Changes commencing September 26th, 2025
Comparing the consolidation as at August 29th, 2025 with September 26th, 2025 · 65 changes
Outdoor dining—registered clubs pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 20C: Ins 2021 (597), Sch 1. 2.40F Specified development (1) The use of the premises of a registered club as an outdoor dining area associated with lawful food and drink premises is development specified for this code if the premises are located on— (a) community land within the meaning of the Local Government Act 1993 , or (b) private land. (2) To be exempt development, the development must not be carried out on land— (a) in a conservation zone, or (b) in a place of Aboriginal heritage significance identified in a local environmental plan. cl 2.40F: Ins 2021 (597), Sch 1. Am 2024 (42), Sch 1.39[7]. 2.40G Development standards The standards specified for the development are— (a) the development— (i) must not be located on a rooftop of a building, and (ii) must not cause offensive noise, within the meaning of the Protection of the Environment Operations Act 1997 , or other nuisance that affects adjoining owners, and (iii) must not contravene an existing condition of the most recent development consent, other than a complying development certificate, that applies to the registered club or the food and drink premises, other than in relation to car parking spaces, and (iv) must not restrict vehicular or pedestrian access to or from, or entry to a building on, the land on which the development is located, and (v) must not reduce the existing access to the registered club, or car parking spaces provided for the registered club, for people with a disability, and (vi) if carried out on land otherwise used for the purposes of a car park—must be designed to ensure pedestrian and patron safety, and (vii) if located at ground level (existing)—must provide a direct exit from the outdoor dining area to open space or a road, and (viii) must not be under an awning, unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2, and (b) at the end of the use the land must, as far as practicable, be restored to the condition in which it was before the commencement of the use. Note— Other legal requirements for the consent of the owner of the land and for approvals, licences, permits and authorities still apply. This includes, for example, a requirement for an approval under the Local Government Act 1993 , section 68. cl 2.40G: Ins 2021 (597), Sch 1. Am 2023 (458), Sch 3.1[4]; 2023 (695), Sch 1[7]
Based on content from the New South Wales Legislation website sourced at 2025-09-26. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.
Outdoor dining—registered clubs pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 20C: Ins 2021 (597), Sch 1. 2.40F Specified development (1) The use of the premises of a registered club as an outdoor dining area associated with lawful food and drink premises is development specified for this code if the premises are located on— (a) community land within the meaning of the Local Government Act 1993 , or (b) private land. (2) To be exempt development, the development must not be carried out on land— (a) in a conservation zone, or (b) in a place of Aboriginal heritage significance identified in a local environmental plan. cl 2.40F: Ins 2021 (597), Sch 1. Am 2024 (42), Sch 1.39[7]. 2.40G Development standards The standards specified for the development are— (a) the development— (i) must not be located on a rooftop of a building, and (ii) must not cause offensive noise, within the meaning of the Protection of the Environment Operations Act 1997 , or other nuisance that affects adjoining owners, and (iii) must not contravene an existing condition of the most recent development consent, other than a complying development certificate, that applies to the registered club or the food and drink premises, other than in relation to car parking spaces, and (iv) must not restrict vehicular or pedestrian access to or from, or entry to a building on, the land on which the development is located, and (v) must not reduce the existing access to the registered club, or car parking spaces provided for the registered club, for people with a disability, and (vi) if carried out on land otherwise used for the purposes of a car park—must be designed to ensure pedestrian and patron safety, and (vii) if located at ground level (existing)—must provide a direct exit from the outdoor dining area to open space or a road, and (viii) must not be under an awning, unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2, and (ix) despite subparagraph (iii), may exceed the maximum capacity of patrons permitted under the development consent— (A) for development carried out in a special entertainment precinct within the meaning of the Local Government Act 1993 , section 202B—by up to 30%, with a maximum of 100 patrons, or (B) for development where subsubparagraph (A) does not apply and the development consent specifies patron capacity of up to 100 patrons—by up to 20%, or (C) for development where subsubparagraph (A) does not apply and the development consent specifies patron capacity of over 100 patrons—by up to 15%, with a maximum of 50 additional patrons, and (b) at the end of the use the land must, as far as practicable, be restored to the condition in which it was before the commencement of the use. Note— Other legal requirements for the consent of the owner of the land and for approvals, licences, permits and authorities still apply. This includes, for example, a requirement for an approval under the Local Government Act 1993 , section 68. cl 2.40G: Ins 2021 (597), Sch 1. Am 2023 (458), Sch 3.1[4]; 2023 (695), Sch 1[7]; 2025 (528), Sch 1[11]. 2.40H cl 2.40H: Ins 2021 (597), Sch 1. Am 2022 (47), Sch 1[6]; 2022 (321), sec 4(2). Rep 2023 (695), Sch 1[6].