Environmental Planning and Assessment Regulation 2021
163Certain development allowed
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163 Certain development allowed
163 Certain development allowed
(1) An existing use may, subject to this Part—
(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 the 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 subsection (1)(e) or (f) unless the change—
(a) involves only minor alterations, and
(b) does not involve an increase of more than 10% in the gross floor area 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 the existing use.
(3) In this section—
commercial use means the use of a building, work or land for the purposes of commercial premises.
light industrial use means the use of a building, work or land for the purposes of light industry.