NSWIn ForceRegulation
Environmental Planning and Assessment Regulation 2021
163Certain development allowed
Start here
Get a plain-English read of 163
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment Regulation 2021.
#### 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.