New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 5.2

5.2 Development standards-general

The standards specified for that development are that:

(a) the current use of the premises must be a lawful use, and

(b) the current use of the premises must not be an existing use within the meaning of section 106 of the Act, and

(c) the alteration must not result in an increase in the gross floor area of any building within which it is carried out, and

(d) the alteration must not involve the conversion of any area that is excluded from the measurement of gross floor area of the building (such as a basement, plant room, car parking space, loading space or void), and

(e) if the alteration involves a loading dock, the alteration must not:

(i) reduce the number or capacity of the trucks accommodated, or

(ii) reduce the area for goods handling, or

(iii) reduce the area for waste handling (including any recycling area), or

(iv) reduce the manoeuvring area of the loading dock or access driveway, and

(f) the alteration must not relate to the cooking of food at the premises by barbecue or charcoal methods, and

(g) if the alteration involves food and drink premises, the alteration must be carried out in accordance with AS 4674-2004, Design, construction and fit out of food premises .

Note: If the alteration involves premises that are a "food business" within the meaning of the Food Act 2003 , the premises must comply with the requirements under that Act.

Note: If the alteration involves premises at which a "skin penetration procedure" is carried out within the meaning of the Public Health Act 1991 , the premises must comply with the requirements under that Act, including the Guidelines on Skin Penetration (April 2008), published by the Department of Health.