Response to Information Request

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persons per day, which equates to an additional 24 traffic movements per day, around an 80% increase in
traffic in the street. Furthermore, additional traffic would be generated on the half days when a second
practitioner operates, which could further increase traffic movements by 100% of the average vehicle
movements. The additional traffic movements are significant for a quiet cul-de-sac street and therefore
the business is considered not suitable for the proposed location and the application is unlikely to be
supported.

The key and only area of concern about the development appears to be in relation to the traffic
movements generated by the proposed home based business. It is therefore assumed from the
information request made that there are no other areas of potential non-compliance that need to be
addressed.




Figure 1 – Aerial Photograph

Background

The subject land is located within a cul-de-sac as shown in Figure 1. The subject land adjoins 18 Juniper
Court, which contains dwelling that is removed from the roadway. Further, the dwelling at 16 Juniper
Court also has a substantial landscaped setback to Juniper Court, being on a similar alignment with
dwelling located at 14 Juniper Court. It is noted that the landscaped setback for the dwelling at 14
Juniper Court appears to be substantially greater than the setback to Paldao Rise. Further, the dwelling
at 14 Juniper Court fronts Paldao Rise.

While traffic from the proposed development will pass the dwelling at 14 Juniper Court, this dwelling is
currently affected by a significant amount of traffic that would use Paldao Rise, which connects with
Persimmon Drive (refer Figure 1). Consequently, the traffic movements in Paldao Rise and the eastern
portion of Juniper Court would be considerably higher than the traffic passing 16 and 18 Juniper Court.

The traffic movements generated for the proposed home based business are relative to the nature of
the use. The proposed development provides for an Osteopath business, which is by appointment only.




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The residents of the dwelling run the business with no employees. The business is to occupy about 50m²
of the dwelling with 2 therapy rooms provided and a reception area as shown on the proposal plans.
Two (2) additional carparks are also provided within the site near the head of the cul-de-sac.

It is important to note that while both residents are practitioners in the business, the hours of operation
are as follows:
      • Monday to Friday from 8am to 6pm, being mostly a single practitioner undertaking the work;
      • Monday and Wednesday mornings (only) both practitioners operate from the premises;
      • Clients attend the site by appointment only and generally receive treatment for half an hour at
         a time.

Consequently, while there are 2 practitioners at the premises (both being residents) they are not
operating continually at the same time. In fact, there is overlap for only 2 half days per week when there
would be 4 persons on site that are associated with the business. The applicant is prepared to accept a
condition of approval that restricts the hours of operation to the above.

Planning Scheme

It is important to note the proposed home based business is code assessable and not impact assessable.
Consequently, it would be expected that if the development meets the relevant probable solutions of
the Business Uses Code (part 14.20), then the development would meet the specific outcomes and be
allowed. It is not the case that the proposed development is impact assessable and to be assessed
against the whole of the planning scheme. Further, any adverse submissions received have no relevance
in the assessment and shouldn’t be considered.

Under the Noosa Plan the definition for a Home Based Business – Type 2 Evident states:

        The business is carried out in or below the dwelling unit or any associated building;
        There is visible evidence of the business by way of advertising devices, traffic generation and off-
        street parking provision;
        The business does not include noise generating activities;
        In addition to residents, not more than two employees operate or are engaged in the business;
        Customers or clients may attend the site; and
        The use class includes a business similar to Home-based business Type 1, however the scale and
        potential impact of the business is greater due to the presence of employees.

Consequently, the proposed development by definition above is able to have 2 employees in addition
to residents. Further customers and clients may also attend the site. This means that 4 persons
associated with the business can be onsite at anytime and meet the definition for a Home Based
Business – Type 2 Evident (above).

Visible evidence of the use is also expected in terms of advertising devices, traffic generation and
provision of off-street parking. The proposed development meets this definition, but mostly meets the
requirements for a Home Based Business - Type 1 Limited Visibility, with the exception of the 2 half days
per week, when there are 4 persons on the premises at the same time.

In terms of meeting specific outcome O44, the proposed development clearly meets probable solution
S44, because the development is located within the Detached House. However, probable solution S45.1
is also relevant in terms of scale and the number of people associated with the development and the
subsequent traffic impacts.




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With respect to part a), the proposed development meets this part given that the maximum floor area
does not exceed 50m² as shown on the proposal plans. With respect to part b), there appears to be an
anomaly in the planning scheme. This is because the above definition allows for 4 persons to be
associated with the business at any one time, but this part of the probable solution suggests that 3
persons are to be onsite at any one time (eg. operator, employee and client).

It can’t be the case that for code assessable development, that a use meets the definition, but then is in
conflict with a probable solution. The intent of code assessable development is that if the development
meets the relevant probable solutions then it should meet the specific outcomes and the purpose of
the code.

In this case the proposed development has 4 persons associated with the business at any one time, but
this is for a maximum period of 2 half days per week. Mostly, the development operates with 3 persons
on site at any one time. It is noted that this is the requirement for a Home Based Business Type 1 Limited
visibility (S38.2), which is self-assessable in the Detached Housing Zone.

Consequently, the proposed development meets both probable solutions S44 and S45.1. This being the
case it would be highly unusual if the proposed development did not meet specific outcomes O44 and
O45, given the nature of the use. This is particularly the case given the potential traffic impacts would
be marginally greater than that for a typical Home Based Business – Type 1 Limited visibility, such as a
hairdresser. A hairdresser would typically operate having on average half hour appointments or about
12 customers per day on average.

Planning Scheme Amendments

It is noted that planning scheme amendments are proposed to the Business Uses Code. In particular,
the following is to be amended:




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It is evident from the tables above that the proposed amendments seek to clarify that a Home Based
Business - Type 2 Evident is able to have a maximum of 4 persons onsite for business purposes at any
one time, provided not more than 2 of the 4 are employees.

The proposed development meets this probable solution, given that both practitioners form part of the
business and at any time would have clients. As mentioned above there are no other employees
engaged by the business. Consequently, the proposed development meets the above probable solution
as proposed to be amended.

Amenity Impacts

The proposed development is for a home based business operated by the residents of the dwelling. The
residents do not have any employees, with both residents working on a part time basis. Therefore the
residents are able to deal with all other aspects of the business themselves.

The hours of operation are Monday to Friday from 8am to 6pm. The purpose of the hours of operation
is to allow for some flexibility with patients wanting treatment before or after a normal working day.
This does not mean that from Monday to Friday there will be patients attending the site every half an
hour from 8am to 6pm. It is understood that on average 12 patients currently attend the site per day.

The proposed business operates during normal business hours and does not generate any adverse
amenity impacts during this time. The greatest source for potential impact is due to traffic, which is not
significant in this case. The method for measuring the impact from traffic from the development as
adopted by the Council is not agreed with. It is not reasonable to compare the traffic generation having
regard to the 3 dwellings within this part of Juniper Crescent, without considering nature of the use, the
type of operation and the intent of the planning scheme.

Both practitioners are to practice on the site on a shared basis with an overlap to occur on 2 half days
per week only. On the 2 half days the practitioners stager the appointments. This means that on average
only 1 customer will attend the site every half hour. This equates to 2 additional vehicle movements per
half hour, which is not significant.

While there will be some additional traffic on the 2 half days, which could equate to a vehicle movement
every fifteen minutes (15) at most, this is also not significant. This is because the additional traffic
generated will occur during normal business hours and occur only for a limited period. Further, the
eastern end of Juniper Court currently must have substantial traffic movements, given the through
access provided to Lowry Street from Persimmon Drive. It is noted that this traffic will pass the dwelling
at 14 Juniper Court, which is located closer to Paldao Rise than Juniper Court.

A hairdresser (or 1 of the proposed practitioners) operating from the premises could have 12 clients per
day and would have a similar traffic impact to the proposed development. However, as mentioned
above this type of development would be defined as a Home Based Business Type 1, could operate with
up to 3 persons at any one time on the premises and is self assessable in the Detached Housing Zone.
Consequently, the application is to be assessed having regard to the intent of the planning scheme,
which allows for Home Based Business Type 2 Evident, having more impact than a Home Based Business
– Type 1.

In this case the proposed development will have 3 persons on site for the majority of the time, with
exception of 2 half days per week when the business will operate with 4 persons. Off street vehicle




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parking is to be provided, which means that the vehicles from clients will not be parked in Juniper Court.
It should also be noted that the dwellings at 14, 16 and 18 Juniper Court also have substantial vegetation
at the frontage, which acts as a substantial buffer to Juniper Court.

Attached are 4 letters of support from residents in the locality who have stated that they have no
objection to the proposal. A copy of the letters is provided as Attachments A, B, C & D. It is noted that
1 of the letters of support is from the adjoining property owner at 18 Juniper Court.

Conclusion

The proposed development is for a Home Based Business – Type 2 Evident. The proposed development
will have a maximum of 4 persons on site at any time utilizing a total floor area of 50m² of the detached
house. The hours of operation are to be from 8am to 6pm Monday to Friday and excluding public
holidays. A total of 4 carparking spaces are to be provided on the site and any proposed signage will
not exceed 0.3m² in area.

At any one time the proposed development will have a maximum 4 persons on site associated with the
business, but mostly this will be 3 persons, with the exception of 2 half days per week. This is entirely
consistent with definition for a Home Based Business - Type 2 Evident and therefore must be consistent
with acceptable solution S45.1(b). This is also consistent with S49.1, which requires 4 carparking spaces
to be provided.

If there is any doubt about the number of persons allowed on site with the business at any one time,
this is clarified by the proposed amendments to the relevant provisions under the Business Uses Code.
The proposed amendment confirms that 4 persons associated with the business are able to attend the
site at any time, which is the case with this proposal.

Having regard to the nature and scale of the use, the only source of impact upon the amenity of the
area is from the additional traffic generation. The proposed development on average will generate 2
additional vehicle movements every half hour, which is not significant. As a worst case scenario, the
business will generate 2 additional vehicle movements every 15 minutes, but only for 2 half days
(separate) during the week.

It is expected that on average 12 patrons will attend the site daily, which is currently the case. This level
of traffic is not significant and will not adversely impact upon the amenity of the area. In fact the level
of traffic generation will be marginally greater than some Home Based Business Type 1 uses, such as a
hairdresser, which is a self assessable use in the Detached Housing Zone.

The proposed development is for a consistent, code assessable use, that meets all of the probable
solutions under 14.20 Type 2 Evident of the Business Uses Code. Consequently, the proposed
development meets the relevant specific outcomes when having regard to the intent of the planning
scheme. The proposed development will not have a significant impact upon the amenity of the locality
and should be supported.




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Should you have any questions with respect to the above please contact me. Further, it is requested
that the applicant be advised of the outcome of the assessment before the matter is decided.

Yours faithfully




Shane Adamson (BEngTech, GDURP, MPIA)
Town Planning Expert
Director of Adamson Town Planning Pty Ltd ATF




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