Can I Run a Food Business From a Commercial Premises Without a DA?
- Mikal Jensen
- May 28
- 4 min read
Food Business Planning Approval in NSW: Do You Need a DA?
Opening a food business in NSW involves two separate regulatory streams: planning approval and food safety registration. Many business owners assume that registering with their council's environmental health team is sufficient. It is not. Planning approval is a separate requirement, and getting it wrong can result in enforcement action or an inability to trade.
In short: In most cases, operating a food business from a commercial premises requires a DA for change of use if the premises was not previously approved for a food use. Food safety registration with council is a separate requirement.
What Counts as a Food Business for Planning Purposes?
Under the Standard Instrument LEP, food-related land use categories include:
Food and drink premises: Premises used for the preparation and retail sale of food or drink for consumption on or off the premises. Includes cafes, restaurants, takeaway shops, bars and function centres.
Take away food and drink premises: A subset of food and drink premises focused on takeaway service.
Pub: Premises licensed under the Liquor Act 2007.
The category that applies to your business will depend on the nature of the operation, seating arrangements, licensing and hours.
When Do You Need a DA?
A DA is required when:
The premises was previously approved for a different land use (e.g. retail, office, health services) and you are changing it to a food use
The premises has never been approved for any use (e.g. a vacant shell)
You are proposing outdoor seating or a change to the external appearance of the building
You may not need a new DA if the premises is already approved for a food and drink use and you are simply changing the business occupant without changing the nature or scale of the use.
Step-by-Step: Food Business Approval Process
Confirm the current approved use of the premises (check the most recent development consent or contact council).
Identify the correct land use category for your proposed food operation under the LEP.
Check permissibility in the applicable zone.
Assess DCP requirements: car parking rates, ventilation, waste management, operating hours, noise.
Prepare a Statement of Environmental Effects addressing all relevant controls.
Lodge the DA through the NSW Planning Portal.
Separately, register the food business with council's environmental health team under the Food Act 2003.
Real-World Examples
Example 1: Retail shop to cafe
A clothing shop in a B2 Local Centre zone is proposed to become a cafe with 30 seats. The change of use from retail to food and drink premises triggers a DA. Car parking rates increase from 1 space per 40sqm (retail) to 1 space per 15sqm (food and drink premises). The SEE addresses this shortfall by reference to the proximity of public transport and shared parking.
Example 2: Existing cafe with new outdoor seating
A cafe already operating under an existing consent for food and drink premises wants to add 10 outdoor seats on the footpath. This requires a separate approval for outdoor dining, typically through council's footpath dining permit process, and may require a modification to the existing DA.
Common Misconceptions
"Food safety registration means I have planning approval."
No. Food safety registration under the Food Act 2003 is a health and safety matter. Planning approval is a separate requirement under the EP&A Act.
"If the previous tenant was a cafe, I can open a cafe too."
Generally yes, if the premises is already approved for a food and drink use and your operation is similar in scale and nature. However, confirm the existing consent and check whether any conditions restrict the use. If you are expanding the operation significantly, a new DA or modification may be required.
"Home-based food businesses don't need planning approval."
A home-based food business may be exempt development under the home business provisions if it meets the relevant criteria, but larger scale operations require assessment.
Frequently Asked Questions
What is the car parking rate for a food and drink premises?
DCP rates vary by council, but a common rate is one space per 10 to 15sqm of dining area. This is significantly higher than retail or office rates.
Do I need a liquor licence in addition to planning approval?
Yes. Liquor licences are issued by Liquor and Gaming NSW and are a separate regulatory requirement from planning approval.
Can a food business operate from an industrial zone?
Some food uses are permissible in industrial zones (such as food and drink premises ancillary to an industrial use), but a standalone restaurant or cafe is typically not permissible in a pure industrial zone. Check the LEP land use table.
What is the difference between a restaurant and a cafe for planning purposes?
Both fall within the food and drink premises land use category under most LEPs. The distinction between restaurant and cafe is not typically a planning classification issue, though hours of operation and alcohol licensing may vary.
Do I need a DA to operate a food truck?
Food trucks typically require both council approval for the trading location and, where they operate from private land, potentially a DA depending on the nature and regularity of the activity.
How long does a change of use DA for a food premises take?
Typically 40 to 60 days, though applications requiring referrals to external agencies (such as RMS for traffic impacts) may take longer.
