MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – HOME-BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY, COOTHARABA (Referred from Planning & Environment Committee Meeting dated 11 July 2023 - Item 5.5) · ATTACHMENT 1 - MCU22 0120 - PLANNERS REPORT

Safety, Amenity and Effects of Use
The follow provisions of the Rural Zone Code are relevant to the proposal:
6.8.3.2     Purpose and Overall Outcomes
            (1)   the purpose of the Rural zone is to
                  (a)    provide for rural uses and activities; and
                  (b)    provide for other uses and activities that are compatible with:
                         (i)   existing and future rural uses and activities; and
                         (ii) the character and environmental features of the zone
            (2)   The overall outcomes sought for the Rural zone are as follows:-
                  (m)    Home-based businesses which add to the economic sustainability of the
                         hinterland are established where the nature, scale and intensity of the
                         activity is compatible with the character and amenity of the surrounding
                         locality.
6.8.3.3     Assessment Criteria
            PO1         Land uses in the Rural zone are limited to those which are compatible with
                  agriculture and the protection of environmental and landscape values.
            PO9 Development does not result in environmental harm or environmental nuisance
                to sensitive land uses*.
                  *’sensitive land uses’ includes (but is not limited to) a dwelling house.

The follow provisions of the Home-Based Business Code are relevant to the proposal:
9.3.6.2     Purpose and Overall Outcomes
            (1)   The purpose of the Home-Based Business Code is to ensure that Home-based
                  businesses are established and operated in a manner which:
                  (b)    protects the amenity of surrounding premises;
            (2)   The overall outcomes sought for home-based businesses are:-
                  (a)    A home-based business is domestic in scale and operates in a manner that
                         is subordinate to the residential use on the premises.
                  (b)    A home-based business is compatible with the preferred character of the
                         local area.
                  (c)    A home-based business operates without compromising the safety of, and
                         amenity enjoyed by, adjoining and nearby residents.

9.3.6.3.1   Assessment Criteria
            PO1         Home-based business is located where it does not impact on the
                  residential amenity enjoyed by users of adjacent premises.
            PO5 The home-based business is an inconspicuous component of the primary use of
                the dwelling as a permanent residence.
            PO9 The nature and operation of the home-based business does not result in noise,
                vibration, odour, dust, other air pollutants, light, glare or radio or electrical
                emissions that can be experienced outside the subject property.
The following Acceptable Outcomes of the Home-based Business Code are relevant:
     AO5.1        Development is conducted:
                  (a) within a dwelling; or
                  (b) within another enclosed structure on the site of a dwelling house.
     AO9.2        On properties less than 4 hectares in area the home-based business does not
                  include an operation that would otherwise be defined as low impact industry.