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

Type of arts revitalisation use

How defined*

Typical zones where permissible

Art Gallery with Sales

Handmade Furniture Design and Sale

Handmade Fashion Design, Manufacture and Sale

Handmade Toy Design and Sale

Retail premises

Business

Mixed Use

Artist or Musician Studio with Teaching Facilities

Creative Business with Training

Business premises

Business

Mixed Use

Artist Studio

Musician Studio Web Development Graphic Design Film Editing

Art Photography Studio

Office premises

Business

Mixed Use

Art Gallery (only for display, no sale available)

Art Installation (only for display, no sale available)

Information and education facility

Business

Mixed Use

Handmade Furniture Design and Manufacture

Handmade Fashion Design and Manufacture Handmade Toy Design and Manufacture Artist Studio

Craft, Pottery and Sculpture

Light industry

Business

Light Industrial

Handmade Furniture Design, Manufacture and Sale

Handmade Fashion Design, Manufacture and Sale

Handmade Toy Design, Manufacture and Sale

Industrial retail outlet

Light Industrial

*  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.