You have found the tenancy: the right size, the right rent, the right location. Before you sign, it is worth confirming that a gym can actually operate there, and on the hours you need. Planning problems found after the lease is signed are expensive.
Step one: is a gym permitted in the zone?
Under the Standard Instrument that Sydney's LEPs are based on, a gym is generally a recreation facility (indoor). Whether it is permitted depends on the zone and the council's land use table. It is commonly permitted in business, commercial and many industrial zones, but not everywhere.
Step two: what do the existing consents say?
Every tenancy has a consent history. Sometimes an earlier approval already allows a gym or a similar use. More often the approved use is something else, such as retail, office or warehouse, and a change of use is needed. Existing consents also tell you about approved hours, which can matter as much as the use itself.
Step three: which approval pathway?
- Complying development may be available for some changes of use under the Codes SEPP, where strict criteria are met.
- A development application is needed where complying development does not apply, for example where the hours, the site or the building do not meet the criteria.
- A modification may be possible where an existing gym consent needs to change, for example to extend hours.
What council will focus on
- Noise and vibration from weights, music and classes, particularly where there are residents above or nearby.
- Hours, especially for 24 hour operation and unstaffed periods.
- Management, set out in a Plan of Management covering staffing, access, classes and complaints.
- Parking and access in some locations.
Before you sign. Ask for a short planning check on the tenancy. It costs far less than a lease on a site that cannot get the approval you need, and it can strengthen your hand in lease negotiations.
How we help
EH Planning advises gym and studio operators on tenancies across Sydney, from the pre-lease check through to the development application, Plan of Management and any later modifications.
This article is general information only. Please get advice on your specific tenancy.