Policy Guide for Home Industry and Home Occupation
1 Introduction
This Policy Guide relates to “Home Industry” and “Home Occupation” activities within the Local government area of the City of Botany Bay. It contains Council’s development standards and requirements for both Home Industry and Home Occupation uses.
2 Land Covered by this Plan
This plan applies to all land within the City of Botany Bay where Home Industry and Home Occupation are permitted, such as Residential, Business and Industrial zones.
Development Use-Class Table
In the following table:
A means development may be carried out without consentO means development may be carried out only with consent.
| Development for the purpose of: | Residential A | Residential B |
| Zoning | 2(a) | 2(b) |
| Home Industry | O | O |
| Home Occupation | A | A |
Planning Instruments Applying to the Land
This Policy Guide should be read in conjunction with Botany Local Environmental Plan, 1995.
Overall Aims of the Policy Guide
- To allow the occupants of a dwelling house limited use of part of the dwelling house or associated building for business, professional or industrial purposes.
- To ensure that the activities of a “Home Industry” or “Home Occupation” do not affect the residential amenity of the area, particularly by the emission of noise, smell, excessive vehicular or pedestrian movement.
- To ensure that any building and associated facilities, such as car parking, remain in character with the amenity of the area.
- To ensure the operation of the non-residential use is ancillary to the use of the premises as a dwelling house.
- To provide activity and natural surveillance in residential areas throughout the day.
- To promote safety and security of public and private spaces, and
- To promote employment and economic development by enabling cottage industries to emerge, enhancing the diverse and unique character of the area.
5 Definitions
Under the Environmental Planning & Assessment Model Provisions 1980:
“Home Industry” means an industry carried on in a building (other than a dwelling-house or a dwelling in a residential flat building) under the following circumstances:
- The building does not occupy a floor space exceeding 50 sqm and is erected within the curtilage of the dwelling-house or residential flat building occupied by the person carrying on the industry or on the adjoining land owned by that person, and
- The industry does not:
- Interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil otherwise
- Involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or
- Require the provision of any essential service main of a great capacity than that available in the locality.
“Home Occupation” means an occupation carried on/in a dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling, which does not involve:
- The registration of the building under the Factories, Shops and Industries Act, 1962.
- The employment of persons other than those residents.
- Interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise.
- The display of goods, whether in a window or otherwise.
The display of goods, whether in a window or otherwise. - The exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident), or
- The sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.
“Dwelling-House” means a building containing one but not more than one dwelling.
“Residential Flat Building” means a building containing three or more dwellings.
Floor Space Restrictions
Home Industry
Under this Policy Guide, a Home industry may be carried out in an outbuilding (eg garage, workshop etc) where the total floor space of the area does not exceed 50 sqm. In this regard, Council requires the partitioning off, from foot to underside of roof, of an area of 50 sqm or less within the outbuilding, so that it is in effect a separate building.
Home Occupation
Under this Policy Guide, a Home Occupation may be carried out in a dwelling or residential flat building where the working area does not occupy more than 10% of the floor area of any storey of the dwelling.
7 Employees
The proprietor (or operator) must principally live in the dwelling where the Home Industry or Home Occupation is located. If anyone is employed as part of the Home Industry or Home Occupation, the employees must also live in the dwelling.
8 Signage
All Home Industry and Home Occupation uses will be required to comply with Council’s existing requirements for the erection of signs in residential areas. These requirements restrict signage to a simple notice with a surface area measuring no more than 0.75 sqm, fixed outside the dwelling, showing the name of the residents who live on the site and/or the name of the business. Signs advertising the home business or goods in any of the windows or openings of the dwelling are not permissible.
9 Environmental Effects
The Home Industry or Home Occupation must not impact on neighbours by generating noise, vibration, smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise.
The location of a building or room in which a Home Industry or Home Occupation is to be conducted will be given particular attention. In so far as is practicable, the building to be used for the Home Industry should be located as far away from the adjoining residences as is possible. The location of the Home Occupation within a dwelling should be located away from any adjoining walls.
Council may restrict the hours of operation to between 8.30 am to 5.30 pm, Monday to Friday, and 8.30 am to 12 noon Saturday, with no work to be conducted on Sundays or public holidays.
Council may require the preparation of a Noise Impact Statement prepared by a suitably qualified Acoustics Consultant in circumstances where the proposed Home Industry or Home Occupation is likely to generate significant noise levels.
Home Industries or Home Occupations, which generate odours, will only be permitted if those odours can be controlled on the site.
Home Industries or Home Occupations involving the preparation of food shall provide details of suitable odour-controlling installations such as filtered exhausts (including full manufacturer’s details and specifications) prior to approval being considered. (Note: Applicants should also consult the City of Botany Bay’s Food Premises Code).
10 Traffic Generation
The Home Industry or Home Occupation must not impact on neighbours by generating excessive traffic, by attracting an excessive number of clients or customers, or by reducing car parking in the vicinity of the home.
Car parking shall be made available on site, behind the building alignment of the residential dwelling, in accordance with the Council’s Off-Street Parking DCP.
All loading and unloading is to be conducted on site and an area for this activity shall be made available behind the existing building alignment.
11 Sale of Goods
The Home Industry or Home Occupation must not involve the sale of goods, by retail, from the site.
12 Legislation/Codes
A Home Industry or Home Occupation must not require registration, or have existing registration under the Factories, Shops and Industries Act, 1962.
A Home Industry or Home Occupation must comply with the Building Code of Australia. Where a Home Industry or Home Business results in a different class of building under the Building Code of Australia, a Development Application is required.
13 Development Application Requirements
A Home Industry or Home Occupation must comply with all the above criteria at all times. Depending on the nature of the industry/occupation, preparation of a Plan of Management for the industry/occupation may ensure that all the criteria have been considered appropriately and suitable management procedures are in place to comply with this Policy Guide.
Application to Council, however, please not that commercial and industrial activities are not permissible in the 2(a) and 2(b) zones.
To avoid delay, applicants are encouraged to discuss the proposal with Council’s Officers prior to lodgement of an application. The applicant should take any advice into consideration when preparing the final application. An applicant should submit all the information required in the Policy Guide, the development application form, development and advertising fees and any information that may assist the Council in determining the application. For full details of the requirements for a Development Application, reference should be made to the City of Botany Bay’s Development Application Guide.
For further information regarding the information contained in this Policy Guide, or if you need to lodge a Development Application, contact Council’s Customer Services Counter on 9366 3666 or visit the City of Botany Bay Council Administrative Centre, 141 Coward Street, Mascot.