Private and public planning: Implications for legal processes

The pnvate focus of restrictive covenants and public focus of planning schemes may result in a conflict causing land to be unable to be developed for any purpose. This article discusses primarily in regard to the Victorian and Queensland jurisdictions the approach taken by the legislature to deal with this conflict. This review indicates that in the resolution of the conflict the courts have tended to favour private over public interest. Any attempt to arm the court system with the ability to favour public over private interest must involve attention to requirements of notice and compensation while ensuring that the adjudicating body is well placed to make such an assessment.