Home Office, Home Occupation and Home Business

Transcription

1 , Home Occupation and Home Business Introduction This fact sheet provides summary information on requirements for, Home Occupation and Home Business proposals. It is not a definitive document but provides general, overview information to assist the public in understanding the requirements and processes applicable to these proposals. Definitions Home Businesses are divided into three different categories depending upon the level of activity. Below is a general definition for each category, more detailed provisions are contained within this policy for each category (attached at the end of this information sheet). May not employ any person not a member of the household; May not attract any trade / custom to the site and may not have any signage. Home Occupation May not employ any person not a member of the household; Is limited to 20m 2 floor area; May attract some trade / custom; and May permit limited signage. Home Business May employ up to 2 members not members of the household, Is limited to 50m 2: May attract slightly more trade / custom: and May permit limited signage. What do I need to submit? A formal application is not required, instead, an applicant self check-list is required to be completed and submitted to the City. If the application in the opinion of the Council complies with the requirements, it will be signed and a copy returned indicating approval; Fill out the Level 1 form below and submit to the City; No fee involved. Home Occupation and Home Business Formal application required Fill out the Level 2 and 3 form (Applicant Self-Check List) below; Application fee can be found here;

2 Planning Application form required can be found here; A plan of the site and building (i.e. site plans and floor plan) in which the use is applied (including details of floor area associated with the business, car parking, access and signage); Body Corporate approval, where required; Any other information considered relevant; and A written description of the business. Enquiries Enquiries may be made to the City s staff on or by appointment at the City s offices during office hours, Monday-Friday. Further information may be available on the City s website: or the Western Australian Planning Commission s website: DISCLAIMER This publication is intended to provide general information only. Verification with the original Local Laws, planning schemes and other relevant documents is recommended for detailed references.

3 HOME OFFICE (LEVEL 1) - FORM This form is to be used to apply for a (level 1) approval. Where in any doubt about the requirements, applicants should seek the advice of the City s Approval Business Unit. Name: Company Name: Property Address: Type of Business: Contact Ph. No: Details of the business, including nature of business, storage, method of sale, equipment used (ie facsimile, telephone, computer) and operating hours: Additional details may be attached if space below is insufficient. PLEASE ANSWER THE FOLLOWING QUESTIONS IN RELATION TO THE HOME OFFICE. Do you live at the above address? Do you own the above property? If no, you require the written approval of the owner (this must be attached to your application) Is this property strata titled? If yes, you may require the written approval from the Body Corporate Yes No Does any part of the home business affect the common property? If yes, you will require the written approval from the Body Corporate and be attached to this form Is a layout plan of the site and dwelling attached? Does the business use:- Involve the sale, display or hire of goods of any nature? Involve the penetration of skin (e.g. body piercing, tattooing, electrolysis)? Involve the storage, preparation, handling or packing of food stuffs? If yes, please submit Home Occupation level 2 or Home Business level 3 application form and submit an Application for Planning Approval as part of your application Require the provision of any essential service main of greater capacity than normally required for a dwelling? It yes, describe: Attract deliveries of goods and equipment to the site? If yes, please describe in detail (including anticipated frequency, times of day, location of access, delivery vehicle type etc):

4 Involve fuelling, repair, wrecking, panel beating or mechanical maintenance of any motor vehicle? If yes, describe in detail Yes No Cause emission of light, noise, vibration, smell, fumes, smoke, vapour, stream, soot, ash, dust, grit, oil, waste water or waste products? If yes, describe in detail: Require modification to the dwelling? If yes, attached sketch and / or details of modifications required Entail the employment of any person not permanently resident within the dwelling? Attract customers to the site? Occupy an area less than 20m 2? Require an advertising sign? If yes, you are required to apply for a Home Occupation (level 2) Result in a substantial increase in the amount of vehicular traffic in the vicinity? Have you read and understood this form and the home requirements? Signature of Applicant Endorsed: COORDINATOR PLANNING APPROVALS

5 HOME OCCUPATION (LEVEL 2) & HOME BUSINESS (LEVEL 3) FORM This form is to be used in addition to a formal Application for Approval to Commence Development form to apply for a Home Occupation (level 2) or Home Business (level 3) approval. Where in any doubt about the requirements, applicants should seek the advice of the City s Approval s Business Unit. Name: Company Name: Property Address: Type of Business: Contact Ph. No: Application for: Home Occupation (level 2) / Home Business (level 3) (please circle use being applied for - refer to definitions in Information Sheet) Details of the business, including nature of business, storage, method of sale, equipment used (ie facsimile, telephone, computer) and operating hours: Additional details may be attached if space below is insufficient. PLEASE ANSWER THE FOLLOWING QUESTIONS IN RELATION TO THE HOME OCCUPATION / HOME BUSINESS. Do you live at the above address? Do you own the above property? If no, you require the written approval of the owner (this must be attached to your application) Is this property strata titled? If yes, you require the written approval from the body corporate (this must be attached to your application) Yes No Does any part of the home business affect the common property? If yes, you will require the written approval from the Body Corporate and be attached to this form Is a layout plan of the site and dwelling attached? Does the business use:- Involve the sale, display or hire of goods of any nature? Involve the penetration of skin (eg body piercing, tattooing, electrolysis)? Involve the storage, preparation, handling or packing of food stuffs?

6 Require the provision of any essential service main of greater capacity than normally required for a dwelling? It yes, describe: Yes No Attract deliveries of goods and equipment to the site? If yes, please describe in detail (including anticipated frequency, times of day, location of access, delivery vehicle type etc): Involve fuelling, repair, wrecking, panel beating or mechanical maintenance of any motor vehicle? If yes, describe in detail Cause emission of light, noise, vibration, smell, fumes, smoke, vapour, stream, soot, ash, dust, grit, oil, waste water or waste products? If yes, describe in detail: Require modification to the dwelling? If yes, attached sketch and / or details of modifications required Entail the employment of any person not permanently resident within the dwelling? If yes: How many: How many staff parking bays are provided: Attract customers to the site? If yes: Are the customers by appointment only? Will more than one customer vehicle be present at one time? Will more than two customer vehicles be present at one time? Will more than 3 customer vehicles visit the site in one day? Will more than 8 customer vehicles visit the site in one day? How many dedicated parking bays are provided for visitors? Occupy an area less than 20m 2? Occupy an area less than 50m 2? If no, how large an area: Require an advertising sign? If yes, attach a sketch detailing size, location, content, colours etc Result in a substantial increase in the amount of vehicular traffic in the vicinity? Have you read and understood this form and the home office / occupation / business requirements? Date: Signature of Applicant Payment of Application Fee Rec No:

7 Objectives HOME OFFICE, HOME OCCUPATION & HOME BUSINESS Policy Manual To ensure that low scale businesses do not have a detrimental impact on the amenity of surrounding areas; and To enable low scale businesses the opportunity to conduct a business from home. Applications Subject of this Policy All applications conducting a business in a Residential Zone or residential development in a nonresidential zone. Definitions Home Businesses are divided into three different categories depending upon the level of activity. Below is a general definition for each category, more detailed provisions are contained within this policy for each category. May not employ any person not a member of the household; May not attract any trade / custom to the site and may not have any signage. Home Occupation May not employ any person not a member of the household; Is limited to 20m 2 floor area; May attract some trade / custom; and May permit limited signage. Home Business May employ up to 2 members not members of the household, Is limited to 50m 2: May attract slightly more trade / custom: and May permit limited signage. Submission Requirements A formal application is not required, instead, an applicant self check-list is required to be completed and submitted to the City. If the application in the opinion of the Council complies with the requirements, it will be signed and a copy returned indicating approval. Home Occupation and Home Business A formal development application is required to be lodged containing the following: A completed Form 1A Application for Approval to Commence Development ; Application Fee; Policy Manual Section 2, Home Occupation and Home Business City of Stirling Local Planning Scheme No. 3

8 A completed Applicant Self-Check List; Policy Manual A plan of the site and building in which the use is applied (including details of floor area associated with the business, parking, access and signage); Body Corporate approval, where required; Any other information considered relevant; and A written description of the business. Acceptable Development Provisions Common Provisions A person may, with the approval of Council, conduct a, Home Occupation and a Home Business provided that such an occupation does not: Involve the sale, display or hire of goods from the dwelling; Result in traffic difficulties as a result of inadequate parking, an increase in traffic volumes in the neighbourhood or manoeuvring and access into and out of the site; Involve the storage, preparation, handling or packing of food, except where approval for cooking facilities has been granted by the City; Involve the fuelling, repair or maintenance of any motor vehicle on the site; Involve any deliveries or customers outside normal business hours; Adversely affect the amenity of the neighbourhood, as a result of the emission of light, noise, vibrations, odours, dust, waste water or waste products; Involve a use that would be more appropriately located in a non residential zone; Require modifications to the dwelling such that it does not retain a residential character; and Involve the penetration of skin (including body piercing, tattooing and electrolysis) having specific health requirements, which require monitoring and regulation. Specific Provisions Be limited to a business carried out solely within the dwelling; Not employ any person not a member of the occupier s household; Not entail clients or customers travelling to and from the dwelling; Not involve any advertising signs on the premises; and Not require any external changes to the appearance of the dwelling. Home Occupation Not employ any person not a member of the occupier s household; Not occupy an area greater than 20 m² within the dwelling; Not display a sign exceeding 0.2m 2, which must be incorporated into a front fence, wall, structure or building and be sympathetic to the streetscape in design; Not result in the requirement for a greater number of parking facilities than normally required for a single dwelling or an increase in traffic volume in the neighbourhood; Policy Manual Section 2, Home Occupation and Home Business City of Stirling Local Planning Scheme No. 3

9 Policy Manual Not involve the presence, use or calling of a vehicle of more than 2 tonnes tare weight. No more than one customer s vehicle at any given time; and No more than a total of 3 customer s vehicles on any given day. Home Businesses Not employ more than 2 people not members of the occupier s household; Not occupy an area greater than 50m² within the dwelling; Not display a sign exceeding 0.5m 2, which must be incorporated into a front fence, wall, structure or building and be sympathetic to the streetscape in design; Not involve the presence, use or calling of a vehicle more than 3.5 tones tare weight; Provide adequate on-site car parking and manoeuvring areas to the satisfaction of the Council; No more than two customers vehicles at any given time; and No more than a total of 8 customers vehicles on any given day. Council may consider applications for Home Business not complying with these requirements where the additional trade / custom is considered unlikely to impact on residential amenity because of: The specific location of the site; The use of adjoining sites; The availability of sufficient parking; and / or The specific details of the application and proposed operation. Neighbour Consultation In some instances, Council may require neighbour consultation before determining whether to approve a use or not. No consultation required. Home Occupation Abutting properties plus those opposite of a Home Business will be notified in writing after the approval is granted to advise them of the restrictions on the approval. * Home Business All abutting owners will be consulted in writing and given the opportunity to comment. Note * Where the City is concerned about the nature or scale of a Home Business or Home Occupation application, additional consultation may be required. Variations Applications seeking variations to this Policy shall be determined in accordance with the objectives of this Policy. Policy Manual Section 2, Home Occupation and Home Business City of Stirling Local Planning Scheme No. 3