Response to Information Request

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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