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ARTICLE · 12 SEPTEMBER 2018

Do I have a right to a view?

Whilst you do not have a right to a view, this article outlines when you should lodge a submission to Council.

AustraliaReal Estate and Construction

No, property owners do not have a legal right to a view. If you are looking at buying a property with picturesque views, take care. If there is the possibility of a future development blocking those views then you will NOT have the right to prevent that development.

The dispute around James Packer's Crown Resorts involving views of Sydney Harbour from Barangaroo recently brought this topic again into the spotlight. The company, who run the Barangaroo Crown Casino, are seeking to prevent the Barangaroo Delivery Authority from approving a development which would obstruct the views of the Sydney Harbour Bridge and the Sydney Opera House from the casino. This case involves a different legal principle and is a contractual matter between the parties but it highlights an interesting point.

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