REALWorld Law

Planning / zoning

Designated use

Are there any legal restrictions on the designated use to which any new building may be put or on any change in the designated use of an existing building?

Australia

Australia

Zoning controls impose legal restrictions on the use to which a building may be put and any change in the use of a building. In most cases a change in use will require a permit, approval or consent. In determining whether consent will be granted to the use change, matters such as intensification of the use, car-parking and the impact on amenity of the proposed new use will be considered. In some cases there may be no control over the change of use, for example between shops of different kinds. If a use is prohibited by the current zoning, a change of use may be permitted by rezoning the land through an amendment of the relevant planning instrument. This will usually involve a public participation process and hearing. Use of a particular building will also be determined by the building classification system that is dependent on the purpose for which the building is designed, constructed or adapted to be used.