Council’s embarrassing court defeat over behemoth billboard approval

A Brisbane lawyer has won a David and Goliath battle against the Brisbane City Council after it approved the construction of a behemoth 11-metre high billboard outside his home without warning.

The city view without the billboard obstruction. Picture: Liam Kidston

A Brisbane lawyer has won a David and Goliath battle against the Brisbane City Council after it approved the construction of a behemoth 11-metre high billboard outside his home without warning.

City views from experienced litigation solicitor Richard Leahy’s Red Hill property were blocked by the enormous digital billboard erected on Musgrave Road in mid-2020.

Mr Leahy was blindsided by the billboard’s construction, with the council giving him no chance to object to or make submissions about the impact of the structure which stands 5.3m wide and 11.3m high.

The massive electronic billboard located on Musgrave Road blocking views of the city. Picture: Liam Kidston

The Brisbane Supreme Court last year found the council had failed to afford Mr Leahy procedural fairness and failed to take into account mandatory considerations including the interruption of views from neighbouring properties.

The court found in favour of Mr Leahy, ordering the council set aside its approval of the billboard construction and that the approval be remitted for further consideration.

But the council refused to concede defeat, instead lodging an appeal against that decision in the Court of Appeal.

But the state’s highest court has this week dismissed the appeal, upholding the Supreme Court’s decision and ordering the council to pay Mr Leahy’s costs.

The massive electronic billboard located on Musgrave Road blocking views of the city. Picture: Liam Kidston

The appeal judges noted that in considering the approval, the council had access to an expert report that “specifically identified” Mr Leahy’s property as neighbouring the proposed billboard and that the sign would obstruct the views from his premises.

“Advertisements should respect the amenity of other property owners and not obscure, dominate or overcrowd the views of existing or prospective development on neighbouring properties,” the judges wrote.

The digital billboard, which takes up more than 42 square metres, is still in situ on Musgrave Road this week.

It advertises companies including Qantas, Royal Caribbean and Great Northern beer.

The Courier-Mail asked the council whether the approval application for the billboard had been reconsidered in light of the two court decisions and if not, when that would happen.

A council spokesperson responded: “A court decision was delivered on 20 June 2023. Brisbane City Council will consider the judgment.”