Can a neighbour stop my development because they lose a view?
Loss of a view by itself is not a planning reason that gives a neighbour the right to prevent your development.
A neighbour can still comment or object to a notified DA, but their concerns need to relate to relevant planning matters. For example, they may raise issues about:
- privacy or overlooking;
- loss of solar access;
- building height, bulk or scale;
- impacts on adjoining residential amenity; or
- how the development interacts with surrounding properties.
ACT Planning specifically advises people making representations not to rely on impacts to views and outlooks, stating that “No individual lessee has sole right to a view.”
Example: If a proposed second dwelling blocks a neighbour’s distant mountain view, that loss of view alone would not be grounds to stop the development. However, if the same building also creates unreasonable overlooking or affects required solar access, those are separate planning matters that may be considered.
Reference: ACT Planning – After you apply ? Making a representation – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
No. A neighbour cannot stop a development simply because it affects or removes their view. A neighbour can make a representation during the DA notification period, but ACT Planning specifically states that no individual lessee has a sole right to a view.
Detailed Explanation
Under the ACT planning system, a neighbour may make a representation on a publicly notified DA. However, the decision is not determined simply by whether neighbours support or oppose the proposal, or by the number of representations received. The Territory Planning Authority considers the planning issues raised and assesses the proposal against the applicable Territory Plan provisions.
ACT Planning's current After you apply ? Making a representation guidance expressly identifies impacts on views and outlooks as something a representation is encouraged not to rely upon, because an individual lessee does not have a sole right to a view.
This is different from recognised residential amenity considerations. The Territory Plan assessment framework includes matters such as appropriate height, bulk and scale, as well as reasonable solar access and privacy for dwellings and private open space on adjoining residential blocks.
Therefore, a neighbour's loss of view is not, by itself, a basis for stopping a development. If the development also creates impacts addressed by the applicable Assessment Outcomes or Assessment Requirements, those matters can form part of the DA assessment.
No minimum block size does not remove the need for planning assessment.
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