Written by A recent NSW Land and Environment Court decision has redefined the boundaries of what counts as “creative” under planning laws, this time, in favour of a hair and beauty salon. In Solid Gold Custodians Pty Ltd v Inner West Council [2024] NSWLEC 1835, the Court considered whether a hair and beauty salon proposed in the E4 General Industrial zone could be approved, despite commercial premises being prohibited. The exception? Clause 6.21 of the Inner West Local Environmental Plan 2022 (IWLEP), which permits premises used for “creative purposes”, a term left deliberately undefined, but illustrated through examples like media, design, film, and music.
Council refused the application, arguing that hair and beauty did not fall within this list. But Commissioner Gray found that the clause invited a broader, more flexible interpretation. While not listed explicitly, hairdressing and beauty services involve elements of “design”, self-expression, and skilled creative practice – bringing them within the clause’s intended scope. The Court held that styling hair or applying makeup is not purely mechanical work. Rather, it draws on creative traditions, evolving aesthetic standards, and individualised design, mirroring the essence of the industries listed in cl 6.21. On that basis, consent was granted.
The decision confirms that commercial uses typically barred in industrial zones may still be permitted if they can be characterised as creatively driven. However, success will depend on fact and degree, alongside whether the use genuinely aligns with the nature and purpose of those listed. For business owners and developers, Solid Gold signals that creative framing matters. With a well-evidenced argument, even conventional services can gain traction under planning rules that initially appear prohibitive.
For tailored advice on zoning permissions, development applications, and land use strategy, reach out to Baron & Associates, who are experienced in planning and property law.