New South Wales Consolidated Regulations

KIAMA LOCAL ENVIRONMENTAL PLAN 1996 - REG 23

23 General Business, Special Business (Heritage) and Neighbourhood Business Zones-Shops and Commercial Premises

(1) This clause applies to land within Zone No 3 (a), 3 (b) or 3 (c).

(2) Subject to subclause (4), where:

(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of a shop of a particular kind, and

(b) the building could not, but for this clause, be used for the purposes of a shop of another kind or for the purposes of commercial premises except with development consent being obtained for that use,

the building may, without the necessity for development consent being obtained, be used for the purposes of a shop of another kind or for the purposes of commercial premises.

(3) Subject to subclause (4), where:

(a) a building is lawfully used, or has been lawfully constructed to be used, for the purposes of commercial premises of a particular kind, and

(b) the building could not, but for this clause, be used for the purposes of commercial premises of another kind or for the purposes of a shop except with development consent being obtained for that use,

the building may, without the necessity for development consent being obtained, be used for the purposes of commercial premises of another kind or for the purposes of a shop.

(4) Subclauses (2) and (3) do not authorise the use of a building for the purposes of a shop or commercial premises in which:

(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b) a business to which section 578E of the Crimes Act 1900 applies is conducted.

(5) Where a building is used for the purpose of a shop or commercial premises in pursuance of this clause:

(a) the curtilage of the shop or commercial premises shall not be used for storage or display purposes, and

(b) the hours of operation of the shop or commercial premises shall not, in the case of a building used for the purposes of a shop or commercial premises immediately before the commencement of the use authorised by this clause, extend outside the hours during which the shop or commercial premises were so used at that time.

(6) Where, immediately before the commencement of a use of a building authorised by this clause, a condition relating to:

(a) the maintenance of landscaping, or

(b) the parking of vehicles, or

(c) the provision of space for the loading or unloading of goods or vehicles,

was imposed on the use of the building or the use of the land on which the building was erected, that condition applies to and in respect of the use of the building so authorised or the use of the land on which it is erected in the same way as it applies to and in respect of that former use.