sch.6-sec.7AParticular material change of use involving an existing building

sch.6-sec.7A Particular material change of use involving an existing building

A material change of use of premises if— an economic support instrument applying this section is in effect for the local government area in which the premises are located; and the material change of use is carried out during the period the economic support instrument is in effect; and under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and the economic support instrument states that the proposed use is identified for the zone applying to the premises; and the material change of use does not involve the use of a building other than an existing building; and the material change of use— does not involve the carrying out of building work; or involves the carrying out of minor building work only; and the material change of use does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and for a proposed use other than a declared use for the premises, the proposed use complies with the following— if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop; if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument; if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument. 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 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 . In this section— declared use , for premises, means a use, or use of a class, declared for an applicable event under a declaration under section 275O of the Act that is in effect for the area in which the premises are located. Table 1 Column 1 Zone Column 2 Proposed use Neighbourhood centre zone or local centre zone Food and drink outlet Health care service Office Shop Veterinary service Centre zone, district centre zone, major centre zone or principal centre zone Bar Food and drink outlet Garden centre Health care service Indoor sport and recreation Market Office Service industry Shop Veterinary service Mixed use zone Bar Food and drink outlet Garden centre Health care service Home-based business Indoor sport and recreation Market Office Shop Showroom Veterinary service Industry zone, low impact industry zone or medium impact industry zone Bulk landscape supplies Car wash Hardware and trade supplies Low impact industry Research and technology industry Service industry Transport depot Veterinary service Warehouse Research and technology industry zone Low impact industry Research and technology industry Rural zone Agricultural supplies store Rural industry Wholesale nursery Winery Tourism zone, major tourism zone or minor tourism zone Nature-based tourism Sales office Shop Tourist attraction Township zone Garden centre Hardware and trade supplies Roadside stall Veterinary service Wholesale nursery Winery Waterfront and marine industry zone Low impact industry Marine industry Warehouse sch 6 s 7A ins 2020 SL No. 197 s 16 (sch.6-sec.7A-ssec.1) A material change of use of premises if— an economic support instrument applying this section is in effect for the local government area in which the premises are located; and the material change of use is carried out during the period the economic support instrument is in effect; and under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and the economic support instrument states that the proposed use is identified for the zone applying to the premises; and the material change of use does not involve the use of a building other than an existing building; and the material change of use— does not involve the carrying out of building work; or involves the carrying out of minor building work only; and the material change of use does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and for a proposed use other than a declared use for the premises, the proposed use complies with the following— if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop; if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument; if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument. (sch.6-sec.7A-ssec.2) 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 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 . (sch.6-sec.7A-ssec.3) In this section— declared use , for premises, means a use, or use of a class, declared for an applicable event under a declaration under section 275O of the Act that is in effect for the area in which the premises are located. Table 1 Column 1 Zone Column 2 Proposed use Neighbourhood centre zone or local centre zone Food and drink outlet Health care service Office Shop Veterinary service Centre zone, district centre zone, major centre zone or principal centre zone Bar Food and drink outlet Garden centre Health care service Indoor sport and recreation Market Office Service industry Shop Veterinary service Mixed use zone Bar Food and drink outlet Garden centre Health care service Home-based business Indoor sport and recreation Market Office Shop Showroom Veterinary service Industry zone, low impact industry zone or medium impact industry zone Bulk landscape supplies Car wash Hardware and trade supplies Low impact industry Research and technology industry Service industry Transport depot Veterinary service Warehouse Research and technology industry zone Low impact industry Research and technology industry Rural zone Agricultural supplies store Rural industry Wholesale nursery Winery Tourism zone, major tourism zone or minor tourism zone Nature-based tourism Sales office Shop Tourist attraction Township zone Garden centre Hardware and trade supplies Roadside stall Veterinary service Wholesale nursery Winery Waterfront and marine industry zone Low impact industry Marine industry Warehouse