New South Wales Consolidated Regulations

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

2.20B Development standards

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 106 of the Act, and

(c) the new use must be permissible in the land use zone in which it is carried out, and

(d) the new use must not result in a change of building use under the Building Code of Australia , 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) landscape and garden 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 section 51 of the Public Health Act 1991 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

(i) the new use must not cause the contravention of any existing condition of a development consent that applies to the premises relating to hours of operation, car parking, vehicular movement, traffic generation, landscaping or waste management.

Note: "Development consent" is defined in section 4 of the Act to include a complying development certificate.