Change of Use Development Application

In the planning system of New South Wales, approvals aren't just needed for new constructions, but also for modifications in the "use" and fitout of existing structures. Typically, this is taken care of during the approval process for a new building. However, when there's an alteration in the building's use, it may warrant additional approval - a process commonly known as a "change of use".

Some instances of changes of use might include:

• Conversion from an office space to a recreational facility

• Conversion from a warehouse space to a retail store

• Conversion from a residential house to cafe

The potential changes of use are quite extensive, given the numerous land use classifications found in a standard Council LEP.

Any interior fitout modifications may also necessitate approval, provided they don't satisfy the criteria for exempt or complying development as per the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008. Additionally, new signage may require approval.

Under the SEPP, a broad spectrum of changes of use are classified as exempt development. Such changes include transitions between retail stores and offices, hardware/building supplies and landscaping, and light industry/warehousing. Compliance with existing consent conditions is obligatory, and certain uses, like funeral homes and firearms stores, are excluded.

A more extensive list of changes of use is considered complying development under the SEPP, which implies they can be certified by a private certifier, bypassing the need for Council intervention. Non-exempt category examples include food and drink establishments, medical centres, and general industry. Several standards must be met for complying development, including requirements relating to parking and conditions of the existing development consent.

For developments or sites that can't satisfy the criteria for exempt or complying development, the most probable course of action is to submit a Development Application to the Council. The majority of Councils provide checklists detailing the kind of information needed for a change of use application.

Contact us for any help you might need relating to your Change of Use application.