When Your View Changes Overnight
For many Townsville homeowners, a good view or sense of privacy is part of what makes their property special. So when a neighbour’s renovation, new two-storey home, or high fence suddenly blocks that outlook, it’s understandable to feel frustrated or even wronged.
But what often surprises people is that under Queensland law, there is usually no automatic right to a view.
These kinds of disputes are becoming more common as Townsville grows. Denser neighbourhoods, higher homes, and more complex developments mean that privacy and amenity concerns can arise even when everyone is following the rules. That’s where clear legal advice — and calm communication — can make all the difference.
The Myth of a “Right to a View” in Queensland
One of the most common misconceptions Cohen Legal sees is the belief that homeowners have a “right to a view” or “right to sunlight.”
As Sam Cohen, Principal Lawyer, explains:
“We often see clients who are shocked to learn that the law doesn’t guarantee a view — but that doesn’t mean they’re without options.”
In Queensland, the law does not recognise a general right to preserve a view or protect sunlight. Unless that right is specifically written into an agreement — such as an easement, restrictive covenant, or a condition of a development approval — your neighbour is generally free to build on their land within council regulations.
That means if your view is obstructed by lawful development, there’s often little legal ground for a direct claim. However, this isn’t the end of the story — because not every situation is “lawful” or “reasonable.”
When Loss of a View or Privacy Leads to Dispute
View and privacy disputes can stem from many everyday changes, including:
- A new second-storey addition overlooking your backyard.
- Tall fences or screens affecting light and outlook.
- Trees growing high enough to block once-open views.
- Windows or balconies positioned for direct line-of-sight into living areas.
For many property owners, the real concern isn’t just what’s been lost — it’s the feeling of intrusion, or that the change happened without consultation. These situations can strain neighbour relationships and affect property values.
While emotions can run high, Sam Cohen encourages a measured and practical approach:
“Often, the best results come from talking early. Once people understand what’s legally possible, discussions can focus on solutions instead of blame.”
Early advice from a property dispute lawyer can help you understand whether the issue is a planning, privacy, or boundary matter — and which steps are worth taking before tensions escalate.
Legal Framework: What the Courts Consider
Under the Planning Act 2016 (Qld), local councils (like Townsville City Council) regulate how land can be developed. Building height, boundary setbacks, and privacy screening are controlled through the local planning scheme.
If your neighbour’s structure complies with these rules and approvals, it’s generally permitted — even if it impacts your view. However, issues can arise when:
- A development is built outside its approved plans,
- The work breaches council conditions, or
- There is unreasonable interference with your property use or enjoyment.
In those cases, your concerns might have legal standing — for example, as a planning dispute, a civil nuisance, or a breach of duty claim.
Courts and councils tend to assess whether an interference is unreasonable in the circumstances. They consider factors such as building compliance, timing, and the practicality of proposed changes.
Rather than focusing on “fairness,” the question becomes: Was the development lawful and reasonable?
Options for Resolving View and Privacy Disputes
If you’re facing a loss of view or privacy, several steps can help manage or resolve the issue.
- Start with Direct Communication
A calm discussion can often resolve matters before they harden into disputes. Check if your neighbour is aware of your concerns — many issues arise simply from miscommunication.
- Seek Council Input
Townsville City Council can confirm whether building works have been approved or if complaints fall under their jurisdiction. They may offer mediation or dispute resolution services for neighbourhood planning issues.
- Get Legal Advice Early
If you suspect non-compliance or ongoing unreasonable interference, it’s time to speak with a property dispute lawyer. Cohen Legal can assess whether your matter falls under planning law or civil litigation, and outline practical next steps — from correspondence to formal dispute resolution.
As Sam Cohen notes:
“Our goal is always to resolve disputes early and sensibly. Litigation should be the last resort, not the first step.”
- Formal Dispute Resolution
If informal discussions fail, options include mediation through the Dispute Resolution Branch, lodging a complaint with the Queensland Building and Construction Commission (QBCC) if building work is involved, or taking civil action where damage or breach can be proven.
Every case turns on its facts — which is why tailored legal advice is essential before escalating.
How Cohen Legal Helps Resolve Property and Neighbour Disputes
Cohen Legal regularly assists Townsville residents and business owners with property and neighbour disputes, from planning concerns to complex litigation.
Our team understands the mix of legal, emotional, and practical factors that come with these issues. We approach each matter with empathy and precision — aiming to resolve disputes while protecting relationships where possible.
We’re experienced in:
- Advising on planning compliance and building approvals.
- Managing civil nuisance or negligence claims.
- Negotiating settlements between neighbours and developers.
- Representing clients in mediation or court proceedings when required.
Because we’re based in Townsville, we know how local planning and zoning rules interact with real properties in the region — whether it’s a coastal block in Belgian Gardens or an acreage on the city’s outskirts.
If your view or privacy has been impacted by nearby development, we can help you understand your rights and guide you through the most practical legal pathway.
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Talk to Our Townsville Team
If a neighbour’s development or structure has impacted your view or privacy, Cohen Legal can help you understand your rights and take practical legal steps to resolve the issue.
Contact our Townsville office today for clear, strategic advice from a team that understands both the law and the local landscape.
Disclaimer: This article provides general information only and does not constitute legal advice. You should obtain advice specific to your circumstances before making any decisions.