Commercial property owners and tenants sometimes need to change the use of a property to fit a new business purpose.
This can include transforming a retail space into a café, an office into a medical clinic or a warehouse into a gym.
While the change may seem straightforward, it almost always requires council approval to ensure the new use aligns with zoning laws and complies with local planning controls.
What is a Change of Use for Commercial Properties?
A change of use occurs when a commercial property’s function is modified in a way that impacts how the space operates.
In planning terms, “use” defines how a building or site is legally permitted to function.
Each property falls under a specific zoning, and each zoning category permits certain types of business activities while restricting others.
For example, a property zoned for retail might not automatically allow food service or industrial operations without approval.
Why is Approval Required?
Approval for a change of use ensures the proposed activities are suitable for the area and won’t negatively impact nearby properties or infrastructure.
It also confirms that the property meets essential building and safety codes for the intended purpose.
Councils assess applications to verify that factors like noise, parking, waste management and hours of operation align with planning standards for the new use.
Steps Involved in Changing the Use of a Commercial Property
Review Zoning Regulations
Start by verifying the zoning regulations for the property in question.
Zoning laws outline what types of business activities are allowed, conditional, or prohibited for each property type. You can access this information through the local council’s Local Environmental Plan (LEP) or by consulting the NSW Planning Portal at https://www.planningportal.nsw.gov.au.
Pre-Lodgement Meeting with Council
Scheduling a pre-lodgement meeting with your local council can be highly beneficial if the proposed commercial usage has a level of complexity, but is generally not necessary.
During this meeting, council officers can provide feedback on your proposed change of use, highlight potential compliance issues and help clarify any additional requirements.
This proactive step may save time by addressing council concerns early in the process.
Prepare a Development Application (DA)
In most cases, changing the use of a commercial property requires submitting a Development Application (DA) to the council. The DA must include:
- Plans and Drawings: Detailed architectural plans that illustrate any modifications to the building’s layout.
- Statement of Environmental Effects: A report outlining how the new use will impact the surrounding area, including potential issues like noise, waste, and traffic.
- Compliance Documentation: Relevant reports, such as parking impact studies, accessibility plans or noise assessments, depending on the nature of the new use.
Submit the Application and Await Council Review
Once submitted, the DA goes through a formal assessment period. During this stage, council officers will review the application’s compliance with planning standards, zoning laws and safety requirements.
In some cases, the council may seek additional information or adjustments to the plans. Responding promptly to these requests can help keep the process on track.
Approval and Conditions of Use
If the council approves the DA, you’ll receive a list of conditions that must be followed. These conditions may cover aspects like business hours, signage, waste management and parking.
It’s essential to understand and adhere to these conditions, as failure to do so can result in penalties or revocation of the approval.
How Long Does the Change of Use Approval Process Take?
The time required for a change of use approval varies based on factors like council workload, project complexity, and the application’s completeness. Here’s a general timeline:
- Straightforward Applications: For simple changes of use that align closely with zoning requirements and don’t involve extensive alterations, approval may take between 40 to 60 days.
- Complex Applications: Applications requiring significant modifications, environmental impact assessments, or substantial parking or noise management plans can take longer, often extending to 3 to 6 months.
Common Challenges in the Approval Process
Changing the use of a commercial property can present some hurdles, especially if the new use diverges from the original zoning. Potential challenges include:
- Zoning Incompatibility: If the proposed use conflicts with current zoning, the application may require a planning proposal to change zoning or seek additional approvals, which can extend the timeline.
- Additional Documentation: Certain uses may trigger extra requirements, such as noise studies for a bar or parking assessments for a gym, adding both time and cost to the application.
- Public Notification and Objections: For more impactful changes, councils may notify nearby property owners or the public, allowing them to provide feedback or raise objections. Managing objections effectively is crucial to maintain the project timeline.
Changing the use of a commercial property in NSW involves careful planning and compliance with local zoning and planning laws.
While the process requires time and preparation, the right approach can help streamline the journey from application to approval.
ApproveAll Town Planning provides specialised support for change of use applications, ensuring your proposal meets council standards and stands the best chance for timely approval.
Contact us at projects@approveall.com.au or give us a call on (02) 8000 9150
