Mann and City Of Rockingham

Mann and the City of Rockingham was a case before the court, where Mann sought to have an order set aside that was issued by the City under section 10(2) of the Town Planning and Development Act 1928 (WA). Mann operated an approved adult shop but had commenced an additional use of private dance booths. This additional use had not been mentioned in the original approval for the shop, nor was it classified as a "restricted premises" use in the Town Planning Scheme No. 1. The City of Rockingham argued that an application for approval was necessary for the additional use.

The primary legal issue before the court was whether the use of private dance booths constituted an extension of the approved use of the adult shop. The court had to determine whether the use was permissible under the existing approval or if it required a new application for approval. A secondary issue was whether the additional use could be considered a restricted premises use, which would have necessitated further scrutiny and compliance with the Town Planning Scheme No. 1.

In its decision, the court held that the use of private dance booths was not an extension of the approved use for the adult shop. The court found that this additional use required a separate application for approval, as it was not mentioned in the original approval and did not fall under the permitted uses outlined in the Town Planning Scheme No. 1. The court dismissed Mann's application to have the order set aside, affirming that the City of Rockingham had correctly issued the order under section 10(2) of the Act.

The court's dismissal of the application confirmed that any new use not specified in the original approval needed explicit approval. The final orders were that the application to have the order set aside by the City of Rockingham was dismissed, thereby upholding the requirement for Mann to seek approval for the additional use of private dance booths.