Moreton Bay Regional Council v Mekpine Pty Ltd

Moreton Bay Regional Council (the Council) and Mekpine Pty Ltd (Mekpine) were the parties in this proceeding before the High Court of Australia. The dispute concerned the Council's refusal to grant a development approval for a proposed material change of use for a property at 120-130 Old Bay Road, Burpengary, Queensland. Mekpine sought to establish a large-scale, high-density residential development, which the Council opposed on grounds including its perceived inconsistency with the planning scheme and its potential to create adverse impacts.

The central legal issue before the High Court was whether the Council had acted unlawfully in refusing the development application. Specifically, the Court was required to determine whether the Council's decision was affected by jurisdictional error, particularly in relation to its assessment of the development's compliance with the relevant planning scheme and its consideration of public interest factors. The appeal also raised questions about the proper interpretation and application of provisions within the *Planning Act 2016* (Qld) and the Council's planning scheme.

Kiefel and Keane JJ found that the Council's refusal of the development application was affected by jurisdictional error. Their Honours reasoned that the Council had misinterpreted and misapplied the provisions of its planning scheme, particularly concerning the assessment of the development's density and its compatibility with the surrounding area. The Court emphasised that a planning authority must properly consider and apply the relevant planning instruments and that a failure to do so can vitiate the decision. The principles of administrative law concerning jurisdictional error were central to their Honours' determination.

The High Court allowed the appeal, set aside the decision of the Court of Appeal of Queensland, and remitted the matter to the Planning and Environment Court for determination according to law.