Home based business regulations

What is a home based business?

A home based business is a small business that operates from a place of residence such as an architect, hairdresser, graphic artist or even a bed and breakfast. To be defined as a ‘home based business’ the business activity must be small in scale and operate in a manner that is additional to the residential use of the premises. Activities such as mechanical repairs, manufacturing or retail are generally NOT defined as a home based business because of the potential to cause nuisance or detrimentally impact on the residential amenity of the neighbourhood. Home based businesses may operate from dwelling houses, dual occupancies or multiple units, but different criteria apply.

Do I need approval for a home based business?

Residents in most residential and commercial zones are generally able to operate a home based business without submitting a formal application, provided the activity complies with a set of criteria. The criteria, referred to as ‘acceptable outcomes’, are contained in the home based business code of the Fraser Coast Planning Scheme 2014. The acceptable outcomes cover aspects of the home based business including:

  • The proposed location and area used for the activity;
  • The number of customers/clients and employees;
  • Vehicle movements and parking;
  • Hours of operation; and
  • Signage.

A summary of the acceptable outcomes is provided below. When a proposed activity does not comply with one or more acceptable outcomes, a development application must be lodged with Council. Depending on the activity, you may be required to obtain additional approvals (licensing or permits) from Council and/or State Government departments.

Summary of Acceptable Outcomes

Where conducted in a Dwelling house or Dual occupancy:
  • The business may be established within the lot, including in a shed or garage; and
  • The area pertaining to the business is no larger than 40m2 on a lot not more than 2000m2 or 80m2 on a lot more than 2000m2 ; and
  • The business does not attract more than two (2) customers or clients at any one time and no more than eight (8) per day; and
  • Does not involve more than two (2) people, including residents of the dwelling, or where the site is in the Rural residential zone, does not involve more than four (4) people, including residents of the dwelling.
Where conducted in a multiple dwelling:
  • The area pertaining to the business does not involve outdoor use areas and is no larger than 20m2 and 10% of any floor level on which the business is located; and
  • The business does not attract more than two (2) customers or clients at any one time and no more than eight (8) per day; and
  • Involves only persons who are residents.
Bed and Breakfast specific requirements:

Must be conducted within a Dwelling house where:

  • At least one (1) bedroom of the Dwelling house is not used by guests; and
  • The maximum number of bedrooms for guests is 3 and the maximum number of guests at any one time is 6; and
  • Guests are provided with a bedroom capable of being enclosed; and
  • Guests stay no more than 14 consecutive nights, and;
  • A separate bathroom and toilet facility is provided for the exclusive use of guests.
Small scale commercial activities:
  • Small scale commercial activities must be associated with an operational bed and breakfast or farm stay;
  • Small scale commercial activities are limited to a tea house, art gallery, private museum, cellar door, or boutique retail;
  • Only one small scale commercial activity can occur on site; The hours of operation of the small scale commercial activity are limited to between 9.00am and 5.00pm, 7 days a week.
  • No more than twelve (12) customers can access the small scale commercial activity at any time; and
  • A minimum of one (1) car parking space per two (2) customers are provided for customer car parking onsite.
All home based business
  • The Home based business does not produce any dust emissions, notable odours or excessive noise.
  • Loading or unloading of goods is not undertaken by a vehicle larger than a small rigid vehicle (SRV).
  • A maximum of one (1) commercial vehicle is parked/garaged at the premises (no heavy rigid vehicles (HRV) or articulated vehicles (AV)).
  • No more than two (2) customer vehicles associated with the business are to be parked at any one time.
  • One (1) car parking space is provided for customers as well as one (1) space for a non-residential employee (in addition to those required for the primary residential use).
  •  No vehicle is fuelled, serviced or repaired on the premises.
  • Materials or equipment used or goods manufactured, serviced or repaired are stored on the premises.
  • Trade person’s storage and horticultural activities are located at the rear of the dwelling and any vehicle or stored equipment or materials are screened from view from all public places and adjoining premises.
  • Quantities of chemicals or gases or other hazardous materials do not exceed the limits associated with residential activities.
  • The home based business does not involve an activity defined as an environmentally relevant activity in the Environmental Protection Regulation 2008.
  • Goods for sale are not on public display.
  • Hours of operation are between 8.00am and 6.00pm Mondays – Saturdays, except for a Bed and Breakfast or office activities of a home based business.
  • Only one (1) sign is erected on the premises and the sign includes: only the business name; has a maximum area of 0.3m2 , is attached to a fence or wall; and is not illuminated or in motion.
  • No greater load is imposed on any public utility that would reasonably be expected from the normal associated with a residential activity.
  • Storage of flammable and combustible liquids complies with the minor storage provisions of the Australian Standards AS1940 – The Storage and Handling of Flammable and Combustible Liquids.

When a proposed activity cannot comply with one or more acceptable outcomes, a development application must be lodged with Council.

Development Enquiry Form

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