Hi all
I am in a situation where I purchased some land 3 years ago that had "unrestricted never to be built out" ocean views (we have not yet built on the land). I was told the land in front of us was Public Open Space, however I do not have that in writing (yes I know……).
I have now received plans from the relevant council showing that the land in front of us is now going to be developed (all residential) so the only unrestricted view we will have is the new neighbours back yard.
Given that we paid a considerable premium for the views which will now be non existent, do I have any leg to stand on to seek some compensation for the decrease in value, or do I have to wear the rather considerable loss?
Appreciate any comments to the situation, and any advice on where to go with it as I wouldn't even know where to start.
The location is WA.
Thanks
GriffsI am not aware of any case law or planning laws which protect views (only your right to privacy).
Hello,
Yes you have a case …
You can access old council plans that will show public open space …
Go to the archives of LEP of the council …
If the council sold the public land without consultation you can sue them …
Get a good barrister and go for it …
D
Actually, there is caselaw protecting the right to a view. Hutchens & Anor v City of Holdfast Bay & Anor [2007] SASC 238 is a South Australian Supreme Court Case that upheld a landowner's right to preserve their ocean view. This doesn't necessarily mean that NSW HAS to follow the case but NSW courts will look pretty closely at it.
You will need to act quickly and object to the proposed development (if it still is only proposed). I think you will definitely need a lawyer to act for you because I'm sure that the developer will be quite cranky about your objection. Once DA has been granted you can't object so you should get onto it immediately.
Cheers
K
Did your lawyer confirm that the land was public open space when they acted on your behalf when you were sold the property?
was it advertised as never to be built out. try dig up the old RE listing for the property
Great reference to case law Linar. I'll try and have a read if I get a chance.
Best of luck griffs. Keep us posted.
You must be logged in to reply to this topic. If you don't have an account, you can register here.
