Blackmore Design Group Pty Ltd v Manly Council

Blackmore Design Group Pty Ltd, the applicant, sought to have a development application approved by Manly Council, the respondent, for residential accommodation within a local centre zone in Sydney. The applicant's proposal was challenged by the respondent on the basis that it did not comply with the Manly Local Environmental Plan 2013, which prohibits "shop top housing" within a local centre zone. The case before the Supreme Court of New South Wales was to determine whether the proposed development constituted "shop top housing" and to decide on the applicant's request to amend the development application.

The primary legal issue was whether the development application for residential accommodation could be characterised as "shop top housing" under the Manly Local Environmental Plan 2013, and if not, whether the applicant should be granted leave to amend the application. The Court had to interpret the zoning provisions and determine if the proposed development fell within the prohibited category of "shop top housing". Additionally, the Court had to consider the procedural fairness of allowing an amendment to the development application.

The Court found that the proposed development did not constitute "shop top housing" and therefore did not fall within the prohibited category under the Manly Local Environmental Plan 2013. Consequently, the Court granted the applicant leave to amend the development application by relying on the amended plans. The Court also ruled that the applicant must pay the respondent's costs related to the motion for leave to amend and any costs incurred by the respondent as a result of the amendment. The exhibits were ordered to be returned to the applicant.