Planning Regulation 2017
sch.6-sec.6Material change of use for community residence—development approval given before 29 November 2025
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sch.6-sec.6 Material change of use for community residence—development approval given before 29 November 2025
A material change of use of premises for a community residence, if— the material change of use involves the carrying out of building work; and the building work— is carried out under a development permit given before 29 November 2025; or is consistent with a development approval in effect for the premises and given before 29 November 2025; and the use starts within 2 years after the day the building work is completed; and the premises are included in a prescribed zone under a local categorising instrument; and no more than 7 support workers attend the residence in a 24-hour period; and at least 2 car parks are provided on the premises for use by residents and visitors; and at least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and at least 1 car park is provided on the premises for use by support workers. In this section— prescribed zone means— any of the following zones stated in schedule 2 — general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone; centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone; community facilities zone; environmental management and conservation zone; rural zone; rural residential zone; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) . sch 6 s 6 amd 2017 SL No. 222 s 3 (1) – (2) ; 2025 SL No. 149 s 16 (sch.6-sec.6-ssec.1) A material change of use of premises for a community residence, if— the material change of use involves the carrying out of building work; and the building work— is carried out under a development permit given before 29 November 2025; or is consistent with a development approval in effect for the premises and given before 29 November 2025; and the use starts within 2 years after the day the building work is completed; and the premises are included in a prescribed zone under a local categorising instrument; and no more than 7 support workers attend the residence in a 24-hour period; and at least 2 car parks are provided on the premises for use by residents and visitors; and at least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and at least 1 car park is provided on the premises for use by support workers. (sch.6-sec.6-ssec.2) In this section— prescribed zone means— any of the following zones stated in schedule 2 — general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone; centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone; community facilities zone; environmental management and conservation zone; rural zone; rural residential zone; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .