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Contents (2000 - 557)
Environmental Planning and Assessment Regulation 2000
Current version for 1 October 2017 to date (accessed 20 November 2017 at 22:43)
Part 5
Part 5 Existing uses
39   Definitions
In 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
The object of this Part is to regulate existing uses under section 108 (1) of 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, 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.
(e)    (Repealed)
(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).
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 set out in the Standard Instrument (Local Environmental Plans) Order 2006).
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 and 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 and 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 and 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.
46A   (Repealed)