Home business

There are a number of residential and rural zones in Hornsby Shire where it is possible to establish a business in your home.

Home-businesses

Home occupation

An occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

  1. the employment of persons other than those residents, or
  2. interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell,fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
  3. the display of goods, whether in a window or otherwise, or
  4. the exhibition of any signage (other than a business identification sign), or
  5. the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

Note: Home Occupations are permitted without consent in the R1, R2, R5 residential zones and RU1, RU2, RU4 and RU5 Rural zones.


Home business

A business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

  1. the employment of more than 2 persons other than those residents, or
  2. interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell,fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
  3. the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
  4. the exhibition of any signage (other than a business identification sign), or
  5. the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

Note: Home Businesses are permitted with consent in the R2 residential zones and RU1, RU2, RU4 and RU5 Rural zones.

See clause 5.4 of the HLEP for controls relating to the floor area used for a home business.


Home-based child care

A dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:

  1. the service is licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,
  2. the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

Note: Pursuant to SEPP (Exempt and Complying Development) 2008 home-based child care is exempt development if it is not carried out on bushfire prone land. Development Consent pursuant to HLEP 2013 is required for home-based child care on bush fire prone land within the R2, R3 and R4 residential zones and RU1, RU2, RU4 and RU5 Rural zones.


Home industry

A dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:

  1. the employment of more than 2 persons other than those residents,
  2. interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
  3. the exposure to view, from any adjacent premises or from any public place, of any unsightly matter,
  4. the exhibition of any signage (other than a business identification sign),
  5. the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation or sex services premises.

Note: Home Industry is only permitted with consent in the RU1, RU2 and RU4 Rural zones.See clause 5.4 of the HLEP for controls relating to the floor area used for a home industry.

Home industries are a type of light industry - see the definition of that term in the HLEP Dictionary.


What other development controls are applicable?

Under the Building Code of Australia and SEPP, a Home Occupation, Home Business or Home Industry isnot permitted to exceed 10 percent of the existing floor area of the building as this would change the classification of the building.

Under the SEPP, a Home Occupation, Home Business or Home Industry is not permitted to include the manufacture of food products or the undertaking of skin penetration procedures.


DISCLAIMER
This web page provides a summary of the major issues concerning home based business. Any person using this information must do so on the basis that not every scenario and issue can be addressed, and discussion with relevant staff at Council’s Customer Service Team should be undertaken. This information is subject to change without notice.