2015-11-10 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                              10 NOVEMBER 2015


During the majority of the operating hours 1 practitioner operates and a maximum of 3 people are
onsite at any one time (practitioner, client and waiting client). This complies with the lesser scale
Home Based Business Type 1 provisions. However, while 2 practitioners are operating there is
the potential to have up to 6 people onsite. The applicant’s argument in support of the application
is summarised below:
    when 1 practitioner operates (the majority of the time), the business is equal to the lesser
      scale Home Based Business Type 1(self-assessable), and therefore the assessment is of
      the impact the additional practitioner has on amenity,
    given 2 practitioners operate for only 2 half days per week , the additional practitioner has
      only a minor impact in terms of additional traffic generation,
    there will be only 4 persons onsite at any one time (2 practitioners and 2 clients) consistent
      with the definition of Home Based Business Type 2 – Evident
    an anomaly in the Planning Scheme exists with the definition of a Home based Business
      Type 2. The definition indicates 4 persons can be onsite whereas the Code seeks 3
      persons onsite; and
    the proposed Noosa Plan scheme amendments remove the provision which limit 3 persons
      onsite for Home Based Business Type 2 - Evident
It is agreed the subject Home-based Business would otherwise be self-assessable except for the
2 half days when 2 practitioners are practicing.
As the proposal does not meet the Probable Solution 45.1 for the number of people onsite, the
application must be assessed against Specific Outcomes O44 and O45 of the Code as set out
below:
Specific Outcome O44 and O45
Extent of use and residential amenity

O44 The Home-based business operates such that the level of impact of the business is minor
    having regard to the amenity of the area;
      AND
O45    The Home-based business remains ancillary to the residential use of the dwelling unit;
It is not agreed that only 4 persons would be onsite at any one time when 2 practitioners are
operating. It is considered up to 6 persons (2 practitioners, 2 clients and potentially 2 clients
waiting = 6 persons) could be onsite at any one time. This translates to a possible 4 client
vehicles using the street within an hour.
Juniper Court is a quiet cul de sac and this frequency of vehicles would negatively impact on the
amenity currently enjoyed by the surrounding residents. Although 2 practitioners operate for only
2 days per week, impacts still occur on surrounding amenity.
It is recommended a condition is imposed to limit the number of persons on site to 4 people (2
resident practitioners and 2 clients). This would limit the amount of traffic in the street to only 2
client vehicles rather than 4 client vehicles, reducing the number of vehicles and frequency of
traffic flow. This would then be one additional vehicle above that generated when 1 practitioner is
operating. The current businesses’ appointment schedule would need to be amended for this to
occur.
On this basis and given the points raised by the applicant it is considered the business meets the
provisions of Specific Outcome O44 and O45 of the Business Uses Code.




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