Time to read : 3 Minutes
How much is a good view worth? Or let’s put it this way: how much is a lost view worth?
According to one Victorian government agency, up to $40,000. Under one government proposal, landowners whose views are affected by new transmission lines and towers could be in line for payments to that tune.
The idea was floated by the government agency VicGrid, which is seeking consultation on a plan for new transmission and renewable energy infrastructure. Compensation would only apply to neighbours with “demonstrated significant loss of visual amenity”.
The caveats also include an affected property being within 400m of infrastructure in regional areas and 200m in urban areas.
The draft plan states: “Infrastructure would need to be clearly visible from the point of the dwelling, home occupation or other site of sensitive land use.”
In reality, most of the VicGrid projects will affect farmers more than urban residents, but the consultation raises some questions.
Can you receive compensation for lost views?
What exactly can be done if a neighbouring development affects or blocks your view in Australia? The answer to that depends on your state and/or your local government, but there appears to be very little.
Local planning rules should prevent buildings from exceeding permitted heights, providing, in theory, at least some protection of views. But, developers and homeowners do at times seem to find ways to bend the rules in their favour. So when that happens, can a neighbour claim compensation?
There’s very little written into legislation around the country that directly tackles lost views.
But interestingly, rather than lost views, a claim of lost sunlight provides affected neighbours with some recourse.
According to Peter Clarke, from Sydney firm Hones Lawyers, many local governments have planning guidelines and controls for these situations.
But these rules vary between councils – and sometimes between areas governed by the same council.
Be aware: in recent years, the issue has been complicated by the fact that lost sunlight can impact solar panels. So it’s become a matter of potentially lost views, lost plant life… and lost energy.
The occasional success story
As hard as it seems to be to claim compensation for lost views, there has been the occasional win. In 2013, a boat harbour restaurant in Queensland had a win – a whopping $100,000.
The Hervey Bay restaurant successfully argued that a giant whale watching vessel blocked its harbour views. In a plot twist, the vessel was owned by the restaurant’s landlord. An appeal ruled that the restaurant be relieved of liability for rent arrears and was given more than $100,000 compensation.
Bottom line
If you’re concerned about an upcoming nearby development resulting in a lost view, your best bet might be to speak to the neighbours or developer directly.
Even then, you may not have much luck. That is, unless you buy a property near a future VicGrid infrastructure development and convince them your view’s worth $40,000.
Go deeper:
Why your property valuation matters as much as your home loan interest rate
