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Home based business__including_cottage_industry__0
The document outlines a local planning policy for home-based businesses and cottage industries. It provides definitions for different types of home occupations including cottage industry, home business, home occupation, and home office. It establishes general requirements for home-based businesses including limiting approvals to 12 months, compliance with the definitions, storage of materials, and ensuring the use remains ancillary to the principal residential use. The policy aims to allow home-based businesses while protecting neighborhood amenity.
Home based business__including_cottage_industry__0
- 1. townplanningservices Home Based Business (includingCottage Industry) Local Planning Policy VERSION 3 1.0 ADOPTION 2.0 PURPOSE 3.0 SCOPE 4.0 OBJECTIVE 5.0 POLICY STATEMENT 5.1 Definitions 5.2 General 5.3 Application Requirements 5.4 Consultation 6.0 REFERENCE 7.0 RESPONSIBILITIES 1.0 ADOPTION Version Council Adoption Item Number Comment 1 10 July 2007 DS001 Draft for advertising – Advertising concluded 17 August 2007 2 11 September 2007 DS044 Final – no objections received 3 22 December 2009 SC134 Draft for advertising 3 22 December 2009 SC134 Advertising concluded 5 February 2010 Final – no objections received 3 1 July 2011 SC001 Draft for advertising 3 1 July 2011 SC001 Advertising concluded 1 August 2011 Final – no objections received 2.0 PURPOSE Local Planning Policies are guidelines used to assist the local government in making decisions under the Scheme. The Scheme prevails should there be any conflict between this Policy and the Scheme. It is not intended that a policy be applied rigidly, but each application be examined on its merits, with the objectives and intent of the policy the key for assessment. However, it should not be assumed that the local government, in exercising its planning discretion, be limited to the policy provisions and that mere compliance will result in an approval. This approach has produced many examples of inappropriate built form that has a long-term impact on the amenity and sustainability of the locality.
- 2. HOME BASED BUSINESS(INCLUDING COTTAGE INDUSTRY) Page 2 townplanningservices The City encourages applicants to produce innovative ways of achieving the stated objectives and acknowledges that these may sit outside the more traditional planning and architectural approaches. In these instances the local government is open to considering (and encourages) well-presented cases, during pre-application consultation, having due regard to the outcome of any public consultation undertaken and the orderly and proper planning of the locality. 3.0 SCOPE A Local Planning Policy is not part of the Scheme and does not bind the local government in respect of any application for planning approval but the local government is to have due regard to the provisions of the Policy and the objectives which the Policy is designed to achieve before making its determination. 4.0 OBJECTIVE 4.1 To provide clarification as to the different types and scale of home based businesses (or commonly referred to as “home occupations” or “cottage industries”). 4.2 To ensure that these types of uses do not compromise the amenity of the area. 4.3 To ensure that the activity remains an ancillary use to the main dwelling or the principle land use on the property. 5.0 POLICY STATEMENT 5.1 Definitions For the purposes of this Policy a Home Based Business means and/or all of the following: “Cottage Industry” means a trade or light industry producing arts and crafts goods which does not fall within the definition of a home occupation and which: a. Does not cause injury to or adversely affect the amenity of the neighbourhood; b. Where operated in a residential zone, does not employ any person other than a member of the occupier’s household; c. Is conducted in an outbuilding which is compatible with the principle use to which land in the zone in which it is located may be put; d. Does not occupy an area greater than 50m2 ; and e. Does not display a sign exceeding 0.2m2 . “Home Business” means a business, service of profession carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which: a. does not employ more than 2 people not members of the occupier’s household; b. will not cause injury to or adversely affect the amenity of the neighbourhood; c. does not occupy an area greater than 50m2 ; d. does not involve the retail sale, display or hire of goods of any nature; e. in relation to vehicles and parking; • does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood; and • does not involve presence, use or calling of a vehicle more than 3.5 tonnes tar weight.
- 3. HOME BASED BUSINESS(INCLUDING COTTAGE INDUSTRY) Page 3 townplanningservices f. Does not involve the use of an essential service of greater capacity than normally required in the zone. “Home Occupation” means an occupation carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which: a. Does not employ any person not a member of the occupier’s household; b. Will not cause injury to or adversely affect the amenity of the neighbourhood; c. Does not occupy an area greater than 20m2 ; d. does not display a sign exceeding 0.2m2 ; e. does not involve the retail sale, display or hire of goods of any nature; f. in relation to vehicles and parking; • does not result in the requirement for a greater number of parking facilities than normally required for a single dwelling or an increase in traffic volumes in the neighbourhood; • does not involve the presence, use or calling of a vehicle more than 2 tonnes tare weight; and • does not include provision for the fuelling, repair or maintenance of motor vehicles. g. does not involve the use of an essential service of greater capacity than normally required in the zone. “Home Office” means a home occupation limited to a business carried out solely within a dwelling by a resident of the dwelling but which does not: a. entail clients or customer traveling to and from the dwelling; b. involve any advertising signs on the premises; or c. require any external change to the appearance of the dwelling. “Home Business – Hire” means a business, service or profession involved in hiring goods carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which: a. does not employ more than 2 people not members of the occupier’s household; b. will not cause injury to or adversely affect the amenity of the neighbourhood; c. does not occupy an area: i. greater than 50m2 (inclusive of any administration areas of the business within the dwelling) where the application is located within a residential zone; and ii. does not occupy an area greater than 100m2 (inclusive of any administration areas of the business within the dwelling) where the application is located within a rural- residential, rural smallholding or agriculture general zone; d. does not involve the retail sale or display of goods of any nature; e. in relation to vehicles and parking: i. does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood;
- 4. HOME BASED BUSINESS(INCLUDING COTTAGE INDUSTRY) Page 4 townplanningservices ii. does not involve the presence, use or calling of a vehicle more than 3.5 tonnes tare weight or in excess of 8m in length; and iii. provides an area behind the street setback line for the storage of vehicles or vessels associated with the business that is fully screened from the primary or secondary street; f. does not involve the use of an essential service of greater capacity than normally required in the zone. 5.2 General 5.2.1 Planning approvals for all types of home based businesses shall be limited to a maximum period of 12 months, after which the further renewal of the approval by the local government is required annually. This is the responsibility of the applicant and the local government will not automatically re-issue approvals. 5.2.2 Planning approvals is not required for a “Home Office” provided the activity is fully compliant with the definition as per Clause 5.1. 5.2.3 Planning approvals are issued only to the specific occupier of the particular parcel of land is not transferable to any other person or to any other land parcel. Should there be a change of the occupier on the land in respect of which the planning approval was issued the approval shall no longer be valid. 5.2.4 Operating hours for home based businesses should be determined on the type of business being undertaken and having regard to the objectives of this policy (specifically Clause 4.2). As a general guide only, operating hours for businesses in residential areas should conform to what are considered normal business hours (generally 8.30am to 5.30pm, Monday to Friday and 8.30am to 1.00pm on Saturday). 5.2.5 Where an activity involves the calling of clients or customers these appointments should be limited to 5 per day in accordance with hours as per Clause 5.2.4. 5.2.6 With the exception of a home office, activities should not be located on a site which has been intensely developed for group dwellings. 5.2.7 All materials and/or equipment used in relation to the activity must be stored within the dwelling, outbuilding and/or rear yard, behind property fences or appropriately maintained screening vegetation. 5.2.8 Activities must be ancillary to the principal use of the land as a residence, and are not to be construed as an alternative use. 5.2.9 For activities involving the preparation of food for commercial purposes, the domestic premises must be provided with facilities that are in accordance with the Food Act 2008 and the Australian New Zealand Food Standards Code (Australia only). 5.2.10 Activities involving the following services are not considered appropriate: • Prostitution or potentially related activities; • Spray painting of any kind; • Vehicle wrecking/body repairs; and • The use of machinery causing excessive noise or processes causing unacceptable aromas, dust levels, rhythmic vibrations or lighting conditions.
- 5. HOME BASED BUSINESS(INCLUDING COTTAGE INDUSTRY) Page 5 townplanningservices 5.2.11 Any activity involving the retail sale display or hire of goods of any nature is treated as a “Cottage Industry” with the relevant provisions of the Town Planning Scheme applicable. 5.3 Application Requirements Applications shall include the following information: • Details of the proposed activity inclusive of any equipment used, proposed hours of operation, employees (if any) and their relationship to the occupier of the dwelling, frequency of clients or customers to the site and any other information considered relevant to the proposal; and • A site plan showing the dwelling and curtilage of the dwelling depicting where the activity is to take place, including areas for storage and/or administration and car parking provision where necessary. 5.4 Consultation Unless otherwise provided for in the Town Planning Scheme, an application for a home based business involving a variation to the standards as prescribed in the relevant definition, will require consultation with effected landowners and/or occupiers and neighbour consent should preferably be given. 6.0 REFERENCE The City of Greater Geraldton Town Planning Scheme(s) and the Planning & Development Act 2005. 7.0 RESPONSIBILITIES The Town Planning Services Team as per the Delegations Policy and Register and further authority is delegated to the Chief Executive Officer for the following: a. Minor variations to standards prescribed in the definitions where neighbour consent is given (Clause 5.0); b. Annual renewal of approvals provided there have been no written complaints received during the 12 months period preceding the request for renewal and there has been no change in the circumstances under which the previous approvals was granted (Clause 5.2.1).