Table of Contents

Overshadowing and overlooking

Page type:
Resource
Category:
Land use planning and management
Jurisdiction:
Victoria
Page rating:
6
Residential development adjacent to your property can affect you and your environment. This is predominantly a planning issue and before you read this you may wish to read some information about planning generally and how to object to proposed development that may affect you.

Residential development standards apply to all dwellings in Victoria. These 14 standards cover:
Don't fence me in....



Room with a view?

These standards are incorporated into Clauses 54 and 55 of all planning schemes in Victoria. These can be viewed here.

DSE has a Practice Note entitled “Understanding the Residential Development Standards” which helps explain the application of these clauses. This is found here.

Clause 54 relates to situations where there is one dwelling per lot and clause 55 relates to where there are two or more dwellings on a lot and residential buildings. The primary clauses that relate to overshadowing and overlooking are 54.04 Amenity Impacts and 55.04 Amenity Impacts.

Other sources of information

Further information about Residential Development more broadly can also be found here.

Some councils provide similar information on their websites. For example, Whittlesea has some useful information here.

If you are thinking about objecting to a neighbour’s development, you may wish to get an opinion from a planner or an architect on the accuracy and appropriateness of your neighbour's plans.

Another option is to consult the Law Institute of Victoria to find a specialist lawyer who will be able to give you up to 30 minutes free legal advice. They can be found here.

For general advice and guidance on neighbourhood disputes see Reaching Agreement - practical advice for communicating with your neighbour

See also