Browse Forums Renovation + Home Improvement Re: Can you reject DA due to loss of view? 2Oct 19, 2015 6:46 pm The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Can you reject DA due to loss of view? 7Oct 20, 2015 11:39 am oneJohn Council may take it into account as a factor in determining whether the development is suitable. If everything about the proposal fits in with the planning guidelines, and with the nature of existing buildings in the area, then blocking a view is unlikely to stop it unless there are specific planning guidelines about views in your council development plan. However, if you are pushing the boundaries on other things, then the view may be something to tip things over the edge. If your design could easily be changed to allow view-sharing, so that you get the space you need, and they retain some of their view, then council may want you to do this. It may also be good from a neighbour relations point of view. In a house I built, I used a low-pitched roof with raked ceilings, which enabled both us and the neighbour to keep the full view. But overall, if the neighbour has a 2-storey house, they can't really complain too much if you build something similar on your block. Sounds promising! Re: Can you reject DA due to loss of view? 8Oct 20, 2015 12:25 pm I'd think a view is a key consideration. I'd hate my view(s) to be taken by a neighbour who builds after me. Compromise and consultation is often the answer ... Re: Can you reject DA due to loss of view? 9Oct 20, 2015 12:42 pm Saint Mike I'd think a view is a key consideration. I'd hate my view(s) to be taken by a neighbour who builds after me. Compromise and consultation is often the answer ... I would hate it if my views were taken from me as well! However, the cost of the land should have already taken these into consideration. Your house would be blocking the house behind you as well. There would only be 1 house left in Sydney if this is an issue Re: Can you reject DA due to loss of view? 10Oct 21, 2015 8:12 am I think anyone who builds first would be very naive if they build a two storey house then a few years later complain when the neighbour builds their similar sized house and all of a sudden they lose part of their views, their house becomes partially shaded and the neighbor can view part of their yard from the upper windows. Especially these days when side setbacks are usually 900mm from the boundary and most suburban blocks are 500-600 sq m. Stewie Re: Can you reject DA due to loss of view? 11Oct 21, 2015 9:34 am Saint Mike I'd think a view is a key consideration. I'd hate my view(s) to be taken by a neighbour who builds after me. Compromise and consultation is often the answer ... Also not practical when considdering the increase in value of your own property. While it is nice to keep things civil, things can still be kept civil without bending to neighbours objections. This is why we have rges etc. As long as everything is in order legaly, I wouldnt give two hoots if it obstucts a neighbours view or not. Im not building to make them Happy, Im building to make ME happy. If they want to go and be numpties about it, such as sabotaging the site, causing issues with council or other delays, you can still respond accordingly within civil terms and still have the moral highground. Those types generally unravel quite quickly. Creator of superduperonium, expert at expert things, nobel laureate, can hold my breath for 10 minutes. Re: Can you reject DA due to loss of view? 12Oct 21, 2015 2:48 pm world2160 Q: Is this good grounds to reject our DA? A: Everything complies with council rules and regulations. you've answered your own question. You cant legislate "views" into a planning instrument, thats why you have setback and height restrictions, that's the best a statutory authority can do in that regard. You're probably thinking of civil cases that have gone to court due to the illegal building activities of someone who ends up obstructing someone else's view. In those cases, the building work may need to be ameliorated, or the complainant recompensed. Since you've complied with all regs, that cant happen in your case. Re: Can you reject DA due to loss of view? 13Oct 22, 2015 8:01 am qebtel, some councils like a couple of our local ones actually have this in their DCP. Here's Manlys... 4.3 Maintenance of Views Objectives 4.3.1 The objectives for the maintenance of views are: a) To maintain continued access to existing views to the city, harbour, ocean, bushland, open space and recognised landmarks or buildings from both private property and public places (including roads and footpaths); b) To minimise loss of views from adjoining or nearby properties and public places, whilst recognising development may take place in accordance with the other provisions of this Plan; and c) To maintain and share views with existing and future Manly residents. Controls 4.3.2 The following controls apply to the maintenance of views: a) The design of any development is to minimise the loss of views from neighbouring and nearby dwellings and from public spaces. b) Views between and over buildings are to be maximised and variations to side boundary setbacks, including zero setback will not be considered if they contribute to loss of primary views from living areas. c) Templates may be required to indicate the height, bulk and positioning of the proposed development to assist in determining that view sharing is maximised and loss of views is minimised. The templates are to remain in place until the application is determined. A registered surveyor shall certify the height and positioning of the templates. Mosman Council has a very similar policy. I've seen a couple of DA's in those areas that were only approved after the ceilings were dropped to 2400mm and the pitched roofs lowered to flat. And yes they both looked like crap after they were built. All to keep the uphill neighbour happy as they were there first. Stewie Re: Can you reject DA due to loss of view? 14Oct 23, 2015 2:46 pm Note it says " The design of any development is to minimise the loss of views " the implication being some obliteration could be allowed meaning there is room for negotiation. Its not set in stone the same as setback and heights. When you have wording like that its becomes very subjective, and down to how well you can afford a good barrister. Re: Can you reject DA due to loss of view? 15Oct 24, 2015 9:52 am Quote: When you have wording like that its becomes very subjective, and down to how well you can afford a good barrister. True to a large extent. If the neighbour being affected doesn't object as part of the DA process the council won't take it any further as long as it complies with the other guidelines like setback, total height etc. As soon as someone complains they immediately take the high road and you have to alter the plans to suit. Then as you say egos come into play and then it depends on how deep your pockets are. Lawsuits over this where hundreds of thousands of dollars are spent on legal fees is not uncommon in our neck of the woods. Stewie Re: Can you reject DA due to loss of view? 16Dec 14, 2015 7:01 am Just back from a break. Read a few comments - no wonder we have so many disputes ... 2 10988 Hey everyone Not for me or anyone I know, just generally interested. For a single allotment house, are you allowed to take the fence on both sides of your house and… 0 20908 I've just had a look at the website. The company are just building broker's. 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