As you’re probably aware, we’ve recently relocated our head office here at Gideon Town Planning. Usually, when a business relocates, it is at an exciting point in its lifecycle; business is booming, and you need somewhere bigger!
Like all new premises, be they purchased or leased, there are processes to follow - a purchase or lease contract being key. But for commercial premises, what else is there that needs to be considered?
DEVELOPMENT APPROVALS (DA)
Does the property have any Development Approvals (DA) that allow for specific land uses on it? Depending on what sort of DA it is, it may not be aligned with what your business wishes to use the property for. Alternatively, if the property is currently used in another way but has a DA approval that aligns with your use, it may open up further opportunities.
CONDITIONS OF APPROVAL
The location of the premises you are considering may have some conditions of approval - particularly important when it comes to operating hours or activities undertaken on site. These come into play especially in commercial and industrial uses, and for licenced premises. Any of these conditions of approval may have a significant impact on your business operations. Therefore, these must be checked before committing to moving to a new premises.
LOCAL COUNCIL PLANNING SCHEME
What sort of buildings and businesses are your local Council looking to develop and encourage? Your local Council’s planning scheme outlines this as well as designating a specific zoning to suburbs for various land uses. Does the property you are looking at align with the planning scheme?
LEASING?
What if you are leasing a premise rather than owning it? Very common for many businesses, and most would lease a premise “in good faith” that they are legally allowed to conduct their business there. Who is responsible for checking this? Is it you, the landlord or someone else? Consider the following scenario…
Percy has been operating Montgomery’s Motor Mechanics on leased premises on Skinstad Rd for the past five (5) years. The local Council has designated Skinstad Rd as a “low impact industry” zone.
Business is good for Percy; he has recently employed extra staff and expanded operations to include spray painting and blasting facilities.
Council receives a complaint from a commercial competitor or an adjoining neighbour due to the additional onsite activities.
So the Council then has to send out the dreaded inspector to complete a compliance assessment. What do they find? Spray painting and blasting are defined as a “medium impact industry”, so the owner is then issued with a compliance notice.
This now creates a whole host of issues - can he continue to trade? Who is responsible for changing the use of the property - if it can be changed? What about the terms of the lease agreement? The potential is there for a whole host of difficulties.
When looking at moving premises, there is so much more to consider than just a contract. Are you considering moving? Do you need to check zoning or any potential approvals? Contact us here at Gideon Town Planning to discuss what needs to be considered when looking at new premises. We offer a complimentary 30-minute consultation to get an understanding of your business activities and opportunities.