New South Wales Repealed Regulations

This legislation has been repealed.

PARRAMATTA LOCAL ENVIRONMENTAL PLAN 2001 - REG 43

43 Commercial premises in residential zones

(1) This clause applies to all land within Zone 2 (a), 2 (b), 2 (c), 2 (d) or 2 (e).

(2) Where an existing building was lawfully constructed for use as a shop, a person may, with development consent:

(a) use that building as a shop or commercial premises, or

(b) alter, extend or rebuild that building for use as a shop or commercial premises.

(3) The consent authority must not grant such a development consent unless it is satisfied that the development will not:

(a) adversely impact on the amenity of the locality, or

(b) cause traffic or vehicular congestion on any street in the vicinity of the development, or

(c) interfere with the flow of traffic.

(4) In assessing any application, the consent authority must also consider:

(a) whether the existing building or the land on which it is situated is physically and economically capable of being converted to or redeveloped for residential use in conformity with the zoning of the land, and

(b) whether it would be appropriate or desirable to convert the building or use the land for such a residential purpose, and

(c) the merits, if any, of retaining the existing building, and

(d) the benefits, if any, of encouraging the economic recycling of the existing building.

(5) The consent authority must not grant consent to the alteration, extension or rebuilding of a building to which this clause applies where:

(a) the floor space area of the existing shop or commercial component of the building is 60 square metres or less, and the floor space area of this component of the building, as altered, extended or rebuilt, will exceed 60 square metres, or

(b) the floor space area of the existing shop or commercial component of the building is greater than 60 square metres, and the floor space area of this component of the building, as altered, extended or rebuilt, will be increased.