• The majority of the work is performed at customer’s homes however some jobs require sewing or other repairs which require a small workshop base.
• The hours of operation are 7:30 am to 6:00 pm from Monday through Friday with at least 70% of the time away from the workshop.
• The tools involved in the business is a sewing machine and electric powered tools (such as electric drill, battery powered drill and an electric staple gun).
• There will not be any delivery trucks visiting the premises, only the occasional courier van once or twice a month. As the business is no longer marketed as an upholstery recovery service, there will not be any customers coming and going form the property.
• In regards to waste, there will not be any rubbish due to the business being repair only.
• We plan to landscape the front yard to beautify the property.
PUBLIC CONSULTATION
The application was advertised for a period of 21 days from the 11 March 2005 to the 4 April 2005 through letters being sent out to adjoining properties within 50 metres of the subject property. During this period, 11 submissions were received with five offering no objection to the application and six objecting to the proposal on the following grounds:
• Noise concerns
• Traffic concerns
• Concerns that the proposed use has already begun and is causing an amenity issue in regards to the above two points
• Reduction of value of properties within the immediate locality
The above issues are discussed in greater detail within the ‘Report’ section of the report.
The location of the origin of the submissions is appended to this report.
Item 3.5 (Cont’d 5) REPORT
Home Business
The applicant has applied for a Home Business, which is defined as follows:
““Home Business” means a business, service, trade or similar activity carried on in a dwelling, in an approved building on the land or on land around a dwelling by a resident of the dwelling which:
does not entail the retail sale of any goods produced, other than goods manufactured, serviced or repaired in the business;
does not entail employment of more than two persons, not members of the occupier’s household;
in a residential zone, does not occupy an area greater than 50 square metres and in any other zone does not occupy an area greater than 150 square metres, providing that no more than 50 square metres is within a dwelling, no more than 100 square metres is within another approved building and no more than 100 square metres is used for outdoor storage;
will not result in traffic conflict as a result of the inadequacy of on-site and off-site parking;
will not result in a substantial increase in the amount of vehicular traffic in the vicinity;
does not display more than one sign and that sign not exceeding 0.2 square metres in area in a residential zone or 0.6 square metres in area in any other zone;
does not entail the presence, parking or garaging of a commercial vehicle contrary to the provisions of this Scheme;
will not adversely affect the amenity of the neighbourhood in any way including:
- the appearance of any building, works or materials used;
- the transporting of materials or goods to or from the dwelling;
- the hours of operation;
- electrical interference;
- the storage of chemicals, gases or other hazardous materials; or - emissions from the site including noise; and
- does not detract from the residential appearance of the dwelling or domestic outbuilding.”
The main issue to consider in regard to this application is in relation to noise and traffic levels generated as a result of the business and whether they are considered to adversely affect the amenity of the locality.
Amenity Impacts (Vehicle Traffic and Noise)
The applicant has indicated that he anticipates minimal traffic coming to the property. The applicant
Item 3.5 (Cont’d 6)
approval being granted by the City. As the applicant has advised that no trucks or similar are to attend the site, it is difficult to ascertain as to whether this has occurred or not without having seen the alleged situation. It is recommended that a condition be applied should approval be granted indicating that no trucks are to attend the site as per correspondence received from the applicant. It is considered that should the above occur, the traffic associated with the proposed business is considered to be of a residential nature and would not affect the amenity of the locality.
Objections were raised during the advertising period relating to noise issues as a result of the tools proposed to be used for the business. The tools that are being used as part of the business are of an electrical nature (electric drill, staple gun). A site inspection carried out by City Officers from Planning and Environmental Health on the 16 May 2005 observed that noise generated from the electric staple gun was audible from outside the structure with all doors closed. The noise that is being emitted is impulsive (one staple being expended at one time) which can be considered as a more intrusive noise than a constant noise. It is considered that the noise generated is of a lower level (less obtrusive) when all the doors were closed. However the noise can be attenuated further by sealing the open eaves and insulating the garage.
Notwithstanding, it is reasonable to suggest that home owners do use electrical equipment in their workshop or garage and such “low level” noise is considered acceptable in a residential environment.
Further to the noise concerns, as the business has not yet commenced, it is difficult to determine how and to what extent the noise levels will affect adjoining property owners. It is considered that giving a temporary approval would provide the opportunity for the applicant and the adjoining land owners to trial the operations and give the Council an opportunity to re-address any noise concerns. It is noted that Council can rescind any approval should any adverse impacts be considered too extreme under Clause 6.3.12 (d) of the City of Swan Town Planning Scheme where it reads;
“d) if a home business has been carried on with the approval of the Council and if in the opinion of the Council such home business is causing a nuisance or annoyance to neighbours or to owners or occupiers of land in the neighbourhood, the Council may rescind the approval granted by it and after such rescission, no person shall upon the subject land carry on a home business unless a further approval to do so is granted by the Council.”
Property Value
Objections also raised concerns regarding property devaluation. This is not a matter that can be directly considered by the Council in determining the application. The Council should consider the application on its merits in regard to any potential impact on the amenity of the locality.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to approve the application subject to conditions relating to the provisions of the Home Business definition detailed in the Scheme and compliance with the Environmental (Noise) Regulations 1997. Council may choose to approve the application for a specified time frame. This is the recommended option.
Item 3.5 (Cont’d 7)
Implications: The applicant would be able to operate a business from home as indicated above. The Council can impose conditions relating to hours of operation, timeframe of approval (temporary or permanent) and other aspects. The Council can resolve to rescind its approval should it consider the Home Business to be causing a nuisance to the neighbourhood.
Option 2: Council may resolve to refuse the application on the basis that, if approved, the proposal would have an adverse impact on the residential amenity of the area.
Implications: The applicant would have a right of appeal to the State Administrative Tribunal. This would protect the visual and physical amenity of the locality and be consistent with the general amenity provisions of the City of Swan Town Planning Scheme No 9 and the definition of a Home Business.
CONCLUSION
The applicant is seeking approval to operate a business from home entailing the minor repairs of upholstery (lounge suites) at Lot 344 (No. 18A) Hull Way, Beechboro. The applicant will be the sole employee and the business is proposed to be conducted within the confines of a 42m2 brick and tile garage located in the front yard of the property. The application was referred to surrounding landowners for comment - 11 submissions were received, 6 objecting to the proposal on the grounds of adverse impacts on residential amenity associated with noise and traffic.
It is considered that should the operating hours and insulation be controlled through conditions of approval, the proposal will not have an adverse impact in regards to noise. This does not remove the right of Council to rescind the approval should adverse impacts arise. It is recommended that Council grant a 12 month approval for the Home Business after which the Council has the ability to re-assess any issues that may arise as a result of the operations of the Home Business.
ATTACHMENTS
• Location Plan
• Submitted Plans
APPENDICES
Plan showing origin of submissions
STRATEGIC IMPLICATIONS
NilItem 3.5 (Cont’d 8)
FINANCIAL IMPLICATIONS
NilRECOMMENDATION
That the Council resolve to:(1) Approve the application for a Home Business (Upholstery Repair) at Lot 344 (No 18A) Hull Way, Beechboro subject to.
1. The approval being valid for twelve (12) months.
2. The garage is to be insulated to the satisfaction of the Principal Planner.
3. The hours of operation for the Home Business to be carried out on the subject site are to be between the hours of 7:30 am and 6:00 pm Monday to Friday inclusive.
3. Only one sign is to be placed on site not exceeding 0.2m² in size.
4. Storage of any materials and chemicals are to be confined within the existing structure.
5. Compliance with the provision of Clause 6.3.12 of the City of Swan Town Planning Scheme No. 9 relating to Home Business.
6. The premises shall be kept in a neat and tidy condition at all times by the owner to the satisfaction of the City of Swan.
(2) Advise the applicant of the following:
1. In relation to Condition 1, a new application will be required to be lodged prior to the expiry of this approval.
2. In relation to Condition 2, the applicant is required to seal and insulate the open eaves of the brick and tile structure and insulate the roller door to minimise noise emissions from the structure as a result of the operations of the Home Business.
3. Pursuant to Clause 6.3.12 (d) of the City of Swan Town Planning Scheme No 9, the applicant is advised that Council has the right to rescind its approval should the operations of the Home Business, in the opinion of Council, is causing a nuisance or annoyance to the surrounding neighbours.
(3) Advise those who made submissions of Council’s decision.
CARRIED
3.6 PROPOSED HOME BUSINESS (PREPARATION OF ORGANIC GARDEN PRODUCTS) AND RETROSPECTIVE APPROVAL FOR AN EXISTING SHED - LOT 59 (NO. 93) CLAYTON STREET, BELLEVUE
(DA-44/2005) (MIDLAND WARD) (SPS)
KEY ISSUES AND RECOMMENDATION
• The proposal is to conduct a “Home Business” which relates to the preparation of organic garden products within an existing shed on the subject site.
• The applicant also seeks retrospective approval for a shed which is already built on the subject site. The City’s Compliance Officer identified through a neighbour’s complaint that the existing shed on the subject site has been constructed with a ridge height of 5.2 metres which is contrary to the building licence approval for 4.2 metres ridge height. As a result the applicant is required to apply for a retrospective approval from Council.
• The subject site is currently zoned “Residential 1 R20” under the City’s Town Planning Scheme No.9. Home Business is an ‘AA’ use (Discretionary) under the Residential zoning which requires special approval of Council.
• The home business application has been referred to adjoining and nearby neighbours for comment. Eight (8) submissions were received, of which seven (7) submissions were objections. The objectors are mainly concerned about the smell and noise that would emanate from the operation of the home business and the traffic impact that may result.
• The proposed home business complies with all the requirements of the City’s Home Based Business Policy (POL-C-079) except for odour and noise nuisance emanating from the shed.
• The applicant has submitted an “Odour Management Plan” which is believed to fairly reduce the odour that is expected to emanate from the proposed home based business within the existing shed on the subject site. The Plan indicates that the home based business will function with a brand new mixing tank. The previous overhead “spinning agitator” will be completely removed. Instead the formula will be agitated with a pool-pump which only circles it around and can not chop it-up. The troughs which were previously open will be closed by building Perspex boxes over the troughs to stop any odour. Further, an “activated carbon odour box”
will be installed to trap any remaining odour at the filling station. Also, extractor fans and tubing will be used to channel the air from the filling troughs into the activated carbon filter box, which will absorb any odour.
• The shed complies with all the Acceptable Development provisions of the Residential Design Codes except for the ridge height variation. Accordingly, the shed has been assessed in accordance with the Performance Criteria of the Residential Design Codes and is considered to satisfy the performance criteria.
Item 3.6 (Cont’d 2)
The approval of the proposed home business is considered to have a minimal impact on surrounding properties if the odour management plan is implemented properly and the applicant adheres to appropriate conditions imposed by Council. The applicant has to demonstrate to the City that the preparation of the organic garden products does not result in offensive smell. If the home based business is carried on with the approval of the Council and if in the opinion of the Council such a home business is causing a nuisance or annoyance to neighbours or to owners or occupiers of land in the neighbourhood the Council may rescind the approval granted by it. Accordingly, it is recommended that Council grant temporary approval subject to appropriate conditions.
The granting of retrospective approval to the existing shed on the subject site is considered acceptable from a planning point of view. The shed would have no major impact on adjoining neighbours in terms of visual amenity and the streetscape. Accordingly, retrospective approval is recommended to the shed subject to standard conditions.
AUTHORITY/DISCRETION
In accordance with Clause 2.3.1 of Town Planning Scheme No. 9 an approval of the Council is required prior to the commencement of the development.
The Council has discretion under clause 2.3.16 of the Scheme to grant retrospective approval to development already commenced or carried out.
Clause 2.3.9.1 of Town Planning Scheme No. 9 states that in determining the application the Council may resolve to approve (with or without conditions) or refuse to approve the application.
Clause 6.3.12 specifically refers to Home Business.
If the applicant is aggrieved by the decision of the Council, there is a right of appeal to the State Administrative Tribunal within 28 days of the date of Council’s decision.
BACKGROUND
APPLICANT: Daniel Oxenburgh
OWNER: Daniel James Oxenburgh
ZONING: TPS - Residential1 R20
MRS - Urban
STRATEGY/POLICY: Home Based Business Policy DEVELOPMENT SCHEME: Town Planning Scheme No.9 EXISTING LAND USE: Residence and shed
LOT SIZE: 1011m2
DEVELOPMENT AREA: 37.5m2
USE CLASS: Home Business - AA use (Discretionary)
DETAILS OF THE PROPOSAL
The applicant is seeking Council’s approval to conduct a home business activity from an existing shed on the subject site. The proposed home business venture relates to the preparation and sale of organic garden products. The business will be undertaken within a shed and will occupy an area of 37.5m2.
The products include Natural Insect Spray for gardens, Natural Rose Blackspot Spray and Natural
Item 3.6 (Cont’d 3)
Possum Repellent. Ingredients used to produce the above products are garlic, chilli, citronella (citrus extract), plant oil, seaweed extract, piperonyl butoxide and pyrethrum (daisy extract). The applicant advises that there are no toxins in the products and are suitable for use in organic gardens and farms.
The preparation of the above-mentioned organic garden products requires a 1000 litre tank and an agitator to blend the mixture. The mixture flows down a pipe into a simple bottle filling apparatus.
These filling apparatus are normally used in small wineries for filling bottles with wine. The applicant advises that once the mixture is blended there will be no moving parts and no noise. The blending with the agitator is barely audible, and only occurs for around 15 minutes twice a week.
When an order comes in, the tank is filled with water depending on the quantity of the order. For example, if an order comes for 500 bottles, the tank is filled with 500 litres of water. The ingredients are added to the water and the mix is then agitated for five minutes, two or three times during the filling process.
The applicant advises that there is no waste from the process and the tank is wiped out every couple of mixes to keep it clean. All rubbish will be placed in a garden bag which is removed every fortnight.
The applicant is also seeking retrospective planning approval for an existing shed which is built on the subject property contrary to the building licence issued on 24 April 2004. The shed was approved to have a height of 4.2 metres at the ridge line. However, the applicant has built the shed with a ridge height of 5.2 metres. This is a variation to the Acceptable Development provisions of the Residential Design Codes which requires outbuildings in residential zoned properties to not exceed a ridge height of 4.2 metres.
The shed comprises an area of 60 square metres and has a wall and ridge height of 2.4 metres and 5.2 metres respectively. The walls of the shed are all lined with custom orb material and custom orb roof sheeting. The shed is painted green in colour to accord with the character of the area. The shed is setback 1.5 metres from the rear boundary, 2.5 metres from the nearest side boundary and approximately 38 metres from the street. The shed is accessed by a 4 metre wide and approximately 20 metre long brick paved driveway. The remaining 15 metres of drive way will also be brick paved as there are collections of slabs and bricks on site.
The purpose of the shed as advised by the applicant is for the above proposed home business and also for storing household goods, tools and implements and parking a car. A visit to the subject site revealed that the construction of the shed has been completed and all necessary equipment which is detailed in the Odour Management Plan for the preparation of organic garden products has been installed.
DESCRIPTION OF SITE
The subject site is a flatland and is accessed via Clayton Street in Bellevue. At present the property contains a house and a newly built shed which will be used to conduct the proposed business venture.