New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 5.3

5.3 Specified complying development

(1) A change of use from a current use specified in a category in Column 1 of the Table to this clause to a use specified in the corresponding category in Column 2 of that Table is development specified for this code.

Table

Column 1 Current use	Column 2 New use
Category 1	Category 1
specialised retail premises	landscaping material supplies
landscaping material supplies	hardware and building supplies
hardware and building supplies	vehicle sales or hire premises
vehicle sales or hire premises	garden centre
garden centre	plant nursery
plant nursery	rural supplies
rural supplies	self-storage units
timber yard	timber yard
warehouse or distribution centre (other than local distribution premises)	warehouse or distribution centre (other than local distribution premises)
	neighbourhood shop
	kiosk
	wholesale supplies
	business premises
	office premises
	light industry (other than artisan food and drink industry)
	general industry
	packaging industry
	industrial retail outlet
Category 2	Category 2
business premises	medical centre
office premises	shop
shop	food and drink premises
food and drink premises	kiosk
kiosk	business premises
medical centre	office premises
veterinary hospital
tertiary institution	tertiary institution
Category 3	Category 3
general industry	neighbourhood shop
light industry (other than artisan food and drink industry)	kiosk
packaging industry	industrial retail outlet
industrial retail outlet	warehouse or storage distribution centre
	self-storage units
	general industry
	light industry (other than artisan food and drink industry)
	packaging industry
	business premises
	office premises
Category 4	Category 4
self-storage units	neighbourhood shop
	kiosk
	light industry (other than artisan food and drink industry)
	general industry
	packaging industry
	industrial retail outlet
Category 5	Category 5
entertainment facilities	amusement centre
	shop
	food and drink premises
	kiosk
Category 6	Category 6
amusement centre	shop
function centre	food and drink premises
registered club	kiosk
Category 7	Category 7
wholesale supplies	neighbourhood shop
	kiosk
	industrial retail outlet
	warehouse or distribution centre (other than local distribution premises)
	rural supplies
Category 8	Category 8
service station	manual collection point

Note : Clause 1.18(1)(b) requires the new use to be permissible, with consent, in the land use zone in which it is carried out. In addition, certain types of uses are subject to a maximum floor area to be permissible development in a particular zone under the relevant planning instrument, such as in clause 5.4 of a local environmental plan that is a Standard Instrument. In those cases, the maximum floor area requirement for that use must be complied with for a change of use to be complying development.

(2) If development specified in subclause (1) is to be provided with water supply or sewerage services (or both) by a water utility, to be complying development the applicant must obtain a notice or other form of written advice that specifies the works or other requirements to be completed as part of the development from the relevant water utility or an entity authorised to provide such a notice or advice by the utility.

(3) For a change of use under this clause from a service station to a manual collection point to be complying development, the land on which the development is to be carried out must be the subject of a site audit statement prepared by a site auditor under the Contaminated Land Management Act 1997 specifying that the land is suitable for use as a manual collection point without any remediation works.

(4) Despite subclause (1), a change in use from a tertiary institution or to a tertiary institution, as specified in category 2 in Columns 1 and 2 of the Table to this clause, is development specified for this code only if the gross floor area of the premises does not exceed 2,000m 2.