Part 5 General Commercial and Industrial Code
Note 1. Schedule 3 contains variations to this code.
Note 2. In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
Division 1 Specified development and development standards under this code
Subdivision 1 Building alterations (internal)
5.1 Specified complying development
An internal alteration to a building that is used as bulky goods premises, commercial premises, premises for light industry or a warehouse or distribution centre is development specified for this code.
5.2 Development standards—general
The standards specified for that development are that:(a) the current use of the premises must be a lawful use, and(b) the current use of the premises must not be an existing use within the meaning of section 106 of the Act, and(c) the alteration must not result in an increase in the gross floor area of any building within which it is carried out, and(d) the alteration must not involve the conversion of any area that is excluded from the measurement of gross floor area of the building (such as a basement, plant room, car parking space, loading space or void), and(e) if the alteration involves a loading dock, the alteration must not:(i) reduce the number or capacity of the trucks accommodated, or(ii) reduce the area for goods handling, or(iii) reduce the area for waste handling (including any recycling area), or(iv) reduce the manoeuvring area of the loading dock or access driveway, and(f) the alteration must not relate to the cooking of food at the premises by barbecue or charcoal methods, and(g) if the alteration involves food and drink premises, the alteration must be carried out in accordance with AS 4674—2004, Design, construction and fit out of food premises.(h) (Repealed)Note 1. If the alteration involves premises that are a food business within the meaning of the Food Act 2003, the premises must comply with the requirements under that Act.Note 2. If the alteration involves premises at which a skin penetration procedure is carried out within the meaning of the Public Health Act 1991, the premises must comply with the requirements under that Act, including the Guidelines on Skin Penetration (April 2008), published by the Department of Health.
5.3 Development standards—Building Code of Australia matters
The following standards are also specified for that development:(a) if the building that is being altered is subject to an alternative solution relating to a fire safety requirement, the alteration must be consistent with that alternative solution,(b) if the alteration involves an area of more than 500m2of bulky goods premises or commercial premises, or an area of more than 1000m2 of premises used for light industry or a warehouse or distribution centre, that area must:(i) comply with the requirements set out in DP2–DP5 of Volume 1 of the Building Code of Australia, and(ii) comply with the number of sanitary and other facilities set out in FP2.1, FP2.5 and FP2.6 of Volume 1 of the Building Code of Australia, and(iii) comply with the light and ventilation requirements set out in FP4.1–FP4.5 of Volume 1 of the Building Code of Australia,(c) if the building is a mixed use development that also contains a class 2, 3 or 4 portion, the altered area must be separated from the class 2, 3 or 4 portion by building elements that comply with the fire resistance performance requirements set out in CP2 and CP8 of Volume 1 of the Building Code of Australia.
Subdivision 2 Change of use of premises
5.4 Specified complying development
A change from a current use to a new use that is a change from:(a) a bulky goods premises to another bulky goods premises, or(b) a type of commercial premises to another type of commercial premises, or(c) a light industry to another light industry, or(d) a warehouse or distribution centre to another warehouse or distribution centre, or(e) a light industry to a warehouse or distribution centre, or(f) a warehouse or distribution centre to a light industry, or(g) a light industry to an ancillary office, or(h) a warehouse or distribution centre to an ancillary office,is development that is specified for this code.Note. See the entry for change of use of premises in the General Exempt Development Code.
5.5 Development standards—general
The standards specified for that development are that:(a) the current use must be a lawful use, and(b) the current use must not be an existing use within the meaning of section 106 of the Act, and(c) the new use must not be carried out at premises that are a manufactured home, moveable dwelling or associated structure, temporary structure, tent, swimming pool, ship or vessel, and(d) the new use must not be any of the following:(i) a funeral chapel,(ii) a funeral home,(iii) retail premises where firearms within the meaning of the Firearms Act 1996 are sold,(iv) landscape and garden supplies,(v) a market,(vi) a pub,(vii) restricted premises,(viii) a roadside stall,(ix) sex services premises,(x) timber and building supplies,(xi) vehicle sales or hire premises, and(e) the new use must not result in a change of building use under the Building Code of Australia that is any of the following:(i) from a class 5 or 6 building to a class 2, 3, 4, 7a, 7b, 8, 9a, 9b or 9c building,(ii) from a class 7b or 8 building to a class 2, 3, 4, 6, 7a, 9a, 9b or 9c building, and(f) a new use that is an ancillary office within premises that are a warehouse or distribution centre or are used for light industry must not occupy more than:(i) the maximum amount of gross floor area permitted for such an office in such a building under an environmental planning instrument applying to the land, or(ii) 20% of the gross floor area of the building in any other case, and(g) the new use must not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to hours of operation, car parking and landscaping, and(h) if there is no existing condition relating to hours of operation, the premises must not be operated outside the following hours:(i) if the new use is as bulky goods premises or commercial premises—7.00 am to 10.00 pm Monday to Saturday and 7.00 am to 8.00 pm on a Sunday or a public holiday,(ii) in any other case—7.00 am to 7.00 pm Monday to Saturday and the new use is not to be carried out at any time on a Sunday or a public holiday, and(i) if there is no existing condition relating to car parking, the new use must comply with any relevant requirements contained in an environmental planning instrument or a development control plan applying to the land relating to car parking.Note. The construction or installation of a driveway or hard stand space in relation to bulky goods premises, commercial premises, premises used for light industry or a warehouse or distribution centre is not exempt development or complying development under this Policy.
5.6 Development standards—Building Code of Australia matters
The following standards are also specified for that development:(a) if the change of use involves an area of more than 500m2 of bulky goods premises or commercial premises, or an area of more than 1000m2 of premises used for light industry or a warehouse or distribution centre, that area must:(i) comply with the requirements set out in DP2–DP5 of Volume 1 of the Building Code of Australia, and(ii) comply with the number of sanitary and other facilities set out in FP2.1, FP2.5 and FP2.6 of Volume 1 of the Building Code of Australia, and(iii) comply with the light and ventilation requirements set out in FP4.1–FP4.5 of Volume 1 of the Building Code of Australia,(b) if the building is a mixed use development that also contains a class 2, 3 or 4 portion, the area involved in the change of use must be separated from the class 2, 3 or 4 portion by building elements that comply with the fire resistance performance requirements set out in CP2 and CP8 of Volume 1 of the Building Code of Australia.Note. Pursuant to the requirement under the Act that a building must be suitable for occupation and use in accordance with its classification under the Building Code of Australia, a change of use may require building work to be carried out despite such work not being included in an application for a complying development certificate.
Subdivision 3 Mechanical ventilation systems
5.7 Specified complying development
The construction, installation or alteration of a mechanical ventilation system on a building that is used as bulky goods premises, commercial premises, premises for light industry or a warehouse or distribution centre is development specified for this code if it is not carried out in a heritage conservation area or a draft heritage conservation area or at premises located on bush fire prone land.
The standards specified for that development are that:(a) the development must be located at least 3.5m behind the building line from any lot boundary, and(b) the development must be designed so as not to emit noise exceeding an LAeq of 5 dB(A) above background noise when measured at any lot boundary, and(c) the development must be located not more than 1m above the ridge of a pitched roof or 3m above a flat roof, and(d) the development must not relate to the cooking of food at the premises by barbecue or charcoal methods.(e) (Repealed)Note. If the mechanical ventilation system is a regulated system in regulated premises within the meaning of the Public Health Act 1991, the system must comply with the requirements of that Act, including AS/NZS 3666.1:2002, Air-handling and water systems of buildings—Microbial control—Design, installation and commissioning.
Subdivision 4 Shop front and awning alterations
5.9 Specified complying development
An external alteration to, or the repair or replacement of, an existing shop front or awning on a building that is used as bulky goods premises or commercial premises is development specified for this code if it is not carried out in a heritage conservation area or a draft heritage conservation area.
The standards specified for that development are that:(a) the development must not result in an increase in the gross floor area of the building, and(b) the development must not reduce the area of the window or other clear glass of the shop front, and(c) the development must not reduce the level of transparency of the shop front, such as by using obscure glazing, and(d) the development must not reduce the existing level of access to the building for people with a disability.(e) (Repealed)Note. A structure on public land or on or over a public road requires the prior approval of the relevant authority under the Local Government Act 1993 or the Roads Act 1993, respectively.
Subdivision 5 Skylights and roof windows
5.11 Specified complying development
The construction or installation of a skylight or roof window on a building that is used as bulky goods premises, commercial premises, premises for light industry or a warehouse or distribution centre is development specified for this code, other than at premises located on bush fire prone land.
The standard specified for that development is that the development be constructed or installed so that any opening created is adequately weather proofed.
Division 2 Conditions applying to complying development certificate under this code
Note 1. Complying development must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Part.
Note 2. A contributions plan setting out the contribution requirements towards the provision or improvement of public amenities or public services may specify that an accredited certifier must, under section 94EC of the Act, impose a condition on a complying development certificate requiring the payment of a monetary contribution in accordance with that plan. Contributions may be imposed in respect of development on certain land under section 61 the City of Sydney Act 1988.
Subdivision 1 Conditions applying before works commence
5.13 Protection of adjoining areas
A hoarding or a temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or(b) could cause damage to adjoining lands by falling objects, or(c) involve the enclosure of a public place or part of a public place.Note. See the entry in the General Exempt Development Code for scaffolding, hoardings and temporary construction site fences.
(1) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.(2) Each toilet must:(a) be a standard flushing toilet connected to a public sewer, or(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or(c) be a temporary chemical closet approved under the Local Government Act 1993.
(1) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.(2) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.
Subdivision 2 Conditions applying during the works
Note. The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.
Construction that is audible in any dwelling on an adjoining lot may only be carried out between 7.00 am and 8.00 pm on Monday to Saturday.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
(1) Building materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.(2) Waste materials must be disposed of at a waste management facility.(3) The work site must be left clear of waste and debris at the completion of the works.
Subdivision 3 Construction requirements
If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.
5.20 Mechanical ventilation systems
If the complying development is a mechanical ventilation system that is a regulated system in regulated premises within the meaning of the Public Health Act 1991, the system must be notified as required by the Public Health (Microbial Control) Regulation 2000, before an occupation certificate (whether interim or final) for the complying development is issued.
If the complying development is a food business within the meaning of the Food Act 2003, the food business must be notified as required by that Act or licensed as required by the Food Regulation 2004, before an occupation certificate (whether interim or final) for the complying development is issued.
5.22 Premises where skin penetration procedures are carried out
If the complying development involves premises at which a skin penetration procedure within the meaning of the Public Health Act 1991 will be carried out, the premises must be notified as required under the Public Health (Skin Penetration) Regulation 2000 before an occupation certificate (whether interim or final) for the complying development is issued.