Australian Capital Territory Numbered Regulations

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PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2012 (NO 1) (NO 18 OF 2012) - REG 11

Schedule 1, section 1.27

substitute

1.27     External heaters and coolers

    (1)     A designated development for an externally mounted service for a block if—

        (a)     no part of the service is within 1.5m of a side boundary or rear boundary of the block; and

        (b)     if the service is mounted on a roof—the distance from the top of the service to the closest point of the roof is not more than 1.5m; and

        (c)     if the service is mounted on the ground—no part of the service is between a front boundary and a building line for the block; and

        (d)     the designated development complies with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.

Note 1     Designated development , in relation to land—see s 1.2.

Note 2     General exemption criteria for a development—see s 1.10.

    (2)     In this section:

"service"—

        (a)     means a solar water heater, air conditioner or evaporative cooler; and

        (b)     includes the support structures (if any) for the heater, air conditioner or evaporative cooler.

"solar water heater"—see the Building (General) Regulation 2008 , schedule 1, section 1.1.

1.27A     External photovoltaic panels

    (1)     A designated development for an externally mounted photovoltaic panel for a block if—

        (a)     no part of the panel is within 1.5m of a side boundary or rear boundary of the block; and

        (b)     if the panel is a protruding panel

              (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

        (c)     if the panel is mounted on the ground—no part of the panel is between a front boundary and a building line for the block; and

        (d)     the designated development complies with the general exemption criteria, other than section 1.18 (Criterion 8—compliance with other applicable exemption criteria), that are applicable to the development.

Note 1     Designated development , in relation to land—see s 1.2.

Note 2     General exemption criteria for a development—see s 1.10.

    (2)     In this section:

"protruding panel "means a roof mounted photovoltaic panel any part of which is higher than a plane projected at 30 o above horizontal from a height of 3m above the natural ground level at a boundary of the block.

"restrict"—a protruding panel on a block restricts solar access to another block if, on the winter solstice when the sun's angle is 30 o above the horizon, the shadow cast by the panel at natural ground level on the other block is larger than the shadow that would be cast on the other block by the roof if the protruding panels were not mounted on it.



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