Fact Sheet on Home Businesses, Home Industries
and Home Occupations
TP/4(35)
Date: July 2013
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1.0 Introduction
This Fact Sheet relates to “Home Business”, “Home Occupation” and “Home Industry"
activities within the Local Government Area of the City of Botany Bay. It contains
Council’s development standards and requirements for Home Business, Home Industry
and Home Occupation uses.
Home Businesses, Home Industries and Home Occupations are permitted in a range of
zones under the provisions of the Botany Bay Local Environmental Plan 2013.
Home Businesses and Home Industries require the prior consent of Council – ie a
Development Application is required to be lodged with Council.
Home Occupations do not require the prior consent of Council. It is suggested however
that you write to Council advising Council of the details of your home occupation – ie the
address of the premises, proposed use, and the hours of operation. Council will then advise
you in writing whether or not your proposed use is a home occupation and the
requirements that the home occupation would need to comply with.
2.0 General Definitions
Dwelling house means a building containing only one dwelling.
Residential flat building means a building containing 3 or more dwellings, but does not
include an attached dwelling or multi dwelling housing.
3.0 Aims and Objectives of development for Home
Occupation, Home Businesses and Home Industries
§
To allow the occupants of a dwelling house limited use of part of the dwelling house or
a building ancillary to a dwelling for business, professional or industrial purposes;
§
To ensure that the activities of a “Home Business”, “Home Industry” or “Home
Occupation” do not affect the residential amenity of the area, particularly by the
emission of noise, smell, excessive vehicular or pedestrian movement;
§
To ensure that any building and associated facilities, such as car parking, remain in
character with the amenity of the area;
§
To ensure the operation of the non-residential use is ancillary to the use of the premises
as a dwelling house;
§
To provide activity and natural surveillance in residential areas throughout the day;
§
To promote safety and security of public and private spaces; and
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§
To promote employment and economic development by enabling cottage industries to
emerge, enhancing the diverse and unique character of the area.
4.0 General Criteria
·
The proprietor (or operator) must principally live in the dwelling where the Home
Business, Home Industry or Home Occupation is located. If any other person is
employed as part of the Home Occupation, the other persons must also live in the
dwelling. Only a maximum of 2 persons employed in a Home Business or Home
Industry can live away from the premises.
·
All Home Businesses, Home Industry and Home Occupation uses will be required to
comply with Council’s existing requirements for business identification signage.
·
The Home Business, Home Industry or Home Occupation must not impact on
neighbours by generating noise, vibration, smells, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil or otherwise.
·
Council may restrict the hours of operation to between 8.30 a.m. to 5.30 p.m., Monday
to Friday, and 8.30 a.m. to 12 noon Saturday, with no work to be conducted on
Sundays or public holidays.
·
Home Business, Home Industries or Home Occupations, which generate odours, will
not be permitted.
·
The Home Business, Home Industry or Home Occupation must not impact on
neighbours by generating excessive traffic, by attracting an excessive number of clients
or customers, or by reducing car parking in the vicinity of the home.
·
Car parking shall be made available on-site, behind the building alignment of the
residential dwelling, in accordance with the Council’s Development Control Plan.
·
All loading and unloading is to be conducted on-site and an area for this activity shall
be made available behind the existing building alignment.
5.0 Home Occupations
Home Occupations do not require consent from Council, and are permissible within the
following zones:
·
·
·
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
·
·
·
B1 Neighbourhood Centre
B2 Local Centre
B4 Mixed Use
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·
B7 Business Park
5.1
Definition of Home Occupation
Home Occupation means an occupation that is carried on in a dwelling, or in a
building ancillary to a dwelling, by one or more permanent residents of the
dwelling and that does not involve:
(a)
the employment of persons other than those residents, or
(b)
interference with the amenity of the neighbourhood by reason of the
emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash,
dust, wastewater, waste products, grit or oil, traffic generation or otherwise,
or
(c)
the display of goods, whether in a window or otherwise, or
(d)
the exhibition of any signage (other than a business identification sign), or
(e)
the sale of items (whether goods or materials), or the exposure or offer for
sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex
services) or sex services premises.
6.0 Home Businesses and Home Industries
Home Businesses may be permitted with consent within the following zones:
·
·
·
·
B1 Neighbourhood Centre
B2 Local Centre
B4 Mixed Use
B7 Business Park
Home Industries may be permitted with consent within the following zones:
·
·
·
·
·
B2 Local Centre
B4 Mixed Use
B7 Business Park
IN1 General Industrial
IN2 Light Industrial
6.1
Definitions of Home Business and Home Industry
Home Business means a business that is carried on in a dwelling, or in a building
ancillary to a dwelling, by one or more permanent residents of the dwelling and that
does not involve:
(a)
the employment of more than 2 persons other than those residents, or
(b)
interference with the amenity of the neighbourhood by reason of the
emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash,
dust, waste water, waste products, grit or oil, traffic generation or otherwise,
or
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(c)
the exposure to view, from any adjacent premises or from any public place,
of any unsightly matter, or
(d)
the exhibition of any signage (other than a business identification sign), or
(e)
the sale of items (whether goods or materials), or the exposure or offer for
sale of items, by retail, except for goods produced at the dwelling or
building,
but does not include bed and breakfast accommodation, home occupation (sex
services) or sex services premises.
Note. See clause 5.4 for controls relating to the floor area used for a home business.
Home Industry means a dwelling (or a building ancillary to a dwelling) used by
one or more permanent residents of the dwelling to carry out an industrial activity
that does not involve any of the following:
(a)
the employment of more than 2 persons other than those residents,
(b)
interference with the amenity of the neighbourhood by reason of the
emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash,
dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)
the exposure to view, from any adjacent premises or from any public place,
of any unsightly matter,
(d)
the exhibition of any signage (other than a business identification sign),
(e)
the sale of items (whether goods or materials), or the exposure or offer for
sale of items, by retail, except for goods produced at the dwelling or
building,
but does not include bed and breakfast accommodation or sex services premises.
Note. See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this
Dictionary.
6.2
Home Business and Home Industry Criteria
·
The location of a building or room in which a Home Business or Home Industry
is to be conducted should be given particular attention.
·
In so far as is practicable, the building to be used for the Home Business and
Home Industry should be located as far away from the adjoining residences as
is possible.
·
Home Business or Home Industries, which have a noise impact, will not be
permitted. Council may require the preparation of a Noise Impact Statement
prepared by a suitably qualified Acoustics Consultant.
7.0 Summary
A Home Business, Home Industry or Home Occupation must comply with the above
criteria at all times. Depending on the nature of the Home Business/ Industry/ Occupation,
a Plan of Management for the Home Business/ Industry/ Occupation may be required to
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ensure that all the criteria have been considered appropriately and suitable management
procedures are in place to comply with this Fact Sheet.
To avoid delay, applicants are encouraged to discuss their Home
Business/Industry/Occupation proposal with Council’s Officers prior to lodgement of an
application or letter.
Home Occupation: If the use complies with all the criteria listed in this Fact Sheet
relating to Home Occupations, then Council can deal with your request by written
correspondence. If any of these criteria are not met, then the use is not a home occupation,
and therefore prohibited on the site.
Home Business and Home Industry: If the use complies with all the criteria listed in this
Fact Sheet then Council can consider a Development Application. If any of these criteria
are not met, then the use is not a Home Business or home industry, and therefore
prohibited on the site.
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