Commercial DA

Ok, I've been hesitant to write this thread in the past but now I want to open up and share with you something I'm going through.

I purchased a property off the plan in Sydney in 2005, these are the details:

- Residential: 2 bed, 2 bath, 1 car, 1 storage
- Ground floor

The developer approached me to lease the property as a Display office to help them sell the remaining apartments. It is directly opposite a major shopping centre and has high traffic. I agreed to lease it to them and they have recently told me that they will be ending their lease in March 2014.

- DA is currently for a 'Temporary Display Office'
- I have an agreement with the developer to turn the property to a residential apartment as per the original floorplan before the lease expires. At their cost.
- 230sqm (the developer owns the property next door and has knocked down the wall between the adjoining apartments to make one big office)

I have received advice that because of the ground floor location, its exposure to high traffic, opposite the shopping centre, my property is worth more as a commercial property.

Now I need to make some decisions...

1. Do I try and get a permanent DA for commercial use of the property?
2. Do I try for a permanent DA for mixed use of the property?
3. Do I also purchase the property next door that the developer owns to create one large commercial space?
4. Just keep with the original plan and turn my property back into a residential apartment.

As an investor Im open to either selling the property or to continue renting it out. Am very interested to hear everyone's opinion on how to make the most gain? I've never been in this situation before, its also only my 2nd property, so it'd be great to hear recommendations on how I should approach this.
 
mixed use should be fine - i would just make sure the use classification is a "p" or "d" use in the council's zoning table (permitted / discretionary / subject to advertising etc).

short of the zoning allowances, there's nothing stopping you renting out a 2x2 as a full office.
 
Good zoning for it.

Was the overall site DA for a mixed use development? If so the Temporary Display office may only relate to the first use of the commercial development.

If it is solely residential then I would consider lodging a Section 96 application (variation to a development consent) rather than a whole new DA as the costs will be lower.
 
Aaron - what do you mean by "short of the zoning allowances"?

Ideo - looking at all the other apartments in the block they are all zoned B4 Mixed Use. Does this answer your question?

Which option would you guys recommend and next steps?
 
Sorry, slipped my mind.

If you can find the DA for the original development this should tell you whether the ground level unit was approved for commercial or residential purposes. If it was for commercial purposes then you would have to lodge either a S.96 or a new DA to turn it into residential.
 
Thanks Ideo, original DA is for commercial use specifically for a 'temporary display office'.

Are you suggesting I turn it back into residential?
 
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