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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Aerial Photograph Principal Statutory Provisions Use Table Zoning MRS Urban LPS3 Residential R20 Use Class Type Home Business A - Not permitted unless approval is granted by the Council Development Standards The objectives of the Residential zone as set out under Clause 4.2.12 of Local Planning Scheme No.3 (LPS3) are:- "a. To provide for residential development at a range of densities with a variety of housing type and size, to meet the current and future needs of the community. b. To provide for a range of non-residential uses, which are compatible with and complementary to residential development." When considering an application for approval such as this, Council is to have due regard to the matters contained under Clause 10.2 of LPS3. The following matters contained within Clause 10.2 of LPS3 are considered most relevant to this application:- The compatibility of a use or development within its setting; Any social issues that have an effect on the amenity of the locality; 238
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 The preservation of the amenity of the locality; The relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal; and Any relevant submissions received on the application. Other Policies Local Planning Policy 2.4 - Home Office, Home Occupation and Home Business Policy The objectives of the Policy are:- To ensure that low scale businesses do not have a detrimental impact on the amenity of surrounding areas; and To enable low scale businesses the opportunity to conduct a business from home. With specific reference to Home Businesses, the Policy prescribes that the business must:- Not employ more than two (2) people not members of the occupier’s household; Not occupy an area greater than 50m² within the dwelling; Not display a sign exceeding 0.5m2, which must be incorporated into a front fence, wall, structure or building and be sympathetic to the streetscape in design; Not involve the presence, use or calling of a vehicle more than 3.5 tones tare weight; Provide adequate on-site car parking and manoeuvring areas to the satisfaction of the Council; Attract no more than two (2) customers’ vehicles at any given time; and Attract no more than a total of eight (8) customers’ vehicles on any given day. Background The subject application DA12/1254 was lodged with the City on 31 May 2012. Following an initial assessment of the application, it was required to be advertised for a period of 21 days. The advertising period for the application closed on 9 August 2012. Assessment Local Planning Policy 2.4 – Home Office, Home Occupation and Home Business Common Provisions:- PROVISION COMPLIES / N/A 1. Is operated by a permanent resident of the dwelling. DOES NOT COMPLY 2. The predominant use of the site remains residential. 239
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