Business premises in residential zones

Approval for business premises in residential zones

A business premises means a building or place in which there is carried on an occupation, profession or trade for business premises, office premises, restaurants or cafes and shops.

It is important to accurately determine the classification of your proposed use under the Randwick Local Environmental Plan (RLEP). If you are unsure, please contact Council to discuss your proposal.

Whilst business premises are generally prohibited in residential zones, Clause 6.13 of the RLEP allows Council to approve business premises in land zoned R2 and R3 if the proposed use satisfies the following criteria:

a)      the development relates to a building that existed when this Plan and was designed or constructed for the purpose  of commercial premises, and

b)     the consent authority is satisfied that:

         (i)     the development will not adversely affect the amenity of any                   residential component of the development and the surrounding locality, and

         (ii)    the intensity of development is suitable for the building, and

         (iii)   the degree of modification of the footprint and facade of the building is consistent with the scale and desired attributes of surrounding development.

The clause is included to provide for the establishment and continued operation of small scale business development in residential zones. 

All proposals for business premises in residential zones will require a development application. If your proposal involves building works, you will also need to obtain a construction certificate prior to commencing building works.

The following steps are provided to assist you preparing and lodging a development application for a business premise in a residential zone.

Step 1: Seek information

You should consider the following documents when preparing your DA:

Note: To download copies of relevant documents, please refer to Planning Strategies and Controls .

Randwick Local Environmental Plan 2012

The Randwick Local Environmental Plan 2012 (RLEP) is the primary policy document applicable to your proposal.

As detailed above, Clause 6.13 of the RLEP allows for business premises in land zoned R2 & R3 if the proposed use: 

a)     relates to a building that existed when this Plan and was designed or constructed for the purpose of commercial premises, and

b)     the consent authority is satisfied that:

          (i)     the development will not adversely affect the amenity of any                   residential component of the development and the surrounding locality, and

          (ii)    the intensity of development is suitable for the building, and

           (iii)   the degree of modification of the footprint and facade of the building is consistent with the scale and desired attributes of surrounding development.

Further, the development should not adversely affect the amenity of any residential component of the development or the surrounding locality.

The RLEP also details whether your site contains a heritage item, is located within a heritage conservation area, or is within a foreshore scenic protection area.

If your site is within the vicinity of a heritage item or is located within a heritage conservation area, you will need to consider whether your proposed development will affect the heritage significance of the heritage item/s or heritage conservation area.

If your site is within a foreshore scenic protection area, clause 6.7 of the RLEP applies.

Disability Discrimination Act 1992

Business premises are required to comply with the Disability Discrimination Act 1992 and Disability (Access to Premises - Buildings) Standard 2010.

Planning Certificates

A Planning Certificate (issued under Section 149 of the Environmental Planning and Assessment Act 1979) provides formal advice on land zoning and planning controls applicable to your site.

Step 2: Prepare Plans and Drawings

The following plans will be required:

  • Scaled Plans and Elevations
  • Notification plans (A4)

Step 3: Prepare a Statement of Environmental Effects

The following headings may be used provide the framework for your statement of environmental effects (SEE).

  • The Site and Surrounds
    • Site description
    • Surrounding development
  • Background
    • Development history
    • Present and previous uses
    • Proposed development
    • Description of proposal
    • Operation and management  
    • Accessibility
    • Traffic and parking
  • Assessment of proposal against relevant environmental planning instruments, draft instruments and development control plans
    • Randwick Local Environmental Plan 2012
    • SEPP 64: Advertising and Signage
    • Randwick Comprehensive Development Control Plan 2013 - See Section B7 - Transport, Traffic, Parking and access and Section F2 -Outdoor Advertising.
  • Likely impacts of the proposed development
  • Suitability of the site for the proposed development

The following supplementary reports/details may also be required:

  • Acoustic report
  • Traffic/Parking report
  • Waste management plan
  • Schedule of colours and finishes

For more information on the supplementary reports, please refer to Supplementary report requirements.

Step 4: Complete an application form

You will need to complete an application form & checklist PDF, 210.49 KB, and a cost summary report.

The cost summary report must be prepared in accordance with Council's S94A Development Contributions Plan.

The application form must be signed by all land owners and the applicant.

Note: Section 94 or Section 94A Development Contributions may be payable for your development.

Step 5: Lodge the DA with Council

The development application must be lodged with the applicable DA fee. Please contact us to obtain a fee quote.

You may lodge your DA directly with Council at our administration building or by online services. A Council Officer will use the Development Application checklist form to check your application. Council will only accept a DA with all necessary information.

You are required to submit:

  • One (1) copy of the completed DA form and checklist
  • One (1) copy of the cost summary report
  • Two (2) copies of the A4 Notification plans  
  • Six (6) copies of all other plans.
  • Six (6) copies of the SEE and other supporting documentation

Additional sets of plans and SEE's will also required if your application requires referral to any external agencies (e.g. Roads and Maritime Services, Heritage Office, Police, etc)

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