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QLD Seek Damages for Loss of Value from Council?

Discussion in 'Property Law Forum' started by Sean Smith, 6 October 2016.

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  1. Sean Smith

    Sean Smith Member

    6 October 2016
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    I own a low floor unit in a 12-story high rise. Currently have views through to the beach between 2 other properties. Council have just approved a new 12-story development (existing smaller building will be demolished) on one of the properties with a zero boundary setback on the side my current view is though (effectively cutting the view in half).

    My understanding is the zero boundary setback is outside the planning conditions for setbacks in the area.

    Am I able to seek damages for any loss of value from council?
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    Unlikely if you try to use a view as justification. There is no right to a view in Australia.

    You can only argue on grounds of non-compliance with planning rules. Though hard to see what damages you incur.

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