Some Highlands businesses could be trading illegally.

Misunderstandings around zoning changes in the 2010 Wingecarribee Local Environmental Plan (LEP) has already caused the closure of one business in Berrima. The village’s business centre is no longer zoned as a 3(a) Business Zone.

Council deputy general manager corporate, strategy and development services Mark Pepping said the zoning decision for Berrima was a unique situation.

While B2 Local Centre zoning applies to most Wingecarribee commercial areas, Berrima residents were concerned about the broad range of land uses, which could have included sex service premises. “While we said it was highly unlikely one would be established or approved, council resolved that Berrima be zoned B1 Neighbourhood Centre,” he said

Mr Pepping said the only way for council to ensure all businesses complied with the new zoning would be to carry out a widespread audit of every property, which would not be feasible given council’s limited resources. “Many commercial businesses do not need a formal council approval, as they may be categorised as an exempt development,” he said. Mr Pepping said in the case of a business expanding or adding elements to their operation, a new approval could be required as its categorisation could change.

The recent closure of Two Skinny Cooks has highlighted communication as a contributing issue to compliance confusion. Mr Pepping said councils were required by law to serve any orders directly to the landlord, regardless of who operated from the land or building in question. “In commercial situations state-wide, a lot of retail places are tenanted, so generally the landlord will arrange DA requirements on their tenants’ behalf,” Mr Pepping said.

Due to the large local government area, premises’ development activities are only checked following complaints. Long-standing businesses, which have not changed their business practices since the new LEP zones came into force and did not require council approval, are still considered to have ongoing existing rights. 

The 2010 LEP was on exhibition for two separate three-month periods between 2007 and 2009, council received more than 1000 submissions. It can be viewed online at www.wsc.nsw.gov.au/development/wingecarribee-local-environmental-plan-wlep-2010.