SECURING ACCESS TO SUNLIGHT: THE ROLE
OF PLANNING LAW IN NEW SOUTH WALES

JAMES GOUDKAMP

ABSTRACT:

Although access to sunlight is highly prized by landowners, this interest is afforded extremely limited protection by the common law. Indeed, the common law has been accused of stagnating and failing to keep reasonably abreast of the developing needs of society in this connection. However, to an extent, the limitations of the common law have been compensated for by planning law. This article examines the contribution of planning law in New South Wales to the problem of solar access and offers some proposals for reform.