Minutes 26-05-10 - Shire of Shark Bay

ORDINARY COUNCIL MINUTES – 26 MAY 2010 - 39 -not considered to be an activity that is in compliance with the provisions of theShire of Shark Bay Town Planning Scheme No. 3.The motion was put forward and declared.PrécisThe Shire has received development application 5/2010 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 -