New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 2.20B

2.20B Development standards

(1) The standards specified for that development are that--

(a) the current use must be a lawful use, and

(b) the current use must not be an existing use within the meaning of section 4.65 of the Act, and

(c) the new use must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out, and

(d) the new use must not result in a change of building classification under the Building Code of Australia , unless the change of use is from a class 5 building to a class 6 building, or from a class 6 building to a class 5 building, and the building meets all the relevant provisions of that code for the new use, and

(e) the new use must not be carried out at premises that are a manufactured home, moveable dwelling or associated structure, temporary structure, tent, swimming pool, ship or vessel, and

(f) the new use must not be any of the following--

(i) food and drink premises,

(ii) a funeral chapel,

(iii) a funeral home,

(iv) retail premises where firearms within the meaning of the Firearms Act 1996 are sold,

(v) landscaping material supplies,

(vi) a market,

(vii) premises that are a beauty salon or hair dressing salon,

(viii) premises where a skin penetration procedure within the meaning of the Public Health Act 2010 is carried out,

(ix) restricted premises,

(x) a roadside stall,

(xi) sex services premises,

(xii) vehicle sales or hire premises, and

(g) the new use must not involve building alterations, other than alterations that are exempt development under this Policy, and

(h) the new use must not result in an increase in the gross floor area of any building within which it is carried out, and

(k) the new use must not be carried out under an awning unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2.

Note : Certain types of uses are subject to a maximum floor area to be permissible development in a particular zone under the relevant environmental planning instrument. In those cases, the maximum floor area requirement for that use must be complied with for a change of use to be exempt development.

(2) It is also a development standard that the new use must not cause the contravention of an existing condition of the most recent development consent that applies to the premises relating to noise, car parking, vehicular movement, traffic generation, loading, waste management and landscaping.

(3) It is also a development standard for development not in Zone E1, E2, E3, MU1, B1, B2, B3, B4, B5, B6, B7, B8, IN4, SP1, SP2, SP3, SP5 or W4 that--

(a) the new use must not cause the contravention of an existing condition of the most recent development consent that applies to the premises relating to hours of operation, or

(b) if there is no existing condition that applies to the premises relating to hours of operation--the premises must only operate between 7am-7pm.

(4) The following are also development standards for a change of use referred to in clause 2.20A, Table, Category 5--

(a) the premises must have a floor area of no more than 300m 2,

(b) the maximum number of persons permitted in the new use is 1 person per square metre of floor area,

(c) a sign must be displayed in a prominent position of the new use stating the maximum number of persons,

(d) if the current use is a shop, the new use must not be licensed premises within the meaning of the Liquor Act 2007 ,

(e) the new use must comply with Environmental Planning and Assessment Regulation 2021 , section 72 as if the new use were an entertainment venue subject to a development consent.