Change of Use

Planning regulations outline how you can use land and buildings, ensuring that any developments or activities are appropriate for the area. For example, regulations would most likely prevent you from turning a house in a quiet street into a nightclub.

There are a wide range of potential changes of uses when we look at the number of land use definitions provided in the Bellingen Shire Council Local Environmental Plan 2010. There may be additional requirements to consider in your application to Council if you propose to change the use of space, for example, additional parking spaces may be required or upgrades needed to the septic system. 

Common example of Change of Use:

  • Conversion of a retail shop into a Beauty Salon 
  • Conversion of a garage into a bedroom 
  • Conversion of a shed into a home business space

What approval pathway can I use to apply?

Some change of use may be undertaken as exempt development and without the need to prepare a development application for lodgement with Council.

However, if your site is located within a Heritage Conservation Area or is a State Heritage Item, then the exempt development pathways is not available and you will need to obtain development consent, and lodge either a Development Application (DA) or Complying Development Certificate (CDC).

Provided the proposed change of use meet all relevant development standards (identified in the Codes SEPP), then certain change of use do not require lodgement and approval of a development application (DA) or complying development certificate (CDC), and may be undertaken as exempt development.

Please note this advice is not meant to be all-inclusive and does not contain all the information necessary to determine whether a specific development proposal qualifies for exempt or complying development.

For a more precise understanding, you will need to refer to the relevant planning controls or seek professional advice.

The exempt development requirements can be accessed here Change of use of premises

If you are in doubt that the works comply with the Codes SEPP, then you should apply for a Development Application (DA) or Complying Development Certificate (CDC).

Apply for a DA    Apply for a CDC

 

 

 

 

 

Before you apply

Visit our How can we help page to access all the services we provide to assist you before, during and after the building and planning process. 

Related Documents

Bellingen Shire Council Development Control Plan 2017-2019 (DCP)(PDF, 8MB)

 

Bellingen Shire Council Local Environmental Plan 2010 (LEP)

 

Council Recommendation

If the application process is unfamiliar to you, or your application is somewhat complex, it is recommended you engage a suitable qualified consultant to ensure the development is designed in accordance with all the relevant development standards and complies with the Building Code of Australia. 

 

This may eliminate incomplete or insufficient applications being lodged, which can slow down the application processing times. 

 

It is recommended to discuss your proposal with your neighbours and consider their concerns to avoid delays in the application process. 

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