Securing Access to Sunlight: The Role of Planning Law in New South Wales

James Goudkamp, ‘Securing Access to Sunlight: The Role of Planning Law in New South Wales’ (2004) 9 Australasian Journal of Natural Resources Law and Policy pp.59–101.

43 Pages Posted: 26 Feb 2016

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James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2004

Abstract

Although access to sunlight is highly prized by landowners, this interest is atIorded 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 sohir access and offers some proposals for reform.

Keywords: tort law, environmental law, planning law, easements, nuisance

JEL Classification: K32

Suggested Citation

Goudkamp, James, Securing Access to Sunlight: The Role of Planning Law in New South Wales (2004). James Goudkamp, ‘Securing Access to Sunlight: The Role of Planning Law in New South Wales’ (2004) 9 Australasian Journal of Natural Resources Law and Policy pp.59–101., Available at SSRN: https://ssrn.com/abstract=2737624

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
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Oxford, OX1 3UL
United Kingdom

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