This Policy Statement identifies Council's Town Planning Scheme requirements, clarifies the types of businesses likely to be classified as Home Occupations, outlines the main factors considered by Council in the assessment of the application and describes the approval process.

The Shire of Ashburton's Town Planning Schemes provide Council with the discretion to approve small business operations from residential premises as Home Occupations. Within other areas of the Shire, which are not subject to the provisions of the a Town Planning Scheme, Council's Interim Development Order enables it to apply the same types of development control on Home Occupations as Tom Price, Paraburdoo and Onslow.

Council is aware of the special circumstances of living within a sparsely populated region and the effect this has on the availability of certain goods and services for the community. In addition, Council is also aware of the need for increased and varied employment opportunities.

The main factor considered by Council in the assessment of Home Occupation Applications is the likely effects the proposal will have on the amenity of the locality. This may include such factors as visual amenity, noise, activity ("comings and goings") and car parking provision.

Council also recognises that some minor business operations can operate within a residence without the potential to impact on the amenity of the immediate area. In such cases, the approval of Council may not be required. It is necessary, however, to discuss any proposal with a Council Officer prior to the commencement of the business operations, so that the application requirements can be established.

The use of domestic premises for commercial food preparation is limited by the provisions of the Health (Food and Hygiene) Regulations (1993). Council's Environmental Health Officer should be contacted in this regard.

Within the Shire of Ashburton's Town Planning a "Home Occupation" is defined as follows:-

Home Occupation: means a business or activity carried on with the written permission of the Council within a dwelling house or the curtilage of a house by a person resident therein or within a domestic outbuilding by a person resident in the dwelling house to which it is appurtenant that:

does not cause injury to or prejudicially affect the amenity of the neighbourhood including (but without limited the generality of the foregoing) injury, or prejudicial affection due to the emission light, noise, vibration, electrical interferences, smell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, liquid wastes or waste products or the unsightly appearance of the dwelling house or domestic outbuilding or the land on which the business is conducted.

does not entail employment of any person not a member of the occupier’s family.

does not occupy an area greater that twenty square metres.

does not require the provision of any essential service main of a greater capacity that normally required in the zone in which it is located.

does not display a sign exceeding 0.2² in area.

in the opinion of the Council it is compatible with the principal uses to which the land in the zone in which it is located may be put and will not in the opinion of the Council generate a volume of traffic that would prejudice the amenity of the area.

does not entail the presence, use of or deliveries by a vehicle more than two tonnes in weight.

does not entail the presence of more than one commercial vehicle and does not include provision for the fuelling or repairing of motor vehicles within the curtilage of the dwelling house or domestic out-building.

does not entail the offering for sale or display of motor vehicles machinery or goods (other than goods manufactured or serviced on the premises).

does not entail a source of power other than an electric motor of not more that 0.373 kilowatts (0.5h.p.).

With regards to point (I) above, goods may be permitted to be sold from a residential premises by delivery and/or by appointment only. Customers/clients are not permitted to attend the site at will.

The above definition provides scope for consideration of a wide variety of small businesses. Whilst compliance with the Scheme provisions is a prerequisite to any Home Occupation application, each application will be dealt with on its merits where issues such as amenity will be assessed to ascertain the appropriateness of the propos.

Home Occupations may be permitted by Council within the following zones of the specified town sites:-

Tom Price - Residential and Special Rural

Paraburdoo - Residential

Onslow - Residential, Town Centre, Industrial, Rural and Special Rural

Council may also approve Home Occupations within other areas of the Shire of Ashburton which are not subject to the abovementioned town planning scheme areas.

This section of the Policy provides an insight into the type and scale of Home Occupations that Council is likely to favourably consider.

It has been demonstrated that Home Occupations which generate vehicular traffic to a site have the greatest potential to adversely effect the amenity of the surrounding area. This Policy, therefore, categorises Home Occupations as either "Non Traffic Generating" or "Traffic Generating".

All enquiries are to be formalised by writing to the Council and Council's written advice will be forwarded to the applicant. Council is likely to support Home Occupations which do not have a requirement for clientele to attend the residential premises. In fact, a business operation that involves the use of the residence for administration purposes only (eg bookwork, telephone, fax) may not be required to seek Council's approval. The applicant should check with a Council Officer, however, prior to commencing a business of this nature.

Likewise, for a mobile business whereby all activities are conducted at the client's address and the applicant's residence is only used for administration, Council may not require an application to be submitted.

If maintenance of equipment or storage of materials associated with the mobile business is conducted from the residence, then Council is likely to require an application to be lodged.

Council is more likely to support traffic generating Home Occupations when it can be demonstrated that visits to premises by clients can be controlled (i.e by appointment only). Home Occupations that involve a retail, hire or service component from the residence whereby appointments cannot be appropriately structured, are not permitted.

All traffic generating Home Occupation businesses must be able to provide car parking within the existing driveway or elsewhere on the property. Council will not allow street or verge parking.

The sale of goods by party plan, whereby the display and demonstration of the goods takes place at the client’s residence, is not considered to constitute a Home Occupation and does not require the approval of Council.

The provision for a child care service from a habitated dwelling in accordance with the Community Services (Child Care) Regulations 1988, is not considered to constitute a Home Occupation, however, the premises subject to such a proposal still requires inspection by Council’s Environmental Health Officer (in addition to approval from the Department of Family and Children’s Services).

Whilst there is no requirement for a Mobile Hairdresser to apply for a Home Occupation Approval, the operations of such a business must comply with the Hairdressing Establishment Regulations 1972 (as amended). Council is investigating the possibility of introducing registration and health inspection fees for Mobile Hairdressers.

Council is not prepared to allow meats (including fish), vegetables or fruit to be sold or stored for collection from residential premises. Any existing Home Occupations that involve the sale and/or storage of meat, fish, vegetables and fruit shall not be transportable to another property. Once business has ceased

operating from the address where it was approved, Council shall not allow it to continue at another property.

Upon advice from Council’s Environmental Health Officer, and subject to any other provisions of this Policy, Council may approve the sale and/or storage of hermitically sealed foods (not requiring any physical means to preclude spoilage).

Applications for Home Occupations shall not be assessed in terms of the number of existing businesses of a similar nature. Council does not impose restrictions on the number of Home Occupations or business operating in the Commercial Area which are similar in nature. Council’s assessment of applications will be based on the planning criteria identified within this Policy.

Home Occupations may only operate within the following hours:-

Monday - Saturday - 8.00am to 8.00pm

Sunday - 10.00am to 5.00pm

Council retains the right to vary these permitted hours when it is satisfied that there are special circumstances warranting such a change.

The definition of "Home Occupation" states that the business or activity is to be carried out within a dwelling house, the curtilage of a house, or a domestic outbuilding associated with the house.

Council does not support the enclosure of residential carports to accommodate home business activities. Such carport enclosures may only be considered where, in the opinion of Council, no viable alternative is available and/or if alternative options would detrimentally affect the amenity of the residential neighbourhood to a greater degree than the proposal.

Home businesses are required to make use of an existing room within the house or a shed or other building on the property and carport enclosures will only be considered where the applicant can demonstrate such accommodation is impractical or undesirable.

Where Council is prepared to allow the enclosure of a carport for home business purposes, the provisions of Council’s Policy TD012 – Enclosure of Residential Carports, shall apply.

Application

Home Occupation Applications should include the following:-

i) a completed Schedule 1 application form. This is to be signed by the owner, as well as the applicant.

ii) A non refundable Administration fee of $100 and advertising costs applicable at the time of lodgement.

iii) A plan at a scale of 1:100 or 1:50 showing the room/s or shed etc. within which the Home Occupation will be conducted, the location of storage associated with the business, the proposed location of any sign (a separate licence will be required for signage) and provision for on-site car parking (if applicable).

iv) Letters of no objection to the proposal from adjoining/nearby neighbours (including all adjoining owners and owners across the road.

All applications for Home Occupations shall be automatically advertised in the local newspaper and notices shall be placed on Council's public notice boards inviting comments on the proposal. The advertising period shall extend for 21 days from the date of the issue of the local newspaper containing the advertisement.

Council has delegated its power of approval for Home Occupations to the Chief Executive Officer of the Shire of Ashburton.

The applicant shall be advised by letter of the approval, together with a request for payment of an Annual Fee. Upon receipt of the Annual Fee, Council shall then issue formal approval in the form of a Schedule 2. No Home Occupation business is to commence operation until the Schedule 2 approval has been issued.

Any Home Occupation proposal recommended for refusal by the Chief Executive Officer shall be determined by full Council.

Those applications subject to submissions of objection during the advertising period shall also be determined by full Council.

The Annual Fee required for Home Occupations is in accordance with Council’s adopted Schedule of Fees, being payable at 1 September each year. This fee will be calculated on a pro-rata basis if the application is approved after 1 December of any given year.

If the Annual Fee is not received within 21 days of the date of Council's letter advising of approval, then it will be assumed that the applicant no longer wishes to proceed with the proposal and the Home Occupation approval shall be declared null and void.

All Home Occupations shall be inspected and reviewed prior to 1 September each year (i.e. Prior to when the Annual Fee is due).

Subject to the Chief Executive Officer being satisfied that the Home Occupation is operating in accordance with the requirements of this Policy, and upon receipt of the required Annual Fee, a further Schedule 2 Approval shall be issued. The Chief Executive Officer may include, delete or alter conditions of approval in issuing the new Schedule 2.

Council may choose not to renew a Home Occupation approval in the following circumstances:-

. when the scale of the business increases above that initially approved (A revised application would be required to be submitted for Council consideration. Assessment will be undertaken with reference to any relevant Town Planning Scheme provisions and the requirements of this Policy);

. when Council receives substantiated complaints from nearby/adjoining residents regarding the Home Occupation.

Council may withdraw its approval of a Home Occupation at any time if it is of the opinion that the business is not operating in accordance with Council's approval or any other requirements of this Policy.

When a Home Occupation ceases operation voluntarily, written advice to this effect is required so that Council's records can be updated.

Approval of Home Occupations relates only to the land where the use is being carried out. If it is proposed to transfer an existing Home Occupation to a new address, application must be made to Council as if it was a new application. The same requirements applied to new proposals will also apply to the transfer.

To describe the conditions applicable to applications for caretaker accommodation based on industrial land.

Approval may be granted to siting caretaker accommodation in industrial areas within the Shire in accordance with the provisions of its Town Planning Scheme.

And in accordance with this policy:

The accommodation is to contain all facilities for the use of the occupants providing that:

. The total area of the habitable rooms shall not be less than 40 m2, nor greater than 60m2 and;

. A water closet and ablution, laundry and cooking facilities shall be provided as required by or under the Health Act 1911.

The use of the accommodation is restricted to a proprietor, manager, or person in the employ of the industry and their immediate family on that block and having the care, control, or supervision of the business premises on which the accommodation is situated.

Approval to site caretaker accommodation on a Lot in an industrial area, is a particular approval, and is not transferable without prior written approval of Council.

The caretaker accommodation is to be sited at the rear of the Lot, aesthetically integrated with the predominant use of the site, and separately fenced.

No additional flat, caravan, tent, or dwelling of any type will be permitted.

To outline guidelines for the installation and maintenance of street lawns and gardens.

To outline guidelines in relation to the housing of caravans on land other than a caravan park.

Council will not permit the construction of sheds, outbuildings, toilets and other ablution facilities unless in conjunction with a residence for which a building licence has been issued.

Subject to the approval of the Minister (Reg 11(2)(b) a Caravan may be used for human habitation on a lot, zones Residential, subject to a Building Application being first received and a licence issued and to there being satisfactory progress with the building of the residence. The occupation of the caravan in these circumstances will be subject to adequate toilet and ablution facilities. Permission for habitation under these circumstances will initially be recommended for 6 months with the right of Council to recommend to extend approval to two years (in 6 monthly increments) if there is satisfactory progress with the residence.

Facilities are to be made available for tourists for overflow when established caravan parks are full. These are to be: Council controlled properties at Tom Price and Paraburdoo provided toilet facilities are available close by and the Onslow Recreation ground.

To outline guidelines for the construction and/or keeping of boats for recreation on property in residential areas.

The exercising of Council's discretion to approve or refuse an application under this Clause shall be governed by the following provisions:

(a) The construction and/or major repair of boats or recreation vehicles not including routine maintenance or servicing within residential zones shall not be commenced or undertaken without the written consent of Council.

(b) If consent is forthcoming, Council shall take due cognizance of the siting of the craft or recreation vehicle, the construction materials to be used and the length of time during which construction is to take place, and the effect of such works on the amenity and environment of the general neighbourhood. In residential zones, the period of time allowed for construction shall not exceed two years: unless prior consent of the Council is obtained, when the factors of the particular case will receive consideration before such extension of time is approved or refused.

(c) Before granting its written approval, the Council shall seek the written opinions of owners of residential lots which are in close proximity to the subject land; and shall consider these written opinions when reaching a decision on the application for permission to construct or make major repairs to a boat or recreation vehicle.

(d) When the period of construction is extended by consent of Council as per Clause (b) above, the period of extension shall not exceed a further twelve months.

(e) The boat or recreation vehicle under construction and/or major repair shall not be sited in front of any building line, where application is received for it to be sited otherwise, Council may grant its written approval subject to the activities being screened suitably from adjacent roads and/or residences, and subject to any other safeguards of residential amenity which the Council may consider to be appropriate in that particular instance.

(f) The provisions of the Environmental Protection Act shall apply at all times to the construction and/or major repair of boats or recreation vehicles, in respect to the generation of noise, and/or dust.

(g) If approval of Council is granted, it shall retain the right to specify the hours during which the work shall be carried out on any, or all, specific dates.

(h) Approval to construct and/or to make major repairs to a boat or recreation vehicle shall not be construed as a right to construct and/or make major repairs to more than one such craft or vehicle; and Council's approval shall not be granted where construction and/or major repair is being undertaken for the purpose of sale and/or re-sale.

(i) At its discretion, the Council may order operations to be discontinued if complaints are received and substantiated, or if in the opinion of the Council the amenity of the area is prejudiced by the aforesaid operations.

(j) An application for the Council's consent under this clause shall be in the form set out in Appendix (Appendix (proforma) to be prepared if adopted) and shall be submitted to the Council in triplicate together with all plans and other information the Council requires.

(k) In respect to the parking or storage of recreational vehicles on residential land the provisions of paragraph (e) above shall apply insofar as compliance is required or directed with the provisions of Councils By-law relating to the Clearing of Land and the Removal of Refuse Rubbish and Disused Materials.

 

To provide guidelines for applications to erect antennae, radio masts and satellite dishes located within the residential areas of Tom Price, Paraburdoo and Onslow in a manner that does not adversely affect the amenity of surrounding residential properties.

With the exception of standard residential television antennae, the erection of all antennae, radio masts and satellite dishes require the prior approval of Council's Building Surveyor.

If the applicant intends to use the antennae, radio mast or satellite dish for any business or commercial use that may affect the amenity of adjoining/nearby properties, approval from Council's Senior Planning Officer must also be sought.

Antennae, radio masts and satellite dishes must comply with the setback provisions of the Residential Planning Codes and the structural requirements of the building Codes of Australia and Building Regulations of 1989.

Satellite dishes larger that 1.5m in diameter will not generally be supported in residential areas, unless it can be demonstrated that the structure is adequately screened from view or that the structure does not raise an objection from adjoining and nearby neighbours.

Each application is to be accompanied by a guarantee from the manufacturer that the installation will not cause interference to adjoining/nearby residents' receptions.

Where, in the opinion of Council's Building Surveyor, Environmental Health Officer and/or Senior Planning Officer, a proposed structure may adversely affect the amenity of the locality, and for all applications to erect a satellite dish with a diameter greater than 1.5m, the owners of adjoining/nearby lots shall be invited to comment on the proposal in writing within 14 days of notification.

Each application to erect antennae, radio masts or satellite dishes shall be dealt with on an individual basis. Notwithstanding this, the height, bulk and proliferation of stays associated with the structure, in terms of effects on the amenity of the locality will be critical in the assessment of the proposal.

The Building Surveyor and Senior Planning Officer are respectively granted Council's delegated authority to approve applications where no objections are received. All applications which are subject to objection shall be determined by Council.

To ensure that station airstrips are maintained.

Station airstrips are to be graded in conjunction with grading of Station access roads.

To acknowledge Council’s preparedness to contribute towards the construction of crossovers and of the specifications they must comply with.

Council recognises a standard crossover as being 2400mm wide at the property boundary and 4800mm wide at the kerbline or edge of seal, being of concrete construction 100mm thick with F72 reinforcement centrally placed.

Council will subsidise 50% of the cost of construction of a crossover up to a maximum of $1,500 provides it meets these minimum construction dimensions.

Council will only maintain one access road to each individual Pastoral property, notwithstanding that the following roads are not classified as Pastoral "access roads" in accordance with this policy:-

(a) Twitchin Road

(b) Onslow to Peedamulla

(c) Yarraloola-Millstream Road

(d) Ashburton Downs Road & Ashburton Downs-Meekatharra Road

(e) Towera Road and Towera-Lyndon Road

The one access road to be maintained should be the shortest route to the Homestead and where two station leases are being operated by one lessee, access will be maintained only to the permanently occupied principal Homestead.

To detail Council’s requirements in regard to the construction of grids on public roads and on stations and the amount it will contribute towards the construction.

All grids on public roads are to be installed to the satisfaction of the Manager Technical & Development Services.

Council will contribute 100% of the cost of replacing gates with grids on public roads at the station boundary. In all other cases, Council will contribute 50% of the cost of grid installations on public roads.

To outline Council’s commitment to energy conservation.

Council will conserve energy within its operations and activities wherever possible, and will encourage and promote energy conservation in the community generally.

Reduce energy consumption where cost effective.

(a) Reduce waste.

(b) Monitor Council's energy consumption.

(c) Encourage departmental energy cost-saving practices.

(d) Encourage community involvement in energy conservation.

(e) Support initiatives taken by other levels of Government.

 

Promote a more efficient urban form.

(a) Ensure that arterial and sub-arterial routes are as direct as practicable.

(b) Plan the integration of bicycles into the street system.

(c) Ensure modes of commercial, residential and industrial development are integrated in such a way that undue travel distance is avoided.

(d) Plan street orientation to maximise passive solar design opportunities.

Promote and encourage energy conserving design criteria in the siting, construction, alteration and operation of buildings.

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(a) Encourage Architects, Building Designers, Building Contractors, Building Inspection Staff, home and land owners to design, construct or own energy efficient buildings.

(b) Provide an example by constructing all new Municipal buildings irrespective of type, to passive solar design specifications to minimise heating, cooling and lighting operational costs.

(c) Encourage maximum use of solar heating and cooling systems where cost effective.

 

To maintain high amenity and building standards for residential development, and to ensure the provision to covered carparking to accommodate at least one vehicle at each residential dwelling.

Many carports at residential premises within the Shire are located under or attached to the main roof of dwelling, providing a high standard in building design and general amenity.

Council often receives applications to enclose these carports for a number of reasons, including the provision of another room to be used as part of the house, the provision of additional home storage, or the provision of an area to be used form home business purposes.

Council does not encourage the enclosure of carports for the purpose of home businesses. The use of an existing room within the house, or the construction of a separate shed or similar outbuilding, is desirable.

Where the enclosed carport is proposed to be used for purposes other than storage, the construction must comply with the relevant building standards for a "habitable room", including minimum ceiling height, light, ventilation and damp-proofing. If the enclosure is to be used for storage purposes only, some of the "habitable room" standards may not apply.

Two main problems arise with carport enclosure application:

If the enclosure is approved as a room for storage only, how can Council ensure that future tenants will not use it as a habitable room? (Higher safety and amenity standards apply for habitable rooms and Council would not like to see residents’ safety or amenity compromised in any way).

How can adequate ceiling height be achieved without altering the structure of the roof of the house, and without major expense?

This Policy aims to overcome these problems by assessing all carport enclosures as habitable rooms and requiring extra features where a 2.4m ceiling height cannot be readily achieved.

Where a carport enclosure is permitted, the applicant will be required to provide alternative under cover carparking for at least one vehicle, elsewhere on the site, preferably connected to the residence, and in accordance with the setback requirements of the Residential Planning Codes.

Council does not support the enclosure of residential carports to accommodate home business activities. Such carport enclosures may only be considered where, in the opinion of Council, no viable alternative is available and alternative options would detrimentally affect the amenity of the residential neighbourhood to a greater degree than the proposal.

Home businesses are required to make use of an existing room within the house, or a shed or other outbuilding on the property, and carport enclosures will only be considered where the applicant can demonstrate such accommodation is impractical or undesirable.

For the purposes of this Policy, all applications to enclose a residential carport shall be deemed to be defined as a "habitable room" and shall be assessed as such, regardless of the intended use stated.

Applicants to enclose residential carports are subject to the usual requirements of the Building Code of Australia, the Building Regulations 1989, Health Act and the Residential Planning Codes.

Of particular relevance, standards have been set for the following:-

Height of ceilings;

Damp – proofing of floors and walls;

Smoke detection;

Natural lighting and ventilation; and

White ant treatment

Notwithstanding the provisions of the Building Code of Australia, the Building Regulations 1989, Health Act and the Residential Planning Codes, a minimum ceiling height of 2.4m shall be required for all carport enclosure proposals except where the provisions of (iv) below are satisfied.

Where it can be demonstrated to Council that a 2.4m ceiling height cannot be achieved without altering the roof structure of the existing dwelling, or in the opinion of Council the proposal would otherwise detract from the amenity of the surrounding neighbourhood, Council may relax the ceiling height requirements up to a minimum of 2.1 metres, subject to the following additional requirements:

Provision of an appropriate wired in smoke alarm; and

All light fittings to finish flush to the ceiling.

The building materials to be used in the construction of the proposed carport enclosure shall be the same as, or in the opinion of Council, complimentary to the fabric of the existing house.