Supposing a local council (in Victoria) failed in its duty of care to administer a planning permit process, meaning that neighbouring property owners never received notification of the permit application. If this led to a permit being granted for a building that reduced neighbouring property values (e.g. through overlooking), could one of the neighbouring property owners sue the council for damages if they had proof of what happened? If so, what area of law would this be?
This would fall into the area of Administrative Law and any potential breaches by the authority of their obligations under the appropriate Acts. Note that with any breach comes a possible remedy but also a possible defence or exception....
You want to sue council for an unquantified capital loss,
that cannot even be shown to exist,
because you were not spoon fed notice
of a publicly advertised application?
