Meeting papers

      AO9.3       The home-based business does not produce noise which exceeds the
                  background noise level plus 5 dB(A) at the site boundaries.
      AO9.5       Noise generating machinery or mechanical plant used for the home-based
                  business is enclosed within a building and not located within 100 metres of
                  a sensitive land use including a dwelling house on an adjoining property.
The use is proposed to be carried out within the existing shed onsite, and as such may be able to
comply with AO5.1 of the Home-Based Business Code requiring the use to be conducted within
an enclosed structure on the site. Although the development may be conditioned to be contained
fully within the shed, with all doors to be closed at all times, it is considered that given the nature
of the use, doors may be required to be opened during operation to allow sufficient ventilation to
the shed. It is therefore considered impractical to condition such a requirement, had the proposal
been recommended for approval.
In addition, at 2 hectares in size, the subject site is substantially under the 4 hectare acceptable
outcome required in the Home-Based Business Code. The original application material did not
provide sufficient information regarding potential impacts of the use, predominantly in relation to
noise, given the relatively small rural lot sizes in the area and proximity to nearby dwelling houses
(refer to Figure 4). As such, an Information Request (IR) was issued on 12 August 2022 requesting
an acoustic report be provided which reviewed noise associated with the operations of the business
and determined whether noise would be heard at the property boundaries. It was also requested
that, should the report identify that noise is audible at the property boundaries, recommendations
be provided to attenuate the noise so that it is not audible beyond the property boundaries. The
applicant declined to provide an acoustic assessment in the Information Request response, stating:
      ‘The cost to obtain a site and operational specific Acoustic Assessment and Report is
      considered to be unnecessary and an onerous expense for the applicant to incur with
      consideration to the small-scale nature of the proposed operation’.
      ‘During normal operation of the business on-site, no noise is heard beyond the site
      boundaries as the mechanical work is undertaken inside the shed’.
Further correspondence with the applicant reiterated Council’s request for an acoustic report to be
provided in order to allow for adequate assessment of the proposal, however the applicant
consistently declined the request. As an acoustic report was not provided, Council cannot
determine compliance with relevant acceptable and performance outcomes in relation to noise
generation and impacts resulting from the use. It is noted that a Council Planning Officer and
Environmental Health Officer attended the site as part of the assessment process, where the
applicant was requested to run mechanical equipment (eg compressor) whilst the officers were on
site, whereby it was determined noise could be experienced outside the subject site when the
equipment was in use. It is considered that utilising the site at least three (3) days per week where
noise is audible off site will result in adverse amenity impacts on surrounding residents, the extent
of which, and potential mitigation measures, cannot be determined without a site and use specific
acoustic report.
The following image details the proximity of surrounding dwellings from the shed in which the
proposed use is to operate, the image identifies that 6 dwellings are located within 200 metres of
the shed.




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