Environmental Planning and Assessment Regulation 2000
Historical version for 10 December 2008 to 26 February 2009 (accessed 2 June 2020 at 07:01) Current version
Part 5 Clause 41
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, but only if that other use is a use that may be carried out with or without development consent under the Act, or
(e)  if it is a commercial use—be changed to another commercial use (including a commercial use that would otherwise be prohibited under the Act), or
(f)  if it is a light industrial use—be changed to another light industrial use or a commercial use (including a light industrial use or commercial use that would otherwise be prohibited under the Act).
(2)  However, an existing use must not be changed under subclause (1) (e) or (f) unless that change:
(a)  involves only alterations or additions that are minor in nature, and
(b)  does not involve an increase of more than 10% in the floor space of the premises associated with the existing use, and
(c)  does not involve the rebuilding of the premises associated with the existing use, and
(d)  does not involve a significant intensification of that existing use, and
(e)  relates only to premises that have a floor space of less than 1,000 square metres.
(3)  In this clause:
commercial use means the use of a building, work or land for the purpose of office premises, business premises or retail premises (as those terms are defined in the Standard Instrument (Local Environmental Plans) Order 2006).
light industrial use means the use of a building, work or land for the purpose of light industry (within the meaning of the Standard Instrument (Local Environmental Plans) Order 2006).