You may be permitted to operate small-scale business from your residential premises within certain limitations. This is known as a Home Activity and is defined by the Development Regulations 2008.
Home Activity must comply with a range of criteria related to floor site, number of people working on the premises, display of products and goods, signage and vehicle use. Provided the business meets the criteria outlined, an application is not required under the Development Act 1993. Where food preparation, handling or sales are involved, you should contact Council’s Environmental Health Officer about legal requirements.
Mandatory Home Activity criteria
- The floor or site area of the business shall not exceed 30m2,
- Not more than one other person in addition to the specified person shall work on the premises at any time,
- No non-domestic requirements shall be placed upon any public utility,
- No products or goods for sale or associated with the business shall be displayed, and,
- No vehicles in excess of 3 tonne tare in weight shall be associated with or service the business, and no detrimental effect on the amenity of any part of the locality.
To ensure there is no detrimental effect on the surrounding locality you must comply with the following:
- No sign other than a non-illuminated sign not exceeding 0.2 square metres and displaying only the name, address and identification of the business or profession shall be permitted, and,
- No nuisance shall be caused to any owner or occupier of land in the vicinity.
Generally, a Home Activity shouldn’t be readily discernible from outside the subject property. People conducting a Home Activity home activity must avoid causing a nuisance through excessive noise, traffic, excessive visitors to the property or frequent trips, activities outside of normal business hours and generation of fumes, dust, smoke or smell. In cases where there is a dispute Council may attempt to resolve issues through mediation.
Where development approval is not required, it’s still advisable to give Council written notice outlining your proposed activity.
If your proposed activity doesn’t meet Home Activity criteria, a development application may need to be lodged. It will be assessed against the relevant provisions of The Barossa Council Development Plan in relation to the proposed land use and zoning requirements. Lodge a development application online.