STANTHORPE SHIRE COUNCIL HEALTH BUILDING TOWN PLANNING SERVICES MARSH STREET

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STANTHORPE SHIRE COUNCIL HEALTH BUILDING TOWN PLANNING SERVICES MARSH STREET Powered By Docstoc
					                     STANTHORPE SHIRE COUNCIL
                    HEALTH BUILDING & TOWN PLANNING
                                 SERVICES
                      61 MARSH STREET (P O BOX 402)
                           STANTHORPE Q 4380
                  PHONE:(07) 46815535   FAX: (07) 46815540
                         www.stanthorpe.qld.gov.au




Planning Guidelines - Home Based Business
What is a Home Based Business?

A home based business is a business, occupation or profession carried out in a house or in a building
such as a shed within the immediate surroundings of a house when the person conducting the business
lives permanently in the house.

What is not a Home Based Business?

Some very small scale and low intensity uses carried out in a house are not considered to be home based
businesses under the planning scheme. These reasonable, standard uses do not require planning
approval.
These uses include
    o a family day care home; or
    o the use by the resident of part of the house for a business purpose that has no impact on
        neighbours; and
    o where no clients visit the site; and
    o where there are no staff or employees who work at or from the house; and
    o where there are no signs indicating that the house is used for commercial purposes.

Do I need Planning Approval for a Home Based Business?

If your property located in a zone1 where a home based business is Self Assessable it will not require
planning approval if it complies with the Home Based Business Code.

The zones where home based business are Self Assessable are:
   o Rural zone
   o Commercial zone
   o Industrial zone
   o Village zone (where the land on which the house is established is at least 800 m² in area)
   o Preferred Forestry zone
   o Mixed use Zone.

If your property is located in a zone where a home based business is subject to Impact Assessment it will
require planning approval.

The zones where home based businesses are subject to Impact Assessment are:
   o Residential zone
   o Village zone (where the land on which the house is established has an area of less than 800 m²)
   o Conservation zone
   o Community Infrastructure zone

What are the planning requirements for a Home Based Business?

         1.   Only residents of the dwelling house are to be employed on site.
         2.   The total use area of the home based business is to be no more than 45m².




1   If you are unsure call the Council on 4681 5535 to find out the zone in which your property is located.

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       3.   There is to be no sign on the premises other than a home based business sign as described in
            Schedule 5 – Advertising Devices Standards. That is, the sign must
                       be on the premises to which the advertisement relates
                       have an area equal to or less than 0.3 m²
                       bear only the name, telephone number and occupation of the occupant.
       4.   Not more than one commercial vehicle associated with the home based business may be
            garaged on the premises and no fuelling, maintenance (other than cleaning) or repairing is to
            be carried out on the site.
       5.   In the Residential Zone no vehicle exceeding 4.5 tonne gross vehicle mass is to be associated
            with the use or garaged on the premises.
       6.   A High Impact Industry, a Medium Impact Industry or an Environmentally Relevant Activity
            cannot be a home based business.
       7.   No goods are to be displayed on, or sold or offered for sale by retail from the premises except
            by mail order or electronically.
       8.   The hours of operation are to be 8.00 am to 7.00 pm daily except for Sundays and pubic
            holidays.
       9.   In the Residential Zone a licensed trade waste service is required to remove any trade wastes
            from the site.

What should I do if my proposal doesn’t comply with the requirements?

If your proposed application does not comply with the requirements and if you are located in a zone
where a Home Based Business is Self Assessable you must lodge a planning application for Code
Assessment. Council may refuse the application if it is considered that your proposal does not comply
with the intent or the performance criteria contained in the Home Based Business Code.

What should I do if my proposal is subject to Impact Assessment?

An application for Impact Assessment may be approved, refused or approved with conditions. The
application requires public notification. When determining the application Council will consider the
merits of the application, the provisions of the Home Based Business Code and the matters raised by any
submitters.

More Information

It is strongly recommended that you contact Council’s Planning Section on 07 4681 5535 for further
information about the Home Based Business Code and information about how to make an application.

A copy of the Home Based Business Code which forms part of the Stanthorpe Shire Planning Scheme is
attached.

The whole of the Planning Scheme may be downloaded from www.stanthorpe.qld.gov.au

The Shire Economic Development Manager can offer assistance in evaluating your business idea and help
to establish a new home based business. The contact number is 07 4681 5528.


Other useful guidelines :           How to make a Code Assessable Application
                                    How to make an Impact Assessable Application




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          Division 5 – Home Based Business Code
8.11      Purpose

          The purpose of this code is to:

          (a)      provide for the operation of small scale businesses in association with a dwelling house provided
                   that there is no adverse impact on the amenity or character of the area as a result of the operation
                   of business; and
          (b)      ensure that home based businesses do not cumulatively undermine the viability of the central
                   business district.

8.12      Applicability

          (1)      This code applies to home based businesses and development for, or associated with, this
                   purpose.

          (2)      For the purposes of self-assessable development, compliance with a code shall be deemed to
                   have been achieved where the stated acceptable solutions have been complied with. If
                   compliance cannot be achieved, the development will require code assessment.

          (3)      If there is no acceptable solution stated for a particular performance criteria, then the performance
                   criteria will not be applicable to self-assessable development.


8.13      Performance Criteria and Acceptable Solutions

                                            Home Based Business Code
                  Performance Criteria                                       Acceptable Solutions
P1     The use is limited to a small scale operation in     AS1(1)        Only residents of the dwelling house are
       recognition of the predominantly residential                       employed on site.
       nature of the use and the preference for all but
                                                            AS1(2)        The total use area of the home based
       the smallest of businesses to be located in the                                    2
                                                                          business is 45m .
       commercial areas.
P2     The use does not visually change the character       AS2           There is no sign on the premises other
       of the area in which it is located.                                than a home based business sign as
                                                                          described in Schedule 5 – Advertising
                                                                          Devices Standards..
P3     The use does not impose a load on any road or        AS3(1)        Not more than one commercial vehicle
       public utility greater than that required for the                  associated with the home based business
       typical development in the locality and does not                   is garaged on the premises and no
       cause a noise or odour nuisance.                                   fuelling, maintenance (other than
                                                                          cleaning) or repairing is carried out on the
                                                                          site.
                                                            AS3(2)        In the Residential Zone no vehicle
                                                                          exceeding 4.5 tonne gross vehicle mass is
                                                                          associated with the use or garaged on the
                                                                          premises.
                                                            AS3(3)        The home based business is not a High
                                                                          Impact Industry, a Medium Impact
                                                                          Industry or an Environmentally Relevant
                                                                          Activity.
                                                            AS3(4)        No goods are displayed on, or sold or
                                                                          offered for sale by retail from the premises
                                                                          except by mail order or electronically.
                                                            AS3(5)        The hours of operation are 8.00 am to
                                                                          7.00 pm daily except for Sundays and
                                                                          pubic holidays.
                                                            AS3(6)        In the Residential Zone a licensed trade
                                                                          waste service removes any trade wastes
                                                                          from the site.




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