Business premises
Approval process for business premises
Business premises means a building or place at or on which:
- an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
- a service is provided directly to members of the public on a regular basis and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
It is important to accurately determine the classification of your proposed use under the RLEP. If you are unsure, please contact Council to discuss your proposal.
Exempt development
If your proposal involves changing the use of an existing business premises to another business premises, and no building works are proposed, it is likely that your proposal will be exempt development.
However, there are some types of business uses that are not exempt development (such as hair dressing salons and beauty salons). Please refer to the NSW State Environmental Planning Policy (The Codes SEPP) for the full list of exclusions.
If your proposed use is not in the list of exclusions; and it meets all of the exempt criteria contained in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, your change of use may be undertaken without consent from Council.
Complying development
Some business uses that are not exempt development, may still meet the criteria for complying development. Further, most internal alterations to business premises will be complying development.
If your proposal meets all of the complying criteria listed in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, you will need to obtain a Complying Development Certificate prior to commencing work.
Development requiring a Development Application
If your proposal does not meet either the exempt or complying criteria, you will need to lodge a development application with Council. 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 premises.
Step 1: Seek information
Environmental Planning Instruments and Development Control Plans
The following list includes the main Environmental Planning Instruments (EPIs), draft EPIs and Development Control Plan (DCP) that may be applicable to your development:
- State Environmental Planning Policy No 55-Remediation of Land
- State Environmental Planning Policy No 64 -Advertising and Signage
- State Environmental Planning Policy No 1 - Development Standards
- Randwick Local Environmental Plan 2012
- Randwick Comprehensive Development Control Plan 2013.
To download copies of relevant documents, please refer to Planning Strategies and Controls.
Disability Discrimination Act 1992
Business premises are required to comply with the Disability Discrimination Act 1992 and Disability (Access to Premises - Buildings) Standard 2010.
Guidelines, Council policies and other site specific considerations
Flooding - If your site is located in an area that may be subject to flooding, your development must be designed with suitable freeboards; and must not obstruct any drainage easements or flow paths. For more information about flooding controls, please refer to the Flooding Advice and Flood Related Development Controls Policy, or contact Council's Development Engineers.
Crime prevention - Crime Prevention Through Environmental Design (CPTED) is a crime prevention strategy that focuses on planning and design. The NSW Police 'Safer By Design' programs are part of this strategy and provide valuable ideas on how to minimise opportunities for crime.
Traffic - If your site is located within 30m of a signalised intersection, or involves construction of a new access point to a classified road, the application will need to be referred to the Roads and Maritime services for comment.
Preservation of Trees and Vegetation - If there are any trees (covered by Council's Preservation of Trees and Vegetation) that may be affected by your proposed works; Council's Landscape Development Officer will inspect the site and determine whether the impact on the tree is acceptable. You may also be asked to prepare an aborist's report to assess the potential impacts of the development.
Construction near stormwater pipes - Your proposed works should not be located over any drainage easements or stormwater pipes. If your proposal is located near a stormwater line, please contact Council's Development Engineers to discuss your proposal.
Construction near sewer lines - If your proposal involves construction over or near a sewer, please refer to the Sydney Water website to obtain the requirements for construction near a sewer.
Planning Certificates - A Planning Certificate (issued under Section 10.7(2), previously known as Section 149(2) of the Environmental Planning and Assessment Act) provides formal advice on land zoning and planning controls applicable to your site.
Step 2: Prepare Plans and Drawings
The following plans may be required:
- Site Analysis Plan
- Scaled Plans and Elevations
- Notification plans (A4)
- Survey Plan
- Drainage Plan (if changes to onsite drainage proposed)
- Shadow diagram (if second storey proposed)
- Streetscape elevation (if required by Council)
Note: Plan requirements may vary depending on the scope of your proposal.
Step 3: Prepare a Statement of Environmental Effects
The following headings may be used to provide the framework for your statement of environmental effects (SEE).
- The Site and Surrounds
- Site description
- Surrounding development
- Background
- Present and previous uses
- Proposed development
- Description of proposal
- Operation and management
- Accessibility
- Traffic and parking
- Materials and finishes
- Stormwater drainage and flooding
- Section 79C assessment
- Assessment of proposal against relevant environmental planning instruments, draft instruments and development control plans
- SEPP 55: Remediation of Land
- SEPP 64: Advertising and Signage
- Randwick Local Environmental Plan 2012
- Randwick Comprehensive Development Control Plan 2013
- Likely impacts of the proposed development
- Suitability of the site for the proposed development
The following supplementary reports/details may also be required:
- Heritage impact assessment report
- Acoustic report
- Traffic and parking report
- Flood study
- Hydraulic report
- Geotechnical report
- Waste management plan
- Schedule of colours and finishes
- Contamination investigation report
- Asbestos survey
- Environmental assessment of Flora and Fauna
- Social Impact Assessment
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, 422.31 KB, and a cost summary report PDF, 175.96 KB. Please refer to DA guides PDF, 685.34 KB for further information.
The cost summary report must be prepared in accordance with Council's S94A Development Contributions Plan. If the cost of your development is $500,000 or more, a detailed cost report will need to be prepared by a Registered Quantity Surveyor.
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
- Three (3) copies of the Survey Plan
- Six (6) copies of all other plans.
- Six (6) copies of the SEE and other supporting documentation
Additional sets of plans and SEEs will be required if your application requires referral to any external agencies (e.g. Roads and Maritime Services, Heritage Office, Police, etc)