sch.6-sec.2Material change of use for particular buildings or structures

sch.6-sec.2 Material change of use for particular buildings or structures

A material change of use of premises for a class 1 or 2 building, if the use is providing support services and temporary accommodation for persons escaping domestic violence. A material change of use of premises for a dwelling house, if— the material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and the material change of use does not involve a basement or an underground parking area; and 1 of the following applies— no relevant overlay applies to the premises; only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2; a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development. A material change of use of premises for a dual occupancy, if— the use is for a residential purpose in a residential zone; and either— the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises. In this section— a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use. sch 6 s 2 amd 2019 SL No. 104 s 12 ; 2022 SL No. 182 s 5 ; 2025 SL No. 149 s 14 (4)–(5), (7), definition landscaping , note exp 2 December 2025 (see s 16(2)(b)–(d)) (sch.6-sec.2-ssec.1) A material change of use of premises for a class 1 or 2 building, if the use is providing support services and temporary accommodation for persons escaping domestic violence. (sch.6-sec.2-ssec.2) A material change of use of premises for a dwelling house, if— the material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and the material change of use does not involve a basement or an underground parking area; and 1 of the following applies— no relevant overlay applies to the premises; only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2; a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development. (sch.6-sec.2-ssec.3) A material change of use of premises for a dual occupancy, if— the use is for a residential purpose in a residential zone; and either— the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises. (sch.6-sec.2-ssec.4) In this section— a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.