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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Historical version for 19 November 2014 to 31 December 2014 (accessed 8 April 2020 at 19:02) Current version
5.2   Development standards
(1)  The standards specified for that development are as follows:
(a)  the current use of the premises must be a lawful use,
(b)  the current use of the premises must not be an existing use within the meaning of section 106 of the Act,
(c)  the alteration must not result in an increase in the gross floor area of any building within which it is carried out, except if the increase is required for the alteration to comply with the Premises Standards,
(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),
(e)  if the alteration is to a building used for the purposes of an entertainment venue (such as a cinema, theatre, hall or auditorium) in a registered club or used as an entertainment facility, the alteration must not increase the floor area used for those purposes,
(f)  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,
(g)  the alteration must not relate to the cooking of food at the premises by barbecue or charcoal methods,
(h)  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.
(i)    (Repealed)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, within the meaning of the Public Health Act 2010, is carried out, the premises must comply with the requirements under that Act, and Part 4 of the Public Health Regulation 2012.
(2)  The following requirements of the Building Code of Australia are also standards 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 commercial premises, or an area of more than 1,000m2 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.