1 Name of policy
This policy may be cited as State Environmental Planning Policy No 22—Shops and Commercial Premises.
2 Definitions
In this policy, except in so far as the context or subject-matter otherwise indicates or requires:business zone means a zone within the meaning of an environmental planning instrument and identified in that instrument as being a business or commercial zone.commercial premises has the meaning ascribed to it in clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980., in relation to development, means the council of the area in which the development is to be carried out.shop has the meaning ascribed to it in clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980.
3 Aims, objectives etc
The aim of this policy is to permit within a business zone:(a) the change of use of a building lawfully used for a particular kind of commercial premises to another kind of commercial premises or to a shop, oreven though that change of use is prohibited under another environmental planning instrument, if(b) the change of use of a building lawfully used for a particular kind of shop to another kind of shop or to a commercial premises,(c) the consent authority is satisfied the change of use will not have more than a minor environmental effect and is in keeping with the objectives (if any) of the zone, and(d) development consent is obtained for the change of use from that consent authority.cl 3: Am 18.10.1991.
4 Land to which this policy applies
(1) Subject to this clause, this policy applies to the State.(2) Clause 6 (1) does not apply to land within Zone No 3 (f) or 3 (f–r) under Parramatta Local Environmental Plan 1989 (City Centre).(2A) Clause 6 (1) does not apply to land within Zone No 3 (b) or 3 (c) under Penrith Local Environmental Plan 1997 (Penrith City Centre).cl 4: Subst 21.7.1989. Am 28.11.1997.
5 Relationship with other environmental planning instruments
Subject to section 74 (1) of the Environmental Planning and Assessment Act 1979, in the event of an inconsistency between this policy and another environmental planning instrument, whether made before, on or after the day upon which this policy takes effect, this policy shall prevail to the extent of the inconsistency.
6 Change of use
(1) A person may, with the consent of the consent authority, change the use of a building in a business zone:(a) that is being lawfully used for a particular kind of commercial premises to another kind of commercial premises or to a shop, oreven though the proposed change of use is prohibited in that zone under another environmental planning instrument.(b) that is being lawfully used for a particular kind of shop to another kind of shop or to a commercial premises,(2) A consent authority shall not grant its consent to a proposed change of use pursuant to subclause (1) unless it is satisfied that the proposed change of use will not have more than a minor environmental effect and is in keeping with the objectives (if any) of the zone.(3) This Policy does not permit the use of a building as a brothel and, accordingly, a consent authority must not grant its consent to a proposed change of use as a brothel.This subclause extends to development applications made but not finally determined before the date of commencement of this subclause.cl 6: Am 18.10.1991; 30.7.1999.