Town Planning Report

6.3.   Business Uses Code

An assessment of the proposal against the Probable Solutions in the Business Uses
Code found that it complies with all of the Probable Solutions of the code except
for S53.1 and S59.1 (Please Refer to Appendix B – Code Assessment). The proposal is
considered to comply with the related performance outcomes of the code, which
are addressed below.

O53 The Home-based business does not interfere with the amenity of the
neighbourhood from the operation of machinery or electrical equipment or from
light, noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, grit, oil, dust,
waste.

The proposed swim school will be designed and operated in a way that will not
unduly impact on the amenity of the adjoining neighbours or surrounding
neighbourhood for the following reasons:

   •   Class sizes will be limited to 3 children per class occurring only between the
       hours of 8:30am – 11:30pm and 3:15pm – 5:15pm, 4 days per week.
   •   Children will be supervised at all times by an experienced and accredited
       Austswim instructor that will ensure noise from classes is controlled.
   •   The proposal will include the construction of an acoustic fence along the
       eastern boundary of the site to reduce noise impacts on the nearest
       affected neighbour.

O54 The scale and nature of the business is relative to the lot size and does not
dominate or conflict with the area in which it is situated

The swim school will not dominate or conflict with the surrounding area for the
following reasons:

   •   The proposed home-based business will be utilising an existing pool to
       conduct the business in.
   •   The home-based business is of a scale and intensity that is compatible with
       residential nature of the area.
   •   The pool is situated at the rear of the premises and the business is not visible
       from the street frontage.

O55 The business remains ancillary to the residential use of the site

The business is conducted within an existing pool associated with the detached
house onsite and is of a scale and intensity that will remain ancillary to the
residential use.



                                                                             Page 9 of 10