There has been a UK High Court case determined on 8-July-2025 where significant monetary compensation was awarded to unit owners whose units had natural sunlight blocked by a nearby building.

On 31-August-2025 one of our members alerted The City of Moreton Bay Mayor of the judgement. That letter to the Mayor is shown below:-

Dear Mayor,
Re: DA/2024/4695
Council Planning Scheme

The Council has acknowledged that their Planning Scheme is a legal document. This is evident within their publication “MBRC Town Planning Fact Sheet” as shown here:-

The Planning Scheme is composed of several documents/instruments. This is as outlined in the Planning Act 2016, section-8. Section 8(3)(c) identifies a Planning Scheme Policy (PSP) document as a planning instrument. As such, a PSP document is an intrinsic component of the legal planning scheme document.

It is not appropriate to consider a Planning Scheme instrument only a guide.

Council planning officers have on several occasions claimed that the PSP-Residential Design is only a guide. This claim is groundless as there is no provision within the Planning Act 2016 for a planning instrument to be a guide. It may give examples, but is not a guide. A PSP constitutes a valid component of the planning scheme.

Claims made within the PSP-Residential Design instrument that it is a guide have no legal basis and are simply “noise”.

Height Constraints

There are two applicable constraints on the building height for the property at 25 Marine Parade Redcliffe, the target location of DA/2024/4695.

1. There is the maximum building height for properties in the vicinity of the target lot. That is the maximum building height Overlay , part of the overall planning scheme and the overlay dictates a maximum height of 27 metres.
2. The second height constraint is documented in the legal planning instrument PSP-Residential Design. That instrument specifies the building form for the target location, based upon its Neighbourhood Precinct, the Road Hierarchy and the property Primary Frontage Width. That height constraint is specified as no building on the target property can be more than three storeys.

Each of the above height constraints exist within the legal documents that make up the planning scheme and each has effect.

However, the Council has given permission for the construction of a seven storey building where there is a legal constraint that it be no more than three storeys. The granting of a permit for a seven storey building at a location where a three storey building is the documented maximum creates a serious liability for Council. This permission was granted despite many forewarnings presented to the Planning Department during the assessment process.

The approval is seen as an egregious and wrongful application of delegated authority and may have dire consequences for Council if the permit is allowed to stand. There are 33 neighbouring properties that are adversely affected by the improper approval.

Legal Precedent

I would bring the Council’s attention to a not dissimilar recent case where significant compensation was awarded to disaffected property owners.

In a recent case in the United Kingdom High Court (Cooper vs Ludgate House Ltd, Neutral Citation Number: [2025] EWHC 1724 (Ch)), on the 8 th July 2025 a judge awarded significant compensation to the Claimants. Here is that High Court award:-

384. Taking all these matters into account, I consider that sums that would reasonably have been negotiated and agreed in 2019 to compensate the Claimants for their rights of light are £500,000 for the Powells and £350,000 for Mr Cooper. These are the damages that I will award in lieu of granting injunctive relief.

Our group members feel strongly that we have been wronged by the non-conforming Council approval and we are keen have the permit rescinded or to be compensated.

I see it in Council’s best interest to urgently conduct a full review of the delegated approval permit granted in the matter of the DA/2024/4695.

Use the Download Button here to get a copy of the Compensation Case Decision..