Richard Leahy fought Brisbane city council all the way to the high court – and the case could prove to be a bellwether
suburb of Red Hill is a tin and timber house described, even by its owner, as a modest little cottage. It is an unlikely ground zero for a legal stoush whose outcome will shake councils around the country.
Queensland’s supreme court agreed with Leahy after he sued for being denied procedural fairness in September 2022. So did the appeal court in June after the council disputed the decision. First is the location. Red Hill is a neighbourhood in which zoning restricts what landowners can do to their properties in a bid to protect its “uniquely Brisbane” character. This sacrifice of property rights is one Johnson says most are happy to make.
“We do have ongoing issues around consultation in areas that are facing dramatic change from development,” she says.
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