Environmental Planning and Assessment Regulation 2000
Historical version for 21 February 2003 to 24 June 2003 (accessed 9 August 2020 at 01:19) Current version
Part 5
Part 5 Existing uses
39   Definitions
In this Part:
changed existing use means a use to which an existing use is changed in accordance with this Part.
relevant date means:
(a)  in relation to an existing use referred to in section 106 (a) of the Act—the date on which an environmental planning instrument having the effect of prohibiting the existing use first comes into force, or
(b)  in relation to an existing use referred to in section 106 (b) of the Act—the date when the building, work or land being used for the existing use was first erected, carried out or so used.
40   Object of Part
(cf clause 38 of EP&A Regulation 1994)
The object of this Part is to regulate existing uses under section 108 (1) of the Act.
Note.
 By section 108 (2) of the Act, the provisions of this Part are the incorporated provisions and so are taken to be incorporated in every environmental planning instrument in force under the Act.
41   Certain development allowed
(cf clause 39 of EP&A Regulation 1994)
(1)  An existing use may, subject to this Division:
(a)  be enlarged, expanded or intensified, or
(b)  be altered or extended, or
(c)  be rebuilt, or
(d)  be changed to another use, including a use that would otherwise be prohibited under the Act.
(2)  A use to which an existing use is changed is itself taken to be an existing use for the purposes of the Act and may, subject to this Division, be changed to another use.
42   Development consent required for enlargement, expansion and intensification of existing uses
(cf clause 40 of EP&A Regulation 1994)
(1)  Development consent is required for any enlargement, expansion or intensification of an existing use.
(2)  The enlargement, expansion or intensification:
(a)  must be for the existing use, or for a changed existing use, but for no other use, and
(b)  must be carried out only on the land on which the existing use was carried out immediately before the relevant date.
43   Development consent required for alteration or extension of buildings and works
(cf clause 41 of EP&A Regulation 1994)
(1)  Development consent is required for any alteration or extension of a building or work used for an existing use.
(2)  The alteration or extension:
(a)  must be for the existing use of the building or work, or for a changed existing use, but for no other use, and
(b)  must be erected or carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.
44   Development consent required for rebuilding of buildings and works
(cf clause 42 of EP&A Regulation 1994)
(1)  Development consent is required for any rebuilding of a building or work used for an existing use.
(2)  The rebuilding:
(a)  must be for the existing use of the building or work, or for a changed existing use, but for no other use, and
(b)  must be carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.
45   Development consent required for changes of existing uses
(cf clause 43 of EP&A Regulation 1994)
Development consent is required:
(a)  for any change of an existing use to another use, and
(b)  in the case of a building, work or land that is used for different existing uses, for any change in the proportions in which the various parts of the building, work or land are used for those purposes.
46   Uses may be changed at the same time as they are altered, extended, enlarged or rebuilt
(cf clause 44 of EP&A Regulation 1994)
Nothing in this Part prevents the granting of a development consent referred to in clause 42, 43 or 44 at the same time as the granting of a development consent referred to in clause 45.