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Town Planning.com.au
Automated assessment — NSW

NSW Change of Use Compliance Check

Pre-lease / pre-lodgement compliance check for change of use DAs. Covers the LEP Land Use Table use-definition match, Codes SEPP cl 5A.6 CDC pathway, BCA Class change, parking, hours of operation, and the licence stack (liquor, food, childcare, trade waste).

Built for hospitality tenants, business owners, leasing agents and conveyancers running change-of-use proposals through any NSW council.

Talk to a NSW PlannerCheck Your Zone First (Free)

$19 per check, or 5 for $69. Cheaper than 30 minutes of a planner's time.

Run this BEFORE you sign the lease

The single most expensive mistake in NSW commercial leasing

A tenant signs a 5-year lease for a hospitality fitout in a zone where ‘food and drink premises’ are prohibited. The lease is enforceable. The landlord has no obligation to refund. The council won't approve a DA for a prohibited use. Result: the tenant pays $200k+ in dead rent before extracting from the lease. Run the check before you sign.

What the check assesses

25 standards across 6 categories — use definition matching, pathway determination, operational impacts, BCA Class change, the licence stack, and conditions.

Use definition & permissibility

4 standards

  • U1Identify the new use under the LEP definitions
  • U2LEP zone permissibility for the new use
  • U3Existing use rights
  • U4Use definition matching — common gotchas

Pathway determination

3 standards

  • U5Codes SEPP cl 5A.6 CDC pathway eligibility
  • U6DA pathway — Section 4.15 considerations
  • U7Building & works component

Operational impacts

6 standards

  • U8Hours of operation
  • U9Parking generation
  • U10Loading and servicing
  • U11Acoustic impact
  • U12Waste and garbage
  • U13Patron capacity / employee numbers

Building Code & access

3 standards

  • U14BCA Class change
  • U15Disability access (Premises Standard)
  • U16Fire safety upgrade

Other consents & licences

4 standards

  • U17Liquor licence (where applicable)
  • U18Food business notification
  • U19Childcare licence
  • U20Trade waste / Sydney Water approval

Conditions & enforcement

5 standards

  • U21Plan / Premises Management Plan (PMP)
  • U22Compliance with conditions
  • U23Section 4.55 modifications post-approval
  • U24Public notification and submissions
  • U25Statement of Environmental Effects content

How it works

1

Describe the proposed use

What's the existing use, what's the proposed new use, what's the building? Property address, lease area, tenancy GFA, hours of intended operation. We start with the precise LEP use definition match.

2

Run the permissibility + pathway tree

Zone permissibility (LEP Land Use Table) → Codes SEPP cl 5A.6 CDC eligibility → DA pathway considerations → BCA Class change → parking demand → operational impacts → other consents.

3

Get the verdict and the licence stack

Pass / fail per standard, with the LEP / Codes SEPP / DCP / BCA cite. Plus a list of every additional consent or licence the new use needs (liquor, food, trade waste, childcare). Tells you the realistic timeline and budget.

Pricing

1 Check

$19
$19.00 per check

5 Checks

$69
$13.80 per check
Save $26

Prices in AUD, GST inclusive.

Why use the Change of Use Check

Get the use classification right

NSW change of use lives or dies on use classification. 'Restaurant or cafe' vs 'food and drink premises' vs 'take away food and drink premises' — different definitions, different LEP permissibility, different DCP rules. We classify accurately first.

LEP zone permissibility, then Codes SEPP CDC pathway

First check: is the new use even permitted in the zone? Second: can it use the Codes SEPP cl 5A.6 CDC pathway, or is a DA required? Many proposals never make it past the zone permissibility check.

BCA Class change isn't optional

Office (Class 5) → shop (Class 6) → restaurant/assembly (Class 9b) — each Class change triggers fire safety, accessibility, structural, exit standards. Often the biggest cost item, often missed pre-lease.

Pre-lease check pays for itself

Don't sign a lease for a hospitality fitout in a zone that prohibits 'food and drink premises'. $19 now beats $200k of dead lease cost later.

The full licence stack identified

DA approval is just the planning consent. Your fitout might also need a liquor licence (ILGA), food business notification (NSW Food Authority), childcare service approval (DPHI), trade waste consent (Sydney Water). All identified up front.

Existing use rights tested

Where the existing use is now prohibited but was lawfully established under a previous LEP, existing use rights may apply (EP&A Act ss 4.65-4.69). The test is technical and evidentiary; we walk you through it.

Frequently asked questions

I'm thinking of taking a lease — when should I run this check?
Before you sign the lease. The single most expensive mistake in NSW commercial leasing is signing a lease for a fitout the LEP doesn't permit. A typical example: a tenant signs a 5-year lease for a cafe fitout in a zone where 'food and drink premises' are prohibited. The lease is enforceable, the landlord has no obligation to refund the rent, and the council won't approve a DA for a prohibited use.
Can I just use my existing fitout for a different business?
Often, yes — IF the new use falls within the same LEP definition as the existing approved use. E.g. moving from one shop to another shop is usually fine. But moving from 'office premises' to 'medical centre' is a definition change that triggers a fresh DA. The Codes SEPP cl 5A.6 CDC pathway covers some same-category changes.
What's the difference between a DA and a CDC for change of use?
A CDC under Codes SEPP cl 5A.6 is the fast-track pathway available where the new use is one of the specified purposes, the building is unchanged externally, and all the cl 5A.6B-5A.6N standards are met. Most metro change-of-use proposals don't qualify — they need a fitout, or the new use isn't in the specified list. A DA is the merit-based assessment under EP&A Act s 4.15, typically 3-6 months for a simple change of use.
Why do BCA Class changes matter for change of use?
Each BCA Class has different fire safety, accessibility, structural and exit requirements. Going from Class 5 (office) to Class 6 (shop) generally requires a Premises Standard accessibility upgrade. Going to Class 9b (assembly — restaurant, gym, place of public worship) typically triggers fire-rated separation, sprinklers (above thresholds), emergency lighting, exit signage. These can cost $50,000-$500,000 to retrofit and they're mandatory.
What licences do food and drink premises need?
On top of the planning DA: a Food Business Notification with the NSW Food Authority, council pre-opening inspection (FSANZ Standard 3.2.3 compliance), a Sydney Water trade waste approval (grease trap), and if alcohol is sold/served, a liquor licence under the Liquor Act 2007 from Liquor & Gaming NSW. The DA grants planning consent; the other licences are issued separately.
What if my new use generates more parking than the existing one?
Each council DCP has parking rates per use type. If the new use generates more parking demand than the existing, and on-site supply can't be increased, the DA may be refused or conditioned. Merit variations are possible where contextual factors support reduced parking (CBD location, near transit, complementary off-peak demand patterns). A traffic / parking assessment is sometimes required.

$19 now or $200k+ later

Run the check before you sign the lease. Confirm the new use is permissible, identify the BCA upgrade cost, list every licence and consent the fitout needs.

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