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Planning and Environmental Disputes

Planning and environmental disputes may involve issues between two private properties or may involve a whole community.

Common disputes may include:

• proposed new developments considered not in keeping with the area
• construction works deemed undesirable (for example, they may disrupt views, affect privacy, impact upon lifestyles, put pressure on scarce local resources or endanger habitats for native animals)
• extensions or changes to existing developments that may put pressure on existing facilities
• location of amenities, such as parks with no toilets or houses with no access to transport
• general planning issues such as management of parks, zoning problems, policies to encourage or discourage tourism, or acceptable land uses
• air pollution or contamination of water supplies or drains with industrial or farm waste.

The following information is not legal advice and has been included to help you start thinking about the issues involved.

Dealing with planning and environmental disputes

Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. The Dispute Settlement Centre provides a free service and can offer advice and tips for dealing with matters yourself. The Centre also provides neutral, objective mediators to help you resolve disputes of any size or complexity.

The 'disputeinfo' website has step-by-step advice about common dispute situations and practical solutions.

Who else can help?

VCAT is a decision-making body that can review certain decisions made by State Government and Local Government.

Your local council can help with information about local planning and environmental by-laws.

The Environment Protection Authority has information on rules governing the environment and pollution.

If you are considering taking legal action we recommend you seek independent legal advice. Contact any of the following:

• Victoria Legal Aid
• Community Legal Centre
• the Law Institute of Victoria.