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planning report 5 adams st feb 24 · MCU24/0022
AO9
The home-based business does not include an operation that would otherwise be defined as medium impact industry or high impact industry.
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. N/A
The home-based business does not produce noise which exceeds the background noise level plus 5 dB(A) at the site boundaries.
The home-based business does not produce any dust, fumes, smoke or odour emissions discernible beyond the site boundaries.
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.
AO10
Quantities of chemicals, gases or other hazardous materials do not exceed the limits reasonably associated with a residential use.
Storage of flammable and combustible liquids complies with the storage provisions in Section 2 of Australian Standards AS1940 - The Storage and N/A
Handling of Flammable and Combustible Liquids.
AO11
Operation of the home-based business including parking and commercial deliveries is undertaken within the site boundaries. Y
Where the site gains access from an arterial road, distributor road or collector road, vehicle manoeuvring areas are provided in accordance with the
current Australian Standards for off-street car parking so vehicles enter and leave the site in a forward gear.
Where located in a residential zone and gaining access to a local road, the business does not involve heavy vehicles.
The use is directly accessible from a sealed road or a good standard graveled road; and does not gain direct access from a road with a legal speed
limit of 90 kilometres per hour or above.
AO12
Parking is provided in accordance with the Driveways and Parking Code Y
AO13
Development— has a source of power which does not exceed a total connected load of 2.0kW; places a demand on any reticulated water supply of
not more than 3 litres per day per square metre of the floor area related to the business and does not decrease head (pressure) to less than fire-
fighting standard; where in areas not serviced by reticulated water and/or sewerage, does not impose any additional loadings than provided for by
Y
existing on-site water supplies and household wastewater treatment and disposal systems; does not involve the discharge of trade waste to the
reticulated sewerage service or stormwater; and does not place demand on reticulated sewerage services beyond which could be anticipated by
a dwelling house.
AO2 – Site Area
AO2 of the Home-Based Business Code requires a minimum 550m2 for accepted development,
however the site area is 510m2 – therefore requiring a code assessable application. The relevant
Performance Outcome PO2 seeks for Development to occur on a site with adequate area for the
proposed use, without adversely impacting neighbours. The house has been designed to allow for
short-term accommodation within two bedrooms at the front of the site with shared communal garden
and kitchen.
The owner has been operating without compliant since 2018 and has managed all associated
amenity concerns. The area of the dwelling is 188m2 and the two bedrooms utilise 44m2 (23%) of
the total site area. The site also adjoins a quiet local road with sufficient parking provided onsite
(compliant with the detached house requirements at the time of construction (NP2006 - 1 carparking
space)) and 2 spaces available onsite for guests.
Figure 4 – Area layout plan with marked carparking and bedroom areas.
The guests share the kitchen, laundry and living areas with the owner making for a home-hosted
environment that also offers the guests their own privacy. The guests also enter the site from the
street adjacent to their bedrooms, thereby not creating a nuisance to the neighbours. Although not
strictly meeting the 550m2 site area requirement, the proposal meets the corresponding Performance
Outcomes of The Home Based Business Code.
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