Commerical, retail and industrial development is limited to specific zones within Council's jurisdiction. This is outlined in the Development Plan.
The term ‘development’ has a broad definition given to it by the Development Act 1993, and expressly includes a ‘change in the use of land’, which implies that when someone makes a change from one land use to another form of land use on a property then that person has undertaken ‘development’ within the meaning of the definition. Planning authorities are required to form an opinion as to whether a particular land use constitutes a change of land use or not. If it is of this view, then an approval is required before that use can be lawfully undertaken.
Any application lodged seeking approval will need to satisfy the zoning and relevant assessment criteria that are detailed in the Development Plan. When deciding whether to grant approval, Council will take into consideration a number of things including parking requirements, hours of operation, suitability of the premises for the proposed use and likely impacts on the surrounding environment.
Change of Land Use / Building Use
A development application will be required to be lodged when the occupant intends to change the land / building use on an allotment.
For example: Bill Jones previously occupied and operated 'garden and paving supply shop' in a shed within a light industrial zone. The garden and paving supply shop closed. Tim Smith wishes to convert the shed to rent out a 20 x self storage units commercial business. The zone of the property supports the new business venture, but the use of land has changed and requires a Development Application to be submitted, applying for a change of land use.
A development application for a change of land use is usually required if:
-
the proposal will replace a different land use on the subject land
-
the proposed use is additional to an existing use of the subject land and is not reasonably incidental to that use
-
the proposed use will follow a period of more than two years of non-use of the subject land (i.e. the land has been vacant for more than two years).
Development approval must be received before undertaking operations.
It is recommended that you contact our Development Services Department to discuss your proposed change of use and ensure you are aware of your obligations and requirements prior to purchasing the land and/or business.
Change of Land Zoning
To change the zone of a parcel of land requires the Development Plan to be amended.
Further Information
Further information on how to obtain approval to change a land or building use, please visit the link:
To obtain further information or to discuss your specific circumstances, please contact our office ph (08) 8828 1200 option 3.