When planning to change the use of a commercial property in New South Wales (NSW), understanding the parking requirements is vital for compliance with local regulations.
Parking provisions can significantly influence the approval process of your Development Application (DA) or Complying Development Certificate (CDC).
Understanding Change of Use
A change of use refers to altering the function of an existing building or premises to a different purpose, such as converting an office space into a cafe.
This change often necessitates a review of parking requirements to accommodate the new use’s demands.
Key Factors Influencing Parking Requirements
- Local Environmental Plans (LEPs) and Development Control Plans (DCPs): Each council in NSW has its own LEP and DCP, outlining specific parking standards for various land uses. These documents specify the number of parking spaces required per unit area or per number of patrons. For instance, a DCP might require one parking space per 30 square metres of floor area for retail premises.
- Existing Parking Provisions: If the current use of the property already meets or exceeds the parking requirements for the proposed new use, additional parking may not be necessary. However, if the new use demands more parking, you may need to provide additional spaces or seek a variation.
- Proximity to Public Transport: Properties located near public transport hubs may have reduced parking requirements. Some councils offer concessions in parking provisions for developments within certain distances from train stations or bus stops to encourage the use of public transport.
- Site Constraints: Physical limitations of the site, such as size or access issues, can affect the feasibility of providing additional parking. In such cases, councils may consider alternative solutions or contributions to public parking facilities.
Complying Development and Parking
Under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP), certain changes of use can be approved as complying development, provided they meet specific criteria.
Regarding parking, the Codes SEPP stipulates:
- If the building or premises is located in zones E1, E2, MU1, SP1, SP3, SP5, or W4, was built before 1 February 2022, and has a floor area of less than 500 square metres, there is no requirement to provide additional car parking.
- If these conditions are not met, parking must be provided in accordance with the rates specified in the relevant LEP or DCP.
Steps to Determine Parking Requirements for Your Project
- Consult Local Planning Instruments: Review your council’s LEP and DCP to understand the parking rates applicable to your proposed use. These documents are typically available on the council’s website or by contacting the planning department.
- Assess Existing Parking Provisions: Evaluate the current parking situation on your property to determine if it meets the requirements for the new use. Consider both on-site parking and any agreements for off-site parking.
- Engage with Council Planners: Early consultation with council planners can provide clarity on parking expectations and any potential concessions or requirements specific to your project.
- Consider Professional Advice: Engaging a town planner or architect experienced in local regulations can help navigate complex parking requirements and propose solutions that align with council policies.
For expert guidance on your commercial change of use application, including assistance with parking requirements, ApproveAll Town Planning offers comprehensive services to help you achieve compliance and success in your development projects.
Contact us at projects@approveall.com.au or give us a call on (02) 8000 9150
