Before you start, make sure your property is correctly zoned.
Land use zones determine the development and activities allowed for each property.
There are 3 Local Environmental Plans in the Tweed that specify zoning:
Please see the LEP extents map to find out which LEP applies to your site.
Land Zoning Maps for LEP 2014 and TCCLEP 2012 can be found by clicking on the Maps link at the top the relevant LEP document.
Most types of small businesses are permitted in established commercial and industrial zones, but there are some uses which may not be permitted.
Zoning and site constraint details can be further verified by contacting Council staff or by obtaining a Section 10.7(2) Certificate.
For information about Section 10.7 certificates see Buying and Selling Property.
What planning and building approvals do you need from Council?
Under current state and local planning laws, there are 3 pathways for proposed use:
- For straightforward changes of use, you may be Exempt from needing planning approval to start up your business.
- If not Exempt, you may only need to gain approval through the less onerous Complying Development application process (from either Council or a Private Certifier)
- If not Exempt or Complying Development, a Development Application will need to be submitted to Council.
Exempt and Complying Development
The State Government’s Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) provides for standardised development controls for nominated Exempt and Complying Development for a range of land uses.
Part 2 of the Codes SEPP specifies development in accordance with the applicable development standards that is Exempt from requiring a complying development certificate or development approval.
Part 5 and 5A of the Codes SEPP specifies commercial and industrial development which may be undertaken as Complying Development and the applicable development standards. Complying Development is considered to have relatively low environmental impact, but is still the subject of the Complying Development application process, which can be applied for through either Council or a private accredited certifier.
To find out more about applying for a Complying Development Certificate through Council, see Exempt and Complying Development.
To find out if your proposal meets the requirements for Complying Development under the Codes SEPP, Council provides pre-lodgement advice as a fee-for-service (see fees and payments). Council Officers will carry out a preliminary assessment of your proposal and provide written advice about whether your proposal meets provisions for Complying Development.
A deduction may apply to the fees for any Complying Development or Construction Certificate lodged following pre-lodgement advice. See Complying Development Stage 1 for information about the pre-lodgement process.
Note: Council’s fees are updated at the end of each financial year.
If your proposal is neither Exempt or Complying Development, you will need Development Consent from Council.
This consent is sought by lodging a Development Application (DA) to Council. The DA mainly focuses on how well your proposed business fits with the character, function and built form of the location.
If you're proposing any physical changes to a building, you may also need a Construction Certificate before starting any building works. A Construction Certificate can be sought from Council or an accredited private certifier.
If using Council's service, your Construction Certificate can be lodged concurrently with a DA. See Construction Certificates
Note: in addition to the DA or CDC you may also need a series of concurrent approvals from Council for works establishing appropriate water, sewer, trade waste and possibly driveway access for your new development.
If your proposal relates to a food business, hairdressers or other business that may impact public health, other approvals or licencing may also be required.
What are the main rules for development?
All developments, big or small, must comply with state government and Council planning control documents.
The rules for development are set out principally in the NSW Environmental Planning and Assessment Act 1979 (in particular Section 4.15), and other relevant state or regional plans, and the applicable LEP.
The more detailed design rules are contained with the Tweed Development Control Plan (DCP) 2008. This DCP applies to both Council wide controls as well additional locality based controls for more sensitive areas in the Tweed, such as Pottsville and Hastings Point.
View Council’s planning policies, see land use & planning controls