and

(f)  in the case of a system that is not ground-mounted:

(i)  the development does not reduce the structural integrity of, or involve structural alterations to, any building to which it is attached, and

Note. The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.

(ii)  if the land is in a prescribed residential zone and is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and

(iii)  if the land is in a prescribed residential zone and is not attached to a wall or roof facing a primary road:

(A)  the system does not protrude more than 1m from any building to which it is attached (as measured from the point of attachment), and

(B)  the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and

(iv)  if the land contains a State or local heritage item or is in a heritage conservation area:

(A)  the system is not attached to any wall or roof of a building facing a primary road, and

(B)  the system does not protrude more than 0.5m from any building to which it is attached (as measured from the point of attachment), and

(v)  the system does not protrude more than 1.5m from any building or structure to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone, and

(vi)  in the case of development for the purposes of a photovoltaic electricity generating system—the system has the capacity to generate no more than 10kW.

In conclusion…

On the basis of these sections, we can summarise that:

•  If it ticks all the boxes, a rooftop system of up to 10kW is ‘exempt’ and can be built without any express permissions;
• Systems between 10kW and 100kW will usually need to obtain a certification of compliance (‘Complying Development Certificate’) from the local council (which shouldn’t be a problem provided – again – that the project ticks all the other boxes). By doing so, they are considered to be ‘complying’ and therefore no DA is necessary;
• Projects up to 100kW may be developed without consent as long as it’s a ‘public authority’ who is carrying out the works.

© 2014 Solar Choice Pty Ltd