Commercial Development
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Commercial Development in Leichhardt
Are you looking to establish a new business or expand an existing one in the Leichhardt Local Government Area?
Not sure if you require an approval from Council or not? Not sure what planning controls apply?
Is a DA required?
Many proposals may not require a Development Application to be lodged with Council.
The State Environmental Planning Policy (Exempt & Complying Development) 2008 sets out development that may be considered ‘exempt’ or ‘complying development’.
- Exempt development is exempt from requiring development consent (although sometimes other approvals or licences may be required), and
- Complying development, which is development that only needs a Complying Development Certificate. A complying development certificate can be issued by Council or a private certifier.
The State Environmental Planning Policy covers a range of commercial developments including:
Exempt Development
- Changes of use (no food and drink premises)
- Home businesses, home industries & home occupations
- Minor building alterations (internal)
- Minor building alterations (external) (not in a Conservation Area)
- Advertising signage (replacement of identification signs)
Complying development
- Change of use of premises (includes food & drink premises)
- Mechanical Ventilation systems
- Shopfront and awning alterations (not in a Conservation Area)
In order to be considered Exempt or Complying development, you must meet all the criteria specified in the relevant clauses of the State Environmental Planning Policy.
If your development cannot satisfy all the criteria a Development application is required to be lodged with Council.
How do I establish if the existing or previous uses were lawful?
Under the provisions of the State Environmental Planning Policy, you may require confirmation that the existing use is lawful, before you can change or expand that use.
In order to identify whether the existing or previous uses had the necessary approvals, you can:
1. Do a search of Council’s on-line DA tracking system (from 2008 onwards); and
2. Lodge an 
Government Information (Public Access) Act application form (25.29kB) for access to Council’s files on the particular property. This is a free service, but due to the volume of requests, this may take up to 20 business days.
How do I know if my use is permissible in the land use zone?
Under the provisions of the State Environmental Planning Policy, you may require confirmation that your use is permissible in the zone.
Zoning in the Leichhardt area is established under the LEP 2000 (336.55kB). You can find out the zoning of a property by looking at the Leichhardt Local Environmental Plan 2000 Zoning Map (1.49MB).
Generally speaking, commercial developments are to be confined to the Business Zone (blue on the Leichhardt Local Environmental Plan 2000 map). There are some exceptions, including:
- ‘Bulky goods retailing’– is permissible in the Industrial Zone
- ‘Local shops’ – are permissible in the Residential and Industrial Zones
- Home businesses, home industries & home occupations - permissible in the Residential Zone
- The use of existing non-residential buildings in the Residential Zone (Note: See clause 23(6) of the Leichhardt Local Environmental Plan 2000. A Development Application is always required for these uses)
If I need a DA, what information do I need to submit?
If a DA is required, you will need to complete the Development Application and Construction Certificate Application Form (45.76kB)and the accompanying Checklist For Development Applications (106.39kB).
Generally speaking, all development application will require, at a minimum, a Statement of Environment Effects and plans of the proposal.
The amount of information required to be submitted will depend on the nature of the development. It is recommended that your contact Council’s Duty Planner for more information on submission requirements.
Please note that once your Development Application is approved you may also be required to obtain a Construction certificate before you can commence building works, and an Occupation Certificate prior to occupation of the premises.
What are some common issues in Business Development Applications?
Applications for commercial development will typically be assessed against the provisions of the:
· Leichhardt Local Environmental Plan 2000
· Leichhardt Development Control Plan 2000 – Non-residential Development
· Leichhardt Development Control Plan No.32 - Equity of Access
· Leichhardt Development Control Plan No.38 – Waste
· Council’s Section 94 plans; and
· The Building Code of Australia (BCA)
Parking & Section 94 Contributions
Part A8.0 - Parking Standards and Controls, within Part A - General Information (992.19kB) of the Leichhardt Development Control Plan 2000 specifies the required number of parking spaces for development in Leichhardt. This applies to new buildings, additional floor area to existing buildings, and changes of use which intensify the land use.
An example of an intensification is a change of use from a shop to a café. Under the Leichhardt Development Control Plan 2000 a shop requires a minimum of 1.5 parking spaces per 100m2 of floor area, where a café (or ‘refreshment room’) requires a minimum of 5 parking spaces per 100m2 of floor area to be provided on site.
If these parking spaces are not provided on site, the Section 94 contributions will be applied to any approval.
In Balmain/Rozelle & Leichhardt town centres Section 94 contributions will be imposed if there is a shortfall in the provision of on-site parking. In Balmain/Rozelle this is $13,000 per parking space and in Leichhardt this is $10,000 per parking space.
Further contributions towards public open space and community facilities may also be applied.
Equitable access
The Premises Standards (Disability Access to Premises) may apply to ensure that disabled access is provided when building work is proposed. There may be exceptions, and it is recommended that you contact Council’s Building Certification Team to determine if the standards apply to your development.
Fire Safety Upgrades
Council needs to ensure that adequate levels of fire safety are provided within properties. For any change of use or building work, any development application will be assessed against the fire safety requirements of the Building Code of Australia (BCA).
The intent of a fire safety upgrade is to address the areas of concern within the building that may pose a risk to life safety of the occupants of the building, spread of fire to adjoining buildings, to ensure early detection of fire, and fire fighting within the building.
A fire safety schedule is prepared by a suitably qualified person listing all existing and proposed essential fire services. A fire safety schedule is require for all change of use applications where no construction works are proposed, new commercial/business/retail developments and Class 2-9 buildings. The schedule should include a list of the fire safety provisions that currently apply to all existing buildings on the site and a list of the fire safety provisions that are to apply to the development.
A BCA Audit may need to be undertaken to indicate the fire safety issues within the building, and recommendations to address the issues as part of the development application assessment process.
Please contact Council’s Building Certification Team on (02) 9367 9222 for more information.
Hours of operation
Council seeks to ensure that the hours of operation of business, commercial premises and places of work are compatible with the type of activities carried out on the premises and the relationship with neighbouring residential occupiers.
Council will assess your proposed working hours on merit with this in mind.
Signage
In addition to the replacement of existing Council-approved signage under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Council's Development Control Plan No 35 (420.61kB)also allows for the erection of some signage without an approval.
If your proposed signage is not ‘exempt development’ then the requirements of Part A9.0 – Advertising and Signage within Part A - General Information (992.19kB)of the Leichhardt Development Control Plan 2000 will apply to any development application lodged with Council for assessment.
What if I want an A-frame sign, table and chairs, or to display goods on the footpath?
Approval can be granted to allow the placement of tables and chairs and other materials directly outside business premises.
You will need to lodge a separate Application to place tables & chairs & obstructions on footway (25.60kB)under the Roads Act for assessment against the specific criteria contained within Development Control Plan No 48 (943.71kB).
Once approved, a lease fee is payable on annual or quarterly basis. Public liability insurance needs to be maintained thoughout the period.
It is should be noted that Council has a ‘No-smoking’ policy for Council licensed alfresco dining areas and is providing educational materials to all license holders to support this initiative.
What if I have more questions?
Council provides a duty town planner each day between 8:30am & 4:30pm who would be pleased to answer any further queries in relation to your proposal.
Please contact Council on (02) 9367 9222, and ask to speak to the Duty Town Planner.
Further, more detailed advice may obtained by lodging an Pre-Development Application Form (25.45kB) for Pre-Development Application advice, and is highly recommended for more complex proposals.