Jensen & Ors v Brisbane City Council

Jensen and others (the appellants) brought proceedings against the Brisbane City Council (the respondent) in the Supreme Court of Queensland. The dispute concerned the respondent's decision to approve a development application for a material change of use for a property located at 100-106 Boundary Road, Bardon, Queensland. The appellants, who were owners of neighbouring properties, sought to challenge this approval.

The primary legal issue before the High Court of Australia was whether the appellants had standing to appeal the decision of the Planning and Environment Court of Queensland, which had affirmed the respondent's approval of the development application. Specifically, the court had to determine if the appellants, as owners of neighbouring properties, were "affected persons" within the meaning of the relevant planning legislation, thereby entitling them to appeal the decision.

The High Court considered the principles of standing in planning appeals, particularly in the context of the *Judicial Review Act 1991* (Qld) and the *Planning Act 2016* (Qld). Their Honours examined the nature of the appellants' objections and the potential impact of the development on their properties. The court ultimately held that the appellants had not demonstrated that they were "affected persons" in a way that conferred standing to appeal. The reasoning focused on the specific criteria for being an affected person under the legislation, which requires a direct and substantial interest in the decision beyond that of the general public.

The High Court dismissed the appeal, upholding the decision of the Court of Appeal of Queensland.