Changing the use of a building may not need planning permission if it meets the requirements as an exempt development.
What is Exempt Development?
Exempt development refers to minor works or changes in building use that do not require a formal development application.
These changes must adhere to the strict guidelines outlined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 to qualify.
This pathway is particularly useful for property owners and developers seeking to modify commercial properties without the time and cost associated with a DA lodgement or securing council approval for business.
Understanding whether your project qualifies as exempt development is the key to unlocking this streamlined process.
Categories of Exempt Changes of Use
To qualify as exempt development, changes in the use of a building must fall within specific predefined categories. These categories apply to a range of existing and proposed uses, ensuring compatibility and minimal impact.
Category 1: Office and Business Uses
Existing Uses: Business premises, office premises, shops, or public administration buildings.
Proposed Uses: Business premises, office premises, shops, kiosks, or public administration buildings.
Category 2: Material Supplies and Garden Centres
Existing Uses: Landscaping material supplies, hardware and building supplies, garden centres, plant nurseries, rural supplies, timber yards, or vehicle sales or hire premises.
Proposed Uses: Landscaping material supplies, hardware and building supplies, garden centres, plant nurseries, rural supplies, or timber yards.
Category 3: Industrial and Storage Uses
Existing Uses: General industry, light industry (excluding artisan food and drink industries), packaging industry, warehouses or distribution centres (excluding local distribution premises), or wholesale supplies.
Proposed Uses: Light industry (excluding artisan food and drink industries), packaging industry, warehouses or distribution centres (excluding local distribution premises), wholesale supplies, or self-storage premises.
Retail Shop Changes: A Special Consideration
When it comes to retail shops, a change from one type of retail shop to another is classified as a change of tenant, not a change of use.
This distinction is significant because it means that planning approval is not required for tenant changes, further simplifying the process for property owners and developers.
Exempt Minor Building Works
In addition to changes in use, certain minor building works associated with a project may also qualify as exempt development. Examples include:
Installing workstations
Re-carpeting or repainting
Updating lighting fixtures
Upgrading sanitary facilities
These modifications are often essential to improving functionality or updating the appearance of a space and can be carried out without formal planning approval if they meet the relevant guidelines.
Conditions for Compliance
To qualify as exempt development, all proposed changes must strictly adhere to the regulations outlined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Non-compliance with these regulations can lead to penalties, delays, or the need for retroactive approvals.
This is where professional guidance becomes invaluable. Understanding the specific conditions and applying them correctly requires expertise, particularly when dealing with complex categories or borderline cases.
How StraightLine Planning Can Help
At StraightLine Planning, we specialise in interpreting planning guidelines and assisting property owners and developers in determining whether their projects qualify as exempt development.
As a trusted town planner in NSW, we provide expert advice to ensure compliance, helping you avoid costly delays and unnecessary planning applications.
Our role includes:
Reviewing your project to determine its eligibility for exempt development status.
Interpreting the State Environmental Planning Policy and applying it to your specific case.
Offering strategic advice to streamline commercial property modifications without formal approvals.
By partnering with StraightLine Planning, you can confidently navigate the planning process, saving time and resources while achieving your development objectives.
Whether you’re looking to make minor modifications or undertake a commercial change of use approval, we’re here to help you every step of the way.
Take the Next Step
Exempt development offers a valuable opportunity to streamline the planning process, but it requires a thorough understanding of the rules and conditions.
StraightLine Planning’s expert team ensures your project meets all requirements, eliminating guesswork and setting you on the path to success.
Contact us today to find out how we can help you leverage exempt development for your next project.
Comments