New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 5.5

Specified development

5.5 Specified development

(1) The first use of a part of a building that is a Class 5, 6, 7b or 8 building is development specified for this code if the use is not for any of the following--
(a) a funeral home,
(b) sex services premises,
(c) restricted premises,
(d) retail premises where firearms within the meaning of the Firearms Act 1996 are sold,
(e) a roadside stall,
(f) a market,
(g) food and drink premises with the capacity for more than 50 seats, other than premises where the seating is provided within a common food court or food hall,
(h) a pub,
(i) a small bar,
(j) an entertainment facility,
(k) a registered club,
(l) a tertiary institution,
(m) an artisan food and drink industry,
(n) local distribution premises.
Note : The term
"pub" is defined in the Standard Instrument as meaning licensed premises under the Liquor Act 2007 , the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
(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.



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