Red Hill resident Richard Leahy has won his dispute with Brisbane City after he sued over a towering billboard installation next to his house along Musgrave Road.
In 2018, Council approved the billboard installation spanning 11.3-metre high and 5.3-metre wide. The size of the installation essentially blocked Mr Leahy’s view of the skyline from his cottage home and, as a resident, he was not notified of this approval.
By 2020, a billboard was indeed erected on the site thus Mr Leahy, who is a litigation lawyer, took the matter to court.
Council, however, argued that Mr Leahy took time to object to the billboard installation when he sued the city in November 2021. However, the lawyer said he did ask for information on why this installation was approved but Council had no response. Apparently, the person responsible for the approval has since left the council job thus a statement could not be presented.
Supreme Court Justice Peter Davis sided with Mr Leahy and said that the billboard’s installation, which also encroached on a portion of the lawyer’s property, was illegal and had to be removed.
“Mr Leahy made attempts to ascertain the reasons for the decision. He is prejudiced by the decision. A huge, imposing sign sits next to one of the boundaries of his land. For reasons I later explain, Mr Leahy’s application for review has good merits,” Justice Davis said in the decision.
“The Council was obliged to afford Mr Leahy an opportunity to make submissions before granting the approval for the sign.
“The delegate failed to take into account the mandatory consideration as to the interruption of views from 51 Musgrave Road.”
“It is ordered that: The decision of the Council made on 18 December 2018 approving the construction of an electronic advertising billboard on 43 Musgrave Road, Red Hill be set aside.”
Mr Leahy’s court expenses will also be shouldered by Council. Reports stated that Council will appeal the decision. No further comments were given.