New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 2.6AB

2.6AB Development standards

The standards specified for the development are as follows--

(a) the premises must have existing kitchen facilities,

(b) the premises must not provide seating to take away customers,

(c) the relevant land use referred to in clause 2.6AA(a)-(e) must be--

(i) permitted without development consent, or

(ii) permitted by a current development consent,

(d) the ancillary use must comply with the provisions of an environmental planning instrument, and, if relevant, the conditions of the current development consent, applying to the premises,

(e) the ancillary use must not have an adverse impact on the amenity of the neighbourhood, including from noise, waste and fumes and other smells.

Note--: The preparation and retail sale of food or drink is also regulated under other legislation, including the following--

(a) the Food Act 2003 ,

(b) the Liquor Act 2007 .