What is a Change of Use in NSW Planning?

Change of Use Approval in NSW: What You Need to Know

A change of use is one of the most common DA types in NSW, and also one of the most misunderstood. Many business owners assume that if the physical fit-out of a premises looks suitable for their intended use, no planning approval is needed. This is rarely the case.

In short: A change of use occurs when a premises is proposed to be used for a purpose that is different to its current approved use. In most cases, a DA is required.

What Triggers a Change of Use?

A change of use is triggered whenever the land use category of a premises changes. This includes:

• A retail shop becoming a food and drink premises (cafe or restaurant)

• A warehouse becoming a place of public worship

• A commercial office becoming health consulting rooms

• A shop becoming a beauty salon or nail bar

• An industrial unit becoming a gym or fitness studio

Even if no physical building works are proposed, the change in land use itself requires development consent.

Why Does the Land Use Category Matter?

Each land use category attracts different planning controls including:

• Car parking rates: Food premises require more spaces per sqm than retail or office uses

• Amenity requirements: Some uses (childcare, health services) have specific design and acoustic standards

• Hours of operation: Late-night uses may require noise management or be restricted in certain zones

• Zone permissibility: Not every use is permitted in every zone

Step-by-Step: Change of Use Approval Process

1. Identify the current approved use of the premises (check the existing consent or contact council).

2. Confirm the intended new use and determine the correct land use classification under the LEP.

3. Check whether the new use is permissible in the applicable zone.

4. Assess the DCP requirements for the new use, particularly car parking, access and amenity.

5. Prepare a Statement of Environmental Effects addressing permissibility and impacts.

6. Lodge the DA through the NSW Planning Portal.

7. Await determination, respond to any RFAI and comply with conditions of consent.

Real-World Examples

Example 1: Retail shop to cafe

A clothing shop in a B2 Local Centre zone is proposed to become a cafe. Retail is permissible with consent. Food and drink premises are also permissible with consent. However, car parking rates increase significantly for food and drink premises. The SEE must address how parking demand will be managed, typically by referencing the proximity to public transport or existing shared car parking.

Example 2: Office to health consulting rooms

A commercial office in a mixed-use zone is proposed to become a physiotherapy practice. The existing consent was for office use. Health consulting rooms may be permissible in the zone, but the DA must address accessibility (DDA compliance), car parking for a health use and the number of practitioners to ensure the use is correctly classified.

Common Misconceptions

"If the fit-out looks the same, it's not a change of use."

The physical appearance of the fit-out is irrelevant. The planning classification of the activity determines whether a change of use has occurred.

"My lease allows me to use the premises for any purpose."

A lease is a private agreement between landlord and tenant. It does not override the planning system. You can have a valid lease and still be carrying out unlawful development.

"Council only cares about building work, not what goes on inside."

Council has enforcement powers over the use of premises, not just physical structures.

Frequently Asked Questions

Do I need a DA if the new use is in the same general category?

Not necessarily, but the answer depends on whether the LEP defines them as the same land use. Moving from one type of retail to another retail use is generally fine. Moving from retail to food and drink premises is a change of use requiring consent.

How long does a change of use DA take?

Typically 40 to 60 days, though complex applications or those requiring referrals to external agencies may take longer.

Can I start trading before my change of use DA is determined?

No. Operating under an unapproved use is unlawful development and can result in enforcement action.

What documents are needed for a change of use DA?

At minimum: a Statement of Environmental Effects, floor plan, site plan and council's application form. Some applications require additional specialist reports.

What is the cost of a change of use DA?

Council fees vary. The professional cost of a town planner NSW preparing the SEE and managing the application typically ranges from a few hundred to several thousand dollars depending on complexity.

Can a change of use be approved as complying development?

In limited circumstances, yes. Some LEPs and the Codes SEPP provide complying development pathways for certain change of use scenarios in commercial zones. A town planner can advise whether this applies.