Planning Regulation 2017

A material change of use of premises for a dwelling house if—

the premises are in—

a community facilities zone stated in schedule 2; or

a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in subparagraph (i); and

the material change of use involves an existing dwelling, including, for example, a presbytery or caretaker’s accommodation, on the premises; and

the material change of use—

does not involve the carrying out of building work; or

involves the carrying out of minor building work only; and

either—

none of the following overlays apply to the premises—

an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards;

an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination;

an overlay about development of a local heritage place; or

an overlay mentioned in subparagraph (i) applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.

In this section a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.