Posted on September 20, 2018 by Stuart Simington

Amendments to Standard Instrument retail land use definitions

Earlier this year we blogged on the public exhibition of proposed amendments to the retail land use definitions in the Standard Instrument (Local Environment Plans) Order 2006 (Standard Instrument) here.

New or revised definitions came into effect on 27 July and  31 August 2018.  In order to ensure consistency with the Standard Instrument, amendments were also made to State Environmental Planning Policies.

New or revised retail land use definitions

The final form of the definitions which have been introduced into (or amended in) the Standard Instrument are set out below:

Artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only.  It must also include at least one of the following:

(a) a retail area for the sale of products,

(b) a restaurant or café,

(c) facilities for holding tastings, tours or workshops.

Artisan food and drink industry are a type of light industry.

Bulky goods premises means a building or place the principal purpose of which is the sale, hire or display of bulky goods, being goods that are of such size or weight as to require:

and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.

Garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment.  It may , if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any include a restaurant or cafe and the sale of any of the following:

(a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,

(b) pets and pet supplies,

(c) fresh produce.

Note. Garden centres are a type of retail premises.

industrial retail outlet means a building or place that:

(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and

(b)  is situated on the land on which the industry or rural industry is located, 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 or rural industry is located,

but does not include a warehouse or distribution centre.

light industry means a building or place used to carry out an industrial activity that does 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, and includes any of the following:

Local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.

Note. Local distribution premises are a type of warehouse or distribution centre.

Neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.

Neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuff to provide for the needs of people who live or work in the local area.

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

(a)  bulky goods premises,

(b)  cellar door premises,

(c)  food and drink premises,

(d)  garden centres,

(e)  hardware and building supplies,

(f)  kiosks,

(g)  landscaping material supplies,

(h)  markets,

(i)  plant nurseries,

(j)  roadside stalls,

(k)  rural supplies,

(l)  shops,

(la) specialised retail premises,

(m)  timber yards,

(n)  vehicle sales or hire premises,

but does not include highway service centres, service stations, industrial retail outlets or restricted premises.

Shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.

Specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight of quantity that requires:

• a large area for handling, display or stage, or
• direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of food stuff or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note. Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises.

Warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.

Other amendments to the Standard Instrument

By way of summary, the Standard Instrument has been amended as follows:

• “Neighbourhood supermarkets” has been inserted as permitted with consent in the Land Use Table, Zone B1
• Reference to “bulky goods premises” has been deleted from the Objectives of zone and uses permitted with consent in the Land Use Table, Zone B5 and replaced with “specialised retail premises”
• Clause 5.4 Controls relating to miscellaneous permissible uses is amended at the following subclauses:

(7) Neighbourhood shops

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed [insert number not less than 80 and not more than 1,000] square metres.

(7AA) Neighbourhood supermarkets

If development for the purposes of a neighbourhood supermarket is permitted under this Plan, this gross floor area must not exceed 1,000 square metres

(10) Artisan food and drink industry exclusion

If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed:

(a) [insert number not more than 67%] of the gross floor area of the industry, or

(b) [insert number not more than 400] square metres,

whichever is the lesser.

Copies of the relevant documents concerning the amendments can be accessed by clicking on the links below:

Planning Circular PS18-008 Amendments to retail land use definition

State Environmental Planning Policy Amendment (Land Use Terms) 2018

Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018

Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018

Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018