Environmental Planning and Assessment Regulation 2000
Historical version for 27 March 2009 to 30 April 2009 (accessed 6 August 2020 at 06:12) Current version
Part 6 Division 8 Clause 94
94   Consent authority may require buildings to be upgraded
(cf clause 66B of EP&A Regulation 1994)
(1)  This clause applies to a development application for development involving the rebuilding, alteration, enlargement or extension of an existing building where:
(a)  the proposed building work, together with any other building work completed or authorised within the previous 3 years, represents more than half the total volume of the building, as it was before any such work was commenced, measured over its roof and external walls, or
(b)  the measures contained in the building are inadequate:
(i)  to protect persons using the building, and to facilitate their egress from the building, in the event of fire, or
(ii)  to restrict the spread of fire from the building to other buildings nearby, or
(c)  the development also involves the use of the building as a place of public entertainment.
(2)  In determining a development application to which this clause applies, a consent authority is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.
(2A)  If the development involves the use of a building as a place of public entertainment, consent must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 3 fire safety provisions as are applicable to the building’s proposed use as a place of public entertainment.
(2B)  Subclause (2A) does not apply to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4).
(3)  The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.