WIXLIB

Small live music or arts venuesOverviewWe’ve missed the thrill of live music, performanceand arts, whether it’s as part of the audience oras a creative outlet for our hobbies and passions.For a sector that has been one of the hardest hitduring the pandemic, we’d like to help make surethat the show can go on.The independent arts sector has previously raisedthe lack of affordable and suitable small- tomedium-sized performance spaces as a criticalissue. There are barriers preventing shops andcommercial spaces from being used as small-scalevenues in NSW.Arts and performance venues are classed inthe Building Code of Australia (BCA) as ‘publicassembly buildings’, such as a night club orsporting facility. These have higher fire and buildingstandards than shops to ensure public safety. Asa result, the cost and time to gain approval andupgrade a small venue to the higher building classstandards means converting retail premises is oftennot financially viable for the arts sector.In November 2020, new legislation introduced theterm small live music or arts venue into the BCANSW. This also established some developmentstandards to limit the size and patron capacity ofvenues to reduce risk and remove the need for thehigher building classification.At the time, these changes did not establish acomplying development pathway to change theuse of a shop or food and drink premises to asmall live music or arts venue without needing adevelopment application.To address this, we are proposing 2 changes: to amend the BCA so that a small live musicor arts venue is treated as a Class 6 buildingin NSW to introduce a new complying developmentpathway with accompanying building, firesafety and amenity development standards.The changes have been developed withaccredited fire and building certifiers and theDepartment of Customer Services’ Building PolicyUnit to ensure that public safety is maintained.South Australia and Victoria have already madeequivalent changes to the BCA in their states.Photography:Destination NSWDepartment of Planning, Industry and Environment Outdoor dining & fun experiences9

Providing flexibility forthe arts industry andneighbourhoodsSupporting the conversion of shops into newfunctions is important as online shopping andeconomic conditions changes the nature oftraditional retail. Centres and high streets willcontinue to reinvent themselves to attract newbusinesses and uses.A complying development pathway will significantlyreduce start-up costs and lead times for small livemusic or arts venues to establish and operate.This will allow local arts groups and creativeindustries to be flexible and agile and take upopportunities presented by changing retailconditions.Proposed amendmentsWe propose to make amendments so small livemusic and arts venues: are in the same building class as shops, cafésand restaurants through a state variation tothe Building Code of Australia classification can use the complying development changeof use and development standards in theCodes SEPP.Changes to the Building Code ofAustralia and Codes SEPPThe department will amend the Building Code ofAustralia in NSW to allow suitable ‘shops’ or ‘foodand drink premises’ to change use to a small livemusic or arts venue. This means creative industriescan apply for a Complying DevelopmentCertificate from a registered or council certifierto ensure their venues are safe and meet thestandards without needing a developmentapplication.Photography:Destination NSWDepartment of Planning, Industry and Environment Outdoor dining & fun experiences10

We are proposing that for premises to be used asa small live music or arts venue, they must meetthe following criteria: have a maximum floor area of 300 metres2 not be located above the second storey of abuilding not occupy more than 2 storeys in a building,including the ground floor provide cultural activities to the public such aslive music, visual arts displays, dancing, poetryand spoken word performances display fire safety approvals such as acurrent fire safety certificate and emergencyevacuation diagram not use pyrotechnics or theatrical smoke(smoke machines, hazers or the like) or havetiered or fixed seating have a maximum occupancy limit of 300people (including staff and performers) or50 people if food and drink are provided provide sanitary facilities based on employeeand patron numbers in F2.3 and Table F2.3 ofthe BCA for a Class 6 pub, restaurant, café,bar or equivalent may operate from 7.00 am to 10.00 pmMonday to Saturday and 7.00 am to 8.00 pmon a Sunday or a public holiday.These measures manage the risk of fire orhazardous situations and limit patron capacityto be consistent (for health, safety and amenity)with the Class 6 BCA category and standards.The NSW definition of Class 6 buildings will allowmultiple venues in one building.Venues can be used for a range of arts, handicraftand performance activities; however, this excludesbuilding or production activities, such as woodor metal cutting, that require fixed machinery.More intensive activities which include productionelements and machinery that pose a potentialhigher risk will be categorised under a new term‘creative industries’ which was proposed in theEmployment Zones Reform exhibition.Photography:Destination NSWWhat do you think?Are the proposed development standards forbuilding, fire safety and amenities appropriatefor this use?OutcomesTo support the arts industry to captialise onopportunities to use small retail spaces forperforming and carrying out activities in away that saves time and is cost effective.Department of Planning, Industry and Environment Outdoor dining & fun experiences11

Photography:Destination NSWDepartment of Planning, Industry and Environment Outdoor dining & fun experiences12

Artisan food and drink industryOverviewThe artisan food and drink industry includes themaking or manufacturing of boutique, artisanor craft food or drink products, such as bread,cheese, cured meat, coffee and alcohol. They aremade locally, on a small scale, using traditionalmethods or recipes. The small-batch goods arepopular alternatives to mass-manufactured andimported products. The industry generates localskilled employment and can support associatedindustries such as agriculture, tourism andhospitality by attracting customers who want tosample the products and see how they are made.A new definition of the artisan food and drinkindustry was introduced into the StandardInstrument LEP in 2018, which reflects the new typeof mixed-use business where the main purposeis manufacturing a product with a smaller spacefor product sales, tastings, a restaurant or café.Previously, they had been considered a light industryand required additional approvals for an industrialretail outlet to sell the products made on site.Allowing a change of use ofpremisesThe artisan food and drink industry is a type oflight industrial use and is permissible whereverlight industry is in an environmental planninginstrument, such as an LEP. This typically includesindustrial and business zones, and less frequentlyin rural zones.There is currently no exempt or complyingdevelopment pathway for a change of use to anartisan food and drink premises in the Codes SEPP.We have heard that some producers would like toconvert their light industry development consentsto artisan food and drink without needing tosubmit a new development application to assessthe ongoing operations. We have also heard thatthe restriction on industrial retail outlets thatonly allow for the sale of products made on siteis impractical and overly restrictive. An examplecould be a coffee roaster who may also wish tosell reusable cups manufactured off site.We propose this amendment within the broadercontext of work the department is doing to driveeconomic recovery and support innovation andproductivity: Building Business Back Better Employment Zones Reforms AgritourismPhotography:Destination NSWDepartment of Planning, Industry and Environment Outdoor dining & fun experiences13

Proposed amendmentChange of use to artisan food anddrink as complying developmentWe are proposing a complying developmentpathway that would allow a change of use fromlight industry or a light industry with an industrialretail outlet to an artisan food and drink industry.These uses are permissible with consent in theEnterprise Corridor (B6) and Business Park (B7),General Industrial (IN1), Light Industrial (IN2)and Working Waterfront (IN4) zones and artisanfood and drink is consistent with their objectives.We would also like to include the BusinessDevelopment (B5) zone, which the EmploymentZone Reform propose to incorporate into a newE3 Productivity Support zone with B6 and 7.Proposed changesWe’re also proposing changes to artisan food anddrink industries that reflect those consulted on inthe Building Business Back Better reforms. Theseproposed to increase patron numbers from 50 to100 in food and drink premises in neighbourhoodand local centres (that is, B1 and B2 zones) andincreased hours of operation. We would like tohear your views on extending these provisions tothe artisan food and drink industry.The production function will remain the mainpurpose at the site. The development standardswould see: a maximum retail floor area 30% of grossfloor area, or 500 m2, or any limit in the LEP,whichever is lesser maximum of 100 patrons at any restaurantor café trading hours for food and drink premises andretail sales from 6 am to 10 pm while allowing24-hour operations (for baking, brewing,fermenting and so on). This does not over-rideother laws, for example liquor licence conditions premises must comply with AustralianStandard 4674-2004 Design, construction andfit-out of food premises and the requirementscontained in the Noise Policy for Industry 2017.Photography:Destination NSWWhat do you think?Do you think the proposed changes strike theright balance for the uses in these locations?OutcomesIntroducing a swift and simple change of usepathway for artisan food and drink businessesso they can easily increase their operations,while aligning with standards.Department of Planning, Industry and Environment Outdoor dining & fun experiences14

Making some temporaryCOVID-19 measures permanentOverviewLast year, we made a number of temporary measuresto support the community and businesses inresponse to the COVID-19 pandemic. While they wereintended as a temporary solution, we would like tomaintain those that have been beneficial to thecommunity. We would also like to support businessesto be flexible and adapt to changing situations aslockdown requirements change over time.Food trucksFood trucks were introduced as exemptdevelopment in 2013, and the temporary measuregave businesses more flexibility by allowing foodtrucks to operate on any land, at any time, subjectto land owners’ consent. We propose to maintainthe existing measure and provide some additionalflexibility on land adjoining a residential zone, byincreasing the hours a food truck can operate there.‘Dark kitchens’ — takeaway anddeliveries from existing food anddrink premises and commercialkitchensAs cafés and restaurants were forced to close,takeaway and home delivery became vital forthese businesses to survive. These services werea welcome treat for the community and helpedpeople maintain a sense of normality. Even beforethe pandemic, home delivery was growing inpopularity and there were more delivery optionsto choose from.Dark kitchens cook meals solely for delivery,rather than eat-in diners. We propose to continueto allow premises with an existing commercialkitchen, including restaurants and cafés,community facilities, cooking schools and functioncentres, to prepare, sell and deliver food anddrinks that can be consumed off site. This willenable existing restaurants and cafés, and otherbusinesses, to adapt when necessary to changingsituations and customer needs.OutcomesEncourage local food businesses tocontinue to operate and service their localcommunities.Photography:Destination NSWDepartment of Planning, Industry and Environment Outdoor dining & fun experiences15

Temporary eventsOverviewCultural celebrations, exhibitions, fetes, markets,music and sporting events help make ourneighbourhoods vibrant places to live, workand visit. They allow us to get outside, connectcommunities, celebrate and participate. They givea platform for a thriving performance and musicscene, let us share each other’s food and culture,and support local organisations and business.We want to make sure events are well managed,that the rules are easy to understand andappropriate to the scale of the event.We want to clarify that events on council-ownedor managed land don’t need separate planningapproval. Councils can use their event applicationprocess to assess proposals against their eventpolicies and any management plans that applyto the site. They will approve the event underlegislation such as the Local Government Act 1993.Events on private land, however, are not subjectto the same approvals and oversight of council.We’d like your help to determine sensible controlsto make sure private events are equally wellmanaged without disturbing the environment orneighbours’ amenity.Providing certainty for councilsand the communityThe Codes SEPP includes separate planningcontrols for community and private events. We’veheard that the structure and wording for temporaryevents are not clear and cause confusion.Users are interpreting the controls differently,either:1. using the land for a temporary event requiresa development application and must abideby the development standards in clause 2.8of council’s local environmental plans (LEP),while the temporary structures used for theevent (such as a stage) can be set up asexempt development under the Codes SEPPor2. both the use of the land for the temporaryevent and the event’s temporary structures areexempt development under the Codes SEPP.Some councils have also included exemptdevelopment standards for temporary eventsin Schedule 2 of their LEP, which may intend toprovide additional flexibility or clarity.A temporary eventcould be a fair, fete,market sporting orcultural event or thelike that is open tothe public or sectionof the public thatis held for a limitedamount of days peryear. For example afood market that isheld every month.Photography:Destination NSWDepartment of Planning, Industry and Environment Outdoor dining & fun experiences16

Proposed amendmentsTemporary events on council andprivate landWe are aiming to provide clear and easy-to-useplanning controls so that people know whatapprovals, if any, they need for their event. Wewant to support small and low-impact events witha simple and straightforward process, and makesure the success of larger events isn’t at the costof the environment or local amenity.We have split the provisions into events on councilland and private land. Whether an event is held onpublic or private land, the general requirementsfor temporary uses and structures will also apply.These are standard considerations, such ashaving the landowner’s permission and ensuringstructures are safely installed.Council-owned and managed landWe are proposing that temporary events oncouncil-owned and managed land would notneed separate planning approval. Events onpublic/community land require council’s approvalunder section 68 of the Local Government Act1993, which can consider amenity, safety andpotential environmental impacts. Other approvalsmay also be needed from council if a street closureis needed, or from other agencies to ensure foodsafety and responsible service of alcohol.Councils also have plans of management for theland that they own or manage and typically havean events policy and guidelines, as well as anapplication process to use their sites. These enablecouncils to manage temporary events withoutimposing additional or duplicated approvalprocesses for event organisers.A new clause for temporary events on publicland will combine the temporary use and thetemporary structures into one clause. This meansthat use of land and the current controls for tents,marquees and booths will be combined with thecontrols for stages and platforms.There are no proposed changes to the currentplanning controls for structures (tents,marquees or booths and stages and platforms)for community events other than restructuringthe clauses.We know that some councils have also addedbespoke exempt controls for temporary events inSchedule 2 of their local environmental plans (LEPs).Where there is an inconsistency between the CodesSEPP and the LEP, the Codes SEPP will prevail.Private landWe need to make sure there are appropriatecontrols for temporary events on private land.While events on public land are subject to LocalGovernment Act 1993 approvals as well as plansof management, events on private land may notbe subject to the same oversight. This means thata different approval pathway is needed to ensurethat the amenity and environmental impacts areappropriate and managed well.The Codes SEPP’s current controls for privateevents apply to land other than rural, residentialand environmental-protection zoned land(unless it is used for residential accommodation),Crown land and land under the control of a council.The department is also investigating controls forevents in rural zones in its agritourism work.Department of Planning, Industry and Environment Outdoor dining & fun experiences17

We know that some councils have exemptdevelopment provisions in Schedule 2 of their LEPfor temporary events on private land. The controlsin these LEPs differ, but all set limitations on thenumber of days an event can take place (2 daysper year to 14 days per year). Some include hoursof operation (ranging between 7 am and 10 pm),while others include limits on the type of event orlimiting the number of patrons.We propose to provide an exempt pathway forthe use of land for small and minimal-impactevents on private land. We are not seeking tocapture everyday events such as picnics, familygatherings and birthday parties, but rather eventsopen to the public or a section of the public(see definition in Table 1).Limitations may include: limiting events to land other than a rural,residential or environmental protection zone limiting events on private land to 2 days in a12-month period whether consecutive or notconsecutive limiting hours of operation to between 7 amand 10 pm requiring organisers to notify the council atleast 7 days before the event requiring organisers to notify the adjacentresidents at least 7 days before the event limiting the number of patrons to 300.Any proposal that does not meet these requirementswill need to seek a development approval for theevent from the appropriate council. The Codes SEPPwill still contain exempt development provisionsfor the structures associated with temporaryevents, as well as the general requirements fortemporary events and structures.There are no proposed changes to thecurrent planning controls for structures (tentsand marquees and stages and platforms)themselves for private events.Photography:Marley Morgan/DPIEDepartment of Planning, Industry and Environment Outdoor dining & fun experiences18

Major events sites — additional temporary developmentTo make the most of our open spaces at The Rocks, Darling Harbour, Barangaroo and Sydney OlympicPark we propose an extension to the number of days temporary uses can be undertaken. This willprovide more flexibility for activities such as community events, art installations and commercial events.Currently the number of consecutive days these activities can be held for is limited to 21 days, with nolocation

artisan food and drink industry in certain circumstances, including development standards make some of the COVID-19 emergency measures for food trucks and dark kitchens permanent. clarify the exempt development standards for temporary private and community events ex