03/13 issue 1

ISSN: 0729-6436

Access to sunlight Not always that simple

Storage options A look at what is around

Solar 2013 Conference & Expo Speakers and events

Energy Rating Systems Are we achieving the objectives?

The OffIcIal JOurNal Of The AustrAliAn solAr CounCil

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SolarProgress | 1

Contents

306

33 36

edITOr

dr Bill Parker

Phone: 0403 583 676

editor@solar.org.au

cONTrIBuTOrS: Steve Blume, Mark Byrne,

Greg combet, Peter fries, craig froome,

Paul Meredith, Nigel Morris, Peter Pentland,

Priyadarsini rajagopalan, rob Selbie, Jenny

Sharwood and Wayne Smith.

cONTrIBuTING edITOr

Nicola card

NaTIONal SaleS MaNaGer

Brian rault Phone: 03 8534 5014

brian.rault@commstrat.com.au

deSIGN & PrOducTION

annette epifanidis

cOMMSTraT MelBOurNe

level 8, 574 St Kilda rd Melbourne 3004

Phone: 03 8534 5000

auSTralIaN SOlar cOuNcIl

ceO John Grimes

PO Box 148, frenchs forest NSW 1640

www.solar.org.au

aBN 32 006 824 148

commStrat aBN 31 008 434 802

www.commstrat.com.au

Solar Progress was first published in 1980. The

magazine aims to provide readers with an

in–depth review of technologies, policies and

progress towards a society which sources

energy from the sun rather than fossil fuels.

except where specifically stated, the

opinions and material published in this

magazine are not necessarily those of the

publisher or auSeS ltd Trading as australian

Solar council. While every effort is made

to check the authenticity and accuracy of

articles, neither aSc nor the editors are

responsible for any inaccuracy.

Solar Progress is published quarterly.www.solar.org.au

SOLAR PROGRESS is published by CommStrat for the Australian Solar Council (ASC).

Solar Progress subscriptions: contact Anna Washington Executive Assistant, ASC anna@solar.org.au or call 0409 802 707

Solar CouncilReview of solar landscape by ASC CEO and Solar Progress Editor 2

Solar 2013 Conference & Expo 20

The Golden Jubilee Conference 26

Hall of Fame recognises solar power pioneers 28

State Branch activity 46

Corporate members 48

Solar advancesCraig Froome on storage 8

Solomon Islands’ solar program 47

Special featuresSolar access versus shade, by Mark Byrne 12

A closer look at Energy Rating systems 14

Steve Blume on solar funding channels 22

Solar One pioneer Peter Fries 30

The vision of one UNSW student 33

STELR in schools 36

Industry developmentsWayne Smith takes a look at The RET Review 18

Minister Greg Combet and clean energy 24

News and viewsLocal and global solar developments 4

Nigel Morris compares solar to Icarus 32

Following the Sun book review 35

Fossil Fools, says Peter Fries 38

Products and servicesAussieWide Solar, GSES, Regen Power, SMA, Solar Clips and SolPac 42

Front cover: This source of energy will run out – eventually. In about one billion years, water on Earth will not exist as the Sun will have heated up such that terrestrial life will have gone. Time enough to deploy all the solar technologies we have to hand.Image courtesy NASA

2 | ISSUE 1 • 2013

Bill Parker Editor

John Grimes Chief Executive, Australian Solar Council

We live in extraordinary times. The Bureau of Meteorology has released

data for January from weather stations around the country: (http://www.

bom.gov.au/climate/current/special-statements.shtml) with a number of

reports and many superlatives across the pages.

The report showing high temperatures is extraordinary, with locations

where very high temperatures are normal but many where they are not,

and some daytime maximums approaching 50°C . (As I write this in

suburban Perth, my max/min thermometer is showing 45°C in the shade.)

The extraordinary rainfall data is contained in another BOM report.

It is not appropriate to relate one weather event (or a month’s

pattern) to climate change, but summing the extreme events by their

difference from the norm in any one year by extreme, it is valid to test for

correlations between that summing and climate change.

NASA is more direct: “NASA scientists say 2012 was the ninth warmest

of any year since 1880, continuing a long-term trend of rising global

temperatures. With the exception of 1998, the nine warmest years in the

132-year record have occurred since 2000, with 2010 and 2005 ranking

as the hottest years on record.”

Is the science of climate change now a lesser issue than bureaucratic

and governmental complacency or worse, the clever marginalisation

of science? We can do fracking but wind turbines cause actual disease

symptoms?

If you were at Swinburne University early last December you would

have concluded that solar science is alive and well. Here were the

investigators relating their work to the Solar 2012 attendees. All of it in

one way or another contributing to global warming mitigation, whether

at the laboratory bench or in the business world. We now look forward to

Solar 2013 in May.

Politics will play a front and centre role during the next seven

months, and crucial to the solar industry, its R&D support, and the

basic research that goes on, is recognition of the importance and

viability of solar technologies.

As 2013 rolls on the high temperatures of January will be forgotten,

as might global warming (which might even be bumped off the

election agenda).

However, nothing will diminish, or stop the role solar energy plays in

moving towards a society that consumes less fossil fuelled energy.

Bill Parker

The year 2013 is set to be critical for solar in Australia. Coming off another

big year for domestic solar – just on 1GW of solar PV was installed in

Australia in 2012 – there are some big challenges and opportunities ahead.

Here is just one of them:

Solar PV’S Policy Blind SPotThere is a gaping policy blind spot when it comes to commercial and

industrial scale solar PV in Australia.

Unique in the world, Australia’s policy makers have targeted domestic

solar but have ignored the benefits of powering our businesses and factories

with solar PV.

It is a fundamental mistake, and needs to be fixed.

Unlike domestic customers whose peak electricity usage is in the early

evening (during the setting of the sun), commercial uses demand power

exactly when the sun is up – during the working day.

When it comes to delaying or eliminating the need for expensive grid

infrastructure upgrades, and taking load off the grid during the day,

distributed commercial and industrial solar PV is the real ‘low hanging fruit’.

At a time when our leaders are scratching around for ways to cut power

bills, this one policy area can make serious inroads into cutting the $120+

billion electricity infrastructure investment now underway.

The rest of the world targets this sector for good reason, and we should

too. At the moment the policy argument at the federal level is focused on

cutting imagined future costs by reducing federal government support for

installations over 10kW (down from the current 100kW).

The focus is all on the cost side, instead of quantifying the potential

savings, and where the business case stacks supporting businesses to

invest in their own on-site power generation and booking a saving for all

power users.

We need to become more sophisticated when it comes to solar policy, and

we need to get our political leaders engaged in the substantive issues, and

away for the mindset that solar PV subsidies are a basic way to curry favour

with the electorate by ‘feeding the chooks’, and nothing more.

John Grimes Printed using fSc® mixed source certified fibre by Printgraphics Pty ltd under ISO 14001 environmental certification.

4 | ISSUE 1 • 2013

News and views

Sunny outlook More than $14

million has been

pledged to a suite

of solar projects

for the CSIRO-led

US-Australia solar

energy collaboration,

the most significant of

which is the creation of a $7.6 million solar

forecasting system.

(Read all about this progressive step in the

next issue of Solar Progress.)

Next generation solar cell technology Still on big picture

developments,

an historic $35

million Australia–US

partnership presents

new opportunities

for boosting solar

cell performance

and cost reduction,

and aims to foster

rapid development

of PV technology. To be known as the US-

Australia Institute for Advanced Photovoltaics

– USAIAP – this is one of the largest solar

research investments in Australia’s history and

will be led by UNSW.

The new Institute combines the expertise of

several US Research Centres and universities,

Australian universities, the CSIRO, three state

governments, Suntech Australia, BT Imaging,

Trina Solar Energy and BlueScope Steel.

UNSW Scientia Professor Martin Green said

“The Institute will establish Australia as the

photovoltaic research and educational hub

of the Asia-Pacific region. It combines our

expertise with America’s world-class facilities

and creates a tangible pipeline to ‘over the

horizon’ photovoltaic technology.

“The Institute will also be fundamental

to the training of the next generation of

photovoltaic research scientists and engineers.”

Solar thermal to powEr ahEadCreating solar technology that supplies supply

cheap, zero emission, secure energy for Australia

and the world ... that is the mission of CSIRO and

six Australian universities who are joining forces

with US based NREL, Sandia National Laboratories

and Arizona State University.

To be known as the Australian Solar Thermal

Research Initiative, the $87 million, eight year

collaboration which is being led by CSIRO was

made possible with ASI and ARENA’s $35 million

contribution, and cements Australia’s leading role

in global solar research.

ASTRI outcomes could well transform the

energy industry in Australia by slashing the cost of

solar thermal power in producing electricity, heat

and fuels.

Guiding the research will be Dr Manuel Blanco

who recently joined CSIRO as Director of ASTRI.

The world-renowned solar scientist boasts

almost three decades of academic, research and

development managerial experience and helped

pave the way for Spain’s first commercial solar

thermal system.

In an upbeat statement Blanco said “We will

reduce the cost of

solar thermal to just

12 cents a kilowatt

hour by 2020 and

provide zero-emission

energy to people

when they need it.

It’s a technological

leap but we will do

it. We are working

with the best in the

world.”

Big ticket research collaborationsuNSW takes charge UNSW is involved in five other significant solar

research projects and will take the lead in two: a

$5.3 million initiative to develop Tools for design

and scale-up of solar thermochemical reactors;

and a $6.7 million project to produce low cost,

high efficiency copper-zinc-tin-sulphide (CZTS)

on silicon multi-junction solar cells.

High level aspirations and top level brain

power – a potent mix. Future issues of Solar

Progress will focus on solar achievements that

pave the way for a clean, green future.

PV streets ahead …Can you picture yourself driving on roads

constructed from glass, PV and re-cycled landfill

and compost? Such is the brainchild of Solar

Roadways entrepreneurs Scott and June Brusaw,

whose “intelligent” asphalt free roads, pavements

and driveways are designed to generate power.

Scott Brusaw makes use of many technologies

to develop glass that “is tough as steel”, does

not shatter, is fire proof, anti-glare and provides

traction. By his estimates one kilometre of his

solar roadway would generate enough power

for about 265 homes and significantly reduce

greenhouse gases.

His prototype 12 x 12 foot panels include

three white and three yellow LEDs which send

signals to microprocessors to generate ‘text’

traffic warnings for road users, eliminating the

need for traditional road signs. LEDs could also

be used to ‘paint’ road lines from beneath and

light up roads during night time, and with the

addition of a heating element would have the

capacity to melt snow and ice.

The multi-faceted Solar Roadways model also

factors in recharging of all-electric vehicles to

help sever dependency on oil.

As Brusaw states “We cannot keep

building petroleum based asphalt roads, it’s

antiquated.”

Belectric’s solar downunder The Australian subsidiary of German-based

Belectric has been granted approval for its first

solar plant in Australia, a 5MW solar power

plant in Mildura, Victoria.

Belectric said this was "The first step

toward implementing further solar projects in

Australia” and that the company has already

signed an agreement with Clean Technology

Partners for subsequent projects.

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6 | ISSUE 1 • 2013

News and views

Fall in love with Solar – says Greg evans of Perfect Match Valentine’s Day saw a public show of solar

affection by former Perfect Match host and

marriage celebrant Greg Evans, who performed

a novel commitment ceremony by marrying

“cheated on” electricity users to an Energy

Matters solar panel.

The media stunt was staged to highlight the

massive price hikes to energy bills over the past

five years.

“It’s time to save money, use our abundant

Australian sunshine and find a sustainable energy

solution without being held to ransom … I’m a

bit of an expert when it comes to relationships

and I think we’re being had,” said the man who

is the latest celebrity to catch the solar love bug.

Westpac’s $8 billion, five-year Sustainability StrategyIn a move designed to address “society’s most

pressing issues”, Westpac is targeting three areas

for lendings: Demographic and cultural change;

Identifying new avenues of wealth creation, and

Economic solutions for environmental challenges

The bank is pledging $2 billion to lending

for social and affordable housing and $6

billion in lending to the clean technology and

environmental services sector. Saying that the

environment and the economy are

“often seen at odds”, Westpac’s focus will

be on providing innovative solutions

to enable customers to “manage environmental

outcomes” and presenting specific support for the

CleanTech and environmental services sector.

Bunbury correctionIn our last issue (10/12) it was incorrectly stated that Bunbury Sports Facility’s evacuated tubes absorb both solar energy and UV; however the only energy that can be used is in the short wave IR between 0.5 and 5.5 microns. The evacuated tubes were also said to be up to 80% more efficient whereas they are up to 95% efficient compared to flat plate collectors, with a 70% maximum efficiency most commonly achieved.

Overdeveloped, overshadowed As the trend to develop high-rise, high-density

living around urban transport hubs continues, so

does the battle for space and sunlight.

In Victoria, where more homes are being

blocked in by multi-storey developments, new

laws could be developed to protect homes fitted

with solar panels from being overshadowed; a

move that would reduce ad-hoc decisions by the

Victorian Civil and Administrative Tribunal.

“There [needs] to be consistent and clear

guidance on a statewide basis to create greater

certainty about what might be regarded as

acceptable impacts," said a VCAT member.

"This would be of great benefit to affected

landowners, proponents of new developments

and decision-makers."

Victorian Planning Provisions state that new

buildings should be positioned and designed

to ensure energy efficiency of existing dwellings

on adjoining lots is not unreasonably reduced,

but in one unhappy case taken to VCAT the loss

of solar power was estimated at between 50 to

70% which was decreed “unreasonable”.

The Clean Energy Council hailed the tribunal

decision “significant” and said it was imperative

for developers to consider shadowing in projects.

europe soars ahead in solar Italy has leapfrogged Germany to become the

most solar-powered industrialised nation in

the world, supplying 5.6% of the country’s

electricity demand in 2012.

Italian solar power, which is almost entirely

PV, produced a total of 18.3 TWh of energy last

year, up a massive 72% on 2011 output and

pushing solar capacity in Italy to 17GW from

around 470,000 rooftop PV systems. The 2012

figures give rise to optimistic forecasts of 7%

solar production during 2013.

Meanwhile Spain’s share of solar rose to 4%, a

quarter of which stemmed from its large-scale solar

thermal power stations supplying power 24/7.

Housing one third of the world's solar panels,

Germany clocks up a 4.8% share of solar in the

electricity supply.

Data reveals countries outside Europe added

more than 13 GW of solar capacity last year,

compared with less than 8 GW in 2011, the

strong suits being China, the US and Japan.

For its not insignificant part, Australia added

about 1 GW of solar PV last year, lifting the

country's capacity about 70% to 2.4 GW.

Demand this year is anticipated between 840

MW to 1 GW.

embark on a plan In three years’ time the top of Sydney Convention

Centre will undergo a transformation with the

installation of a 400 kW rooftop community

solar farm.

Due for completion in 2016, the Sydney

Community Solar collaboration between Embark

and Lend Lease will enable local residents to invest

in the solar project, and is described as “a highly

visible example of medium scale solar PV”.

Embark is a NFP organisation that helps

communities create and participate in renewable

energy projects, emphasising they can benefit from

new clean energy without relying on subsidies.

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8 | ISSUE 1 • 2013

storage optionsfor grid connected PV

Solar Advances

The energy storage industry within Australia is still fairly immature

with only a small number of distributors and even a smaller number

of manufacturers and R&D effort. Many of the larger international

companies have shown little interest due to the current size of the market

within Australia.

Numerous countries are establishing ambitious renewable energy

portfolio targets similar to Australia’s Renewable Energy Target (RET),

requiring a portfolio target of 20% by 2020. With the most viable

renewable technologies being intermittent in nature, reaching a target

in excess of 15% may not be possible without storage. Given the relative

lack of relevant storage activity in Australia, this may be a particular

problem for us.

The distribution network providers, seeing and understanding the

grid issues with intermittent (and particularly distributed) generation are

now showing substantial interest in storage. This, coupled with both

the Renewable Energy Target and state based feed-in tariffs for PV, is

increasing deployment. The questions now arising are centred around

how to best use the energy generated with the time of generation not

necessarily matching network demand.

Significant penetration of solar and other renewable energy sources

into the national grid will highlight a number of operational concerns

over maintaining system power balance. With the proliferation of large

scale solar penetration into the grid, electricity networks will become

two-way power flow systems. Sudden changes in weather conditions

can cause big power fluctuations within several seconds. Because the

conventional generation has to be uncommitted to allow usage of solar

and other energy sources, the sudden power deficit may not be easy to

compensate quickly. This is predicted to result in power system instability

and poor power quality problems having an impact on operating reserve,

imbalance in energy, and voltage and frequency regulation of the grid.

Therefore, these technical issues need to be addressed within the existing

distribution network systems.

Available Electrical Storage TechnologiesIt is possible for energy storage to be used to improve system

responsiveness, reliability and flexibility or for load levelling and peak

shaving. It is these issues which are of greatest interest to the distribution

companies. Whilst there are various storage options, those technologies

that can be best utilised by solar energy rather than renewable energy

systems as a whole are of greatest current interest because of the rapid

growth of PV penetration.

The obvious need for storage in applications such as PV is not the only

motivation for its widespread deployment. Many other consumption and

peak-related issues would almost certainly also benefit from having a

local reactive storage resource. For example, recent research indicates that

there is a 40% probability of a summer peak load reduction if commercial

customers would be able to deploy appropriate storage. Also highlighted

in this research were alternative uses of stored energy including: i) local

load management; ii) utility load management and; iii) emergency critical

load management.

Ultimately, the choice of storage technology will be guided by:

1. Energy efficiency

2. Environmental impact

3. Location dependence

4. Lifetime

5. Economics, and

6. Space and weight requirements

Looking initially at battery storage options, both lead-acid and nickel-

cadmium batteries are made from toxic substances, so if considering

from a life-cycle viewpoint, these would cause some degree of concern

with disposal and recycling. Sodium and lithium-based batteries are

suitable for large-scale projects, but it is critical to consider the ability

of the technology to “scale-up” based on the demand needs of where

It is often said that storage is the limiting factor in the wider deployment of photovoltaics and other forms of intermittent generation. Given this intermittency, and the prominent role of solar and wind supply in the future renewables roadmap, will Australia’s 20% Renewable Energy Target be achieved by 2020? What are our options? In this article, Craig Froome and Paul Meredith review storage for grid connected PV.

SolarProgress | 9

the storage is being deployed. The economics and lifetime of competing

technologies has been highlighted as an area for future research, with

deployment of flow batteries currently considered the preferred option.

Deployment of storage technology on the UQ 1.22MW PV array at

the Brisbane St Lucia campus is an interesting case study highlighting

these considerations. In the first instance flywheel technologies and super

capacitors were not considered because of their limited ability to store

energy (periods up to one hour).

Option Technology SupplierA. Batteries

Lead-Acid RedFlowEcoult

Nickel-CadmiumSodium based NGK Insulators

GEMES DEA

Lithium based SAFTLi-TecBYD CompanyEnerSysOxisEnergy

B. Flow BatteriesZinc-Bromide RedFlow

ZBB CorporationPremium Power

Vanadium Redox Prudent EnergyOrganic Acid PlurionOther Enstorage Inc.

Extreme PowerDeeya Power

C. SupercapacitorsSAFTLi-TecBYD CompanyEnerSysOxisEnergy

Three types of storage technologies with a partial list of suppliers (bold indicates Australian presence)

The better options for the UQ project appeared to be lithium-ion

(Li-ion), sodium sulphur (NaS) and zebra (Na-NiCl2) batteries. However,

manufacturing capacity and the ability to scale-up to utility level is

questionable locally. Flow-battery designs utilising different chemistries

include polysulphide bromide (PSB), zinc bromide (ZnBr), cerium zinc

(CeZn) and vanadium redox (VRB). The major disadvantage of flow

battery systems is the additional capital and running costs.

A number of the above technologies for energy storage have

already been deployed internationally, although we believe that current

technologies support the use of lead-acid, sodium-sulphur, nickel-metal-

hydride, zinc bromide, lithium-ion and vanadium redox storage systems.

A key consideration for the UQ array application was the fact that both

zinc-bromide and lithium based batteries were locally available at a scale to

meet the project design requirements. A review of local suppliers, together

with consideration of research potential to scale a prototype to utility scale

resulted in the zinc bromide battery being selected for the project.

For a University the research benefits of testing various systems

generally outweighs economic decisions, but the same rules do not apply

to large-scale deployment by utilities. Therefore it is important to consider

both the life and cost of the competing technologies.

While the lead-acid and sodium based batteries are relatively

inexpensive, they only have a life expectancy of 10 years compared to

flow batteries which have an expected life of 30 years, resulting in the

cost per kilowatt being similar over the life of the battery. Further, the

market anticipates that these costs will come down even further as the

technology matures. (This could lead to decision makers adopting least-

cost technology in the short-term, while waiting for economies of scale in

emerging technologies.)

Using data from the Australian Energy Market Operator (AEMO), we

have modeled the medium growth scenario for battery deployment.

Preliminary indications show that the cost of battery storage, which is

dependent on the technology choice, is approximately $1 million/MWh,

making large-scale deployment in the near future unlikely.

The target price for significant deployment in a PV scenario is thought

to be of the order of $750,000/MWh (although this has changed

through innovation and competition since the original research article

was published).

High PowerE.C. Capacitors

Lead-AcidBatteries

Long DurationE.C. Capacitors

CAPITAL COST PER UNIT POWER – $/kW

Better for UPS & Power Quality Application

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CAES

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High PowerFly Wheels Long Duration

Fly Wheels

Zinc-Air Bat.

Rechargeable

Li-ion

NaS Battery

The most recent information prepared by the US Energy Storage Association (2009) based on capital costs in 2002 and the anticipated reduction of those costs as technology matured indicates that both sodium-sulphate and flow batteries will have a similar cost structure.

10 | ISSUE 1 • 2013

An extension of our research with this initial ZnBr deployment

will be to review current actual costs of the competing

technologies based on a typical installation within Australia,

commencing with the University of Queensland flow battery study.

However, as noted earlier, this will be limited due to the number

of active participants within the Australian market and the diverse

range of technology options.

As has been suggested, “renewables can do for energy what

micro-chip driven computers have done for information” (Hall

(2008) Energy Policy 36). However it is unlikely that this will occur

without efficient storage options to remove the intermittency

of the renewable energy resource that is so freely available and

demonstration sites made available so that the network companies

can model the implications to both new and existing infrastructure.

The current research at The University of Queensland will provide

the opportunity to assess the ability of storage to remove much of

the criticism directed to intermittent renewable technologies, while

also determining how storage can be best used within a distributed

energy system.

This article is an abridged version of a paper presented at Solar2010,

the 48th AuSES Annual Conference 1-3 December 2010, Canberra,

Australia, and is available on-line at www.solar.org.au/solarpedia

The University of Queensland deployed a 1.22 MW Photovoltaic (PV) array at the St Lucia Campus in 2011 looking at not only energy generation and reduction of its carbon footprint, but also at building on research and teaching opportunities within the renewable energy sector. The ability to model the advantages of energy storage under a range of scenarios within this array provides a number of opportunities. A RedFlow M90 zinc bromine flow battery system was added to the array in 2012.

Solar Advances

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SolPac_Mag Ad print.pdf 1 26/02/13 2:47 PM

12 | ISSUE 1 • 2013

Not everyone has the roof space or the

money to move PV systems – and they

shouldn’t have to. This is where solar access

rights come in. They are essentially an extension

of long-standing property rights — to peace

and quiet, for instance, or to prevent trespass

— to guaranteed access to sunlight.

Views have not traditionally been protected

by legislation or the common law, and generally

access to sunshine hasn’t been protected in

Australia. State governments have only recently

begun introducing legislation to prohibit tall

hedges or trees from blocking views or access

to sunlight, but even then, the right protected

is to sunlight through windows into houses,

not onto roofs.

It sounds simple — just ensure adequate

setback from boundaries, ban overshadowing

of roofs, or guarantee a set number of hours of

sunlight per day — but as these three options

hint, it isn’t. When you get down to designing

a standard, it can get complicated. For setbacks

to work they depend on the height of buildings

and the pitch of roofs also being restricted;

and it depends on their orientation too. You

can ban overshadowing where one house

exists and neighbouring land isn’t yet built on,

but this is not the most common situation.

The most common proposed guarantee — 6

hours of sunlight between 9 am and 3 pm

in mid-winter — does not correspond to the

period of maximum household demand. To

be comprehensive, controls need to apply to

vegetation and signs as well as walls, chimneys

and roofs. And so on.

As a result, there has been little legislation

to protect solar access, and most protections,

such as they are in Australian law, have tended

to be either in local planning instruments or

in codes or standards that lack legal force or

When ABC presenter Geraldine Doogue installed solar panels on her roof while there was a feed-in tariff in NSW, she was expecting credits on her bills of around $150. Instead, she received a credit of only 43 cents. When energy consultant Nigel Morris looked at her panels for an episode of Radio National’s Saturday Extra in August last year, he noticed that her panels were being overshadowed by a neighbour’s skyward extensions. What to do? Move the panels, he suggested. Mark Byrne examines how far we have to go to achieve perpetual solar access.

how not to feel overshadowed

that use words like “consider”, “excessive” and

“minimise” that are open to interpretation,

with decisions usually favouring those with the

money to hire lawyers.

The situation is better in some US states,

with the Californian Civil Code, for instance,

deciding that since promoting renewable

energy is good public policy, adequate access

to sunlight to operate solar energy systems

should be protected and facilitated. More

specifically, that state’s Solar Shade Control

Act of 1978 provides for a maximum shadow

of ten per cent between 10 am and 2 pm by

trees on any solar collector on adjacent land.

But what about overshadowing by buildings,

provision for future solar systems, or the impact

of sloping land on shadowing?

Other states such as New Mexico and

Wyoming have gone further by applying the

principles governing water law to declare solar

access a property right, but the extent of this

right and its impact on the development of

neighbouring land are still being worked out

in litigation.

A hypothetical solar fence in the ACTThe best response in Australia so far has been

in the ACT. It adopts the idea of a hypothetical

solar fence. This means that no building or

tree can be erected or planted on one block

of land where the effect will be to cast a

shadow on neighbouring land longer than

the shadow cast by an imaginary fence of a

designated height on the property boundary

line between specified hours in mid-winter. It

is probably the simplest approach, although

it has problems coping with sloping land and

high density areas.

Recent changes to the ACT’s Territory Plan

apply a hypothetical solar fence 1.8 metres

high to southern property boundaries. Because

the sun is only 32 degrees above the horizon

at midday in midwinter in Canberra, any new

building to the north of this 1.8 metre fence

must sit under the 32 degree envelope. For

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properties facing north-east or north-west, this

increases up to 42 degrees. The hypothetical

solar fence is 3.5 metres high for side boundaries,

where the envelope increases to 45 degrees.

Turn aroundThe apathy of other Australian governments

will need to change if we are to encourage

more people to reduce their use of fossil fuelled

electricity and to become responsible for their

own power supply. We also need to think

beyond discrete solar panels to a future with

more building-integrated solar power — not

only using PV panels as roofing tiles but also

PV-integrated windows and paints. This will

create greater flexibility in where and how we

can generate power from our own houses

and offices, but most of these emerging

technologies have lower efficiency factors than

good old flat panel PVs, so access rights will still

be required.

Make a differenceIf you want to help this process along, make a

submission to the NSW planning white paper

in February and March – see www.planning.

nsw.gov.au for details. The TEC will be asking

for a high-level state policy covering renewable

energy in general (so wind farms, for instance,

are not subject to much stricter controls than

coal mines or coal seam gas wells) and a

statutory right to solar access in particular. We

will probably advocate adopting the ACT model

in NSW as well.

aBout the authorMark Byrne is Energy Market Advocate at the Total Environment Centre and is a former urban planner. This article draws on Adrian Bradbrook’s paper Solar access law: 30 years on Environmental Planning Law Journal (2010, (27), 5), and the NSW EDO’s briefing note to the TEC on solar access. Adrian Bradbrook also authored Solar Energy and the Law, The Law Book Company, 1984.

Typical building envelope. Side or rear boundary. Northern boundary of an adjoining or residential block. X° can be 32° - 42°of an adjoining or residential block.X° can be 32° - 42°