Uses, definitions and zoning

Land Use Permissibility 

In order to undertake an empty spaces-style project, proposed uses must be permissible in the relevant land use zone in the relevant local council's Local Environmental Plan (LEP).  

There are several land use zones that may accommodate empty space projects, ranging from Business (including Mixed Use) to Light Industrial. 

This table identifies the types of uses likely to occur as part of the temporary reuse of empty spaces, how these are generally categorised in the relevant planning instrument and the typical zones where these are likely to be permissible.

Table 1: Uses, definitions and possible zone

*  Indicative Only - should be determined by the predominant or primary business operation (ie. is it predominately a retail premises with some manufacture or predominantly manufacture with some retail).

Definitions are as follows: 

Business premises means a building or place at or on which: 

(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or 

(b)  a service is provided directly to members of the public on a regular basis,

and may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises. 

Office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used. 

Retail premises means a building or place used for the purpose of selling items by retail, or for hiring or displaying items for the purpose of selling them by retail or hiring them out, whether the items are goods or materials (or whether also sold by wholesale). 

Information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like. 

Light industry means an industry, not being a hazardous or offensive industry or involving use of a hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise. 

Industrial retail outlet means a building or place that: 

(a)  is used in conjunction with an industry (including a light industry) but not in conjunction with a warehouse or distribution centre, and 

(b)  is situated on the land on which the industry is carried out, and 

(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry is carried out.