Works you can carry out without council approval
If your business premises have been affected by a natural disaster, there are options to help you keep running. You may be able to build an exempt development to carry on your business temporarily if you meet certain standards.
Exemptions don’t apply to all developments – for example, property on the State Heritage Register.
Examples with links to the relevant standards:
- Balconies, decks, patios, pergolas, terraces or verandas
- Driveways and hardstand spaces
- Fences in business and industrial zones
- Home businesses, industries and occupations
- Hot water heater or hot water storage tank
- Landscaping structures
- Mobile food and drink outlets
- Outdoor dining on footpaths
- Pathways and paving
- Rainwater tanks
- Retaining walls, earthworks and structural support
- Shade structures
- Signage.
Temporary premises for businesses affected by bushfire
If your business has been affected by bushfire, you can operate out of a shipping container or temporary office for up to 2 years without council approval while you rebuild permanent premises.
This only applies if your business was approved for commercial or industrial use and operating in a business, industrial or RU5 Rural Village zone.
You can have up to 2 shipping containers or temporary offices. You’re also allowed to install items such as air conditioning units, ramps and carports.
The development is allowed under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (also known as the Codes SEPP). It must be carried out within 2 years of a state of emergency being declared.
For a full list of development standards and specifications for installing temporary buildings, visit the Codes SEPP.
Complying development provisions that enable temporary business uses
You can do some rebuilding works and related business development as a complying development if you satisfy certain standards.
Examples with links to the relevant standards:
- Alterations and additions to an existing commercial or industrial building
- Change of use from one type of business use to another
- Construction of new industrial buildings such as warehouses and distribution centres
- Driveways, hardstand spaces, pathways and paving
- Fences
- Fire safety measures such as water storage tanks, pumps, pipes, boosters and alarms.
- Internal building alterations
- Mechanical ventilation systems
- Projecting wall signs
- Retaining walls and structural support
- Shop fronts and awnings
There are more requirements for complying developments on bushfire-prone land. You cannot do complying developments in areas classified as Bushfire Attack Level 40 or a Flame zone. This is defined in the Codes SEPP.
For more information about development on bushfire-prone land, visit the NSW Rural Fire Service.
Temporary use provisions under local environmental plans
Local environmental plans let councils grant development consent for temporary use of land in any zone. If you are a landowner, you can apply for consent to use the land for a specific purpose for a certain number of days in any 12-month period.
For more information, contact your local council.
Business activities you can carry out on council or community land
Under the Local Government Act 1993, if you are a business owner, you can apply to temporarily use council or community land to operate some types of business.
Approved activities include:
- mobile food and drink premises
- outdoor dining
- displaying goods.
Read your council’s local approvals policy for more information on the rules and to see a list of approved activities.