Minutes 26-05-10 - Shire of Shark Bay

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ORDINARY COUNCIL MINUTES – 26 MAY 2010 - 12 -PrécisThe Shire has received development application 6/2010 from Ms J A Rundell of 26Haddon Way Karratha, for approval to operate a Mobile Hairdressing Business withinthe Shire for a period of 1 - 2 weeks every 6 - 8 weeks. This report details the proposaland recommends that the application be refused based upon the intent of the Shire ofShark Bay Town Planning Scheme No. 3 relative to Home Businesses and HomeOccupations.BackgroundThe proposal is for the applicant to provide a mobile hairdressing service toratepayers and occupants within their own home on a permanent basis for 1 - 2weeks every 6 - 8 weeks. The Shire of Shark Bay Town Planning Scheme No. 3requires any person wishing to commence a business within the Shire to obtainplanning approval before commencing the operations of any business. However asthe business of a mobile hairdresser is not specifically mentioned in the zoning tableof the scheme the council needs to determine whether it can be reasonablyconsidered as falling within the type class or genus of activity of any other usecategory.Once that has been established the local authority may;a) determine that the use is consistent with the objectives of the particularzone and is therefore permitted;b) determine that the use may be consistent with the objectives of theparticular zone and thereafter follow the advertising procedures ofclause 9.4 in considering an application for planning approval; orc) determine that the use is not consistent with the objectives of the particularzone and is therefore not permitted.The business of a mobile hairdresser could be reasonably considered as a HomeBusiness or a Home Occupation, but if you assess it based upon either of the aboveinterpretations of the Town Planning Scheme you would find that the use is notconsistent with the objectives of the particular zone and therefore not permitted.Home Businesses means a business, service or profession carried out in a dwellingor on land around a dwelling by an occupier of the dwelling.Home Occupation means an occupation carried out in a dwelling or on land arounda dwelling by an occupier of the dwelling.The Shire also adopted the following Policy pursuant to its Town Planning Schemeand relative to Home Occupations;5.3 Home Occupations(1) Council requires applications, to operate industrial or commercial venturesfrom a residential property, to be in a standard form.(2) Each application shall be considered on its merits with specialconsideration to -ABCDinconvenience and disturbance to neighboursthe reason for not establishing in the appropriately zoned areathe general desirability of the occupationretailing (customers at door)
ORDINARY COUNCIL MINUTES – 26 MAY 2010 - 13 -EFGHIJtransport (deliveries to home)construction/manufacture or repairs from homecustomer and commercial vehicle parkingvisibility of activitynoise and air pollution, andtraffic density(3) Council shall require the provisions of Town Planning Scheme No. 3"Home Occupations" to be fully complied with, together with any additionalconditions Council may decide.(4) Each approval shall be for a period of twelve months ending 30 June andmay be cancelled at expiration of twelve months, or renewed at Council'sabsolute discretion. There shall be an application fee for new licenses andan annual fee of amounts to be determined by Council from time to time.(5) The Building Surveyor shall conduct regular inspections of any approvedpremises to ensure the conditions of the permission are not breached.(6) Advertisements placed in the Inscription Post to include the licencenumber.If Council consider that the use may be consistent with the objectives of theparticular zone but not listed specifically in the zoning table it would need to advertisethe proposal in accordance with clause 9.4.3 of the scheme before it could considergranting approval to the application.CommentThe intent of the Town Planning Scheme in relation to Home Businesses and HomeOccupations is to provide occupiers of dwellings the opportunity to have Councilconsider activities within a residential zone that may be acceptable and notadequately accommodated within appropriate zones for considered rational andjustifiable reasons.Legal ImplicationsThe Shire of Shark Bay Town Planning Scheme No. 3Policy ImplicationsAll relevant policies pursuant to Town Planning Scheme No. 3Financial ImplicationsNilStrategic ImplicationsThe Shire needs to consider whether the provision of a mobile hairdressing service isrequired within the community and any potential economic benefits/negatives.Voting RequirementsSimple Majority Required.Date of Report 14 May 2010
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Minutes 26-05-10 - Shire of Shark Bay

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