FACTSHEET

DEVELOPMENT AND COMPLIANCE

–ENVIRONMENT
HOME BASEDAND PLANNING
USES
SERVICES - HOME BASED USES
IS
IS DEVELOPMENT
DEVELOPMENT CONSENT CONSENT REQUIRED
REQUIRED FROMFROM c. otherwise,
the displayorof goods, whether in a window or
COUNCIL
COUNCIL FOR HOME BASED USES?
FOR HOME BASED USES? otherwise, or
c. the display of goods, whether in a window or otherwise,
Home
Home Occupations,
Occupations, HomeHome Based
Based Child
Child Care,
Care, Home
Home d. orthe exhibition of any notice, advertisement or sign
Business
Business and Home Industry are considered exempt
and Home Industry are considered exempt (other than a notice, advertisement or sign exhibited
development d. the exhibition of any notice, advertisement or sign
development (not
(not requiring
requiring development
development consent
consent from
from on that dwelling to indicate the name of the resident
Council) (other than a notice, advertisement or sign exhibited on
Council) if they comply with the requirements of
if they comply with the requirements of State
State and the occupation carried on in the dwelling), or
Environmental that dwelling to indicate the name of the resident and
Environmental Planning
Planning Policy
Policy (Exempt
(Exempt and
and Complying
Complying e. thetheoccupation
sale of items (whether
Development) 2008 (SEPP) and State Environmental carried on ingoods or materials),
the dwelling), or or the
Development) 2008 (SEPP) and State Environmental exposure or offer for sale of items, by retail, but does
Planning
Planning Policy
Policy (Education
(Education and
and Child
Child Care
Care Facilities)
Facilities) 2017
2017 e. the sale of items (whether goods or materials), or the
not include bed and breakfast accommodation, a
and The Hills Local Environmental Plan
and The Hills Local Environmental Plan 2019.2019. exposure or offer for sale of items, by retail, but does
brothel or home occupation (sex services).”
not include bed and breakfast accommodation, a
*Otheruses
*Other usesforfor example
example Health
Health Consulting
Consulting Rooms
Rooms are notare not
Home brothel
HOME or home
BASED CHILDoccupation
CARE IS(sex services).”
DEFINED AS:
Home Based Uses as they are elsewhere defined
Based Uses as they are elsewhere defined within The Hills LEP within
The Hills LEP 2019. a. family day care residence (within the meaning of the
2019. It is important to Itconfirm
is important tointended
that your confirmusethatisyour
consistent
intended use is consistent with the terms of a Home Based HOME BASED
Children CHILD CARE
(Education IS DEFINED
and Care Services)AS:
National Law
with the terms of a Home Based Use prior to proceeding.
Use prior to proceeding. a. family dayorcare residence (within the meaning of the
(NSW)),
Children (Education and Care Services) National Law
WHAT ARE THE APPLICABLE DEFINITIONS WITHIN
Note.(NSW)),
A familyor
day care residence is a residence at which a family
THE
WHAT SEPP
AREANDTHE STANDARD
APPLICABLE INSTRUMENT?
DEFINITIONS WITHIN day care educator educates and cares for children as part of a
A Home Occupation is defined under the SEPP and Note. A family day care residence is a residence at which
THE SEPP AND STANDARD INSTRUMENT? family day care service—see the Children (Education and Care
Standard Instrument as: a family day care educator educates and cares for children
A Home Occupation is defined under the SEPP and Services) National Law (NSW)).
“home occupation means an occupation carried on in a as part of a family day care service—see the Children
Standard Instrument as:
dwelling, or in a building ancillary to a dwelling, by one or (Education and Care Services) National Law (NSW)).
“home
more occupation
permanent means an of
residents occupation
the dwelling carried on in not
that does a b. dwelling used for the purposes of a home based
dwelling, or in a building ancillary to a dwelling, by one or
involve: b. a education
dwelling usedand for
care service
the (within
purposes of athe meaning
home based
more permanent residents of the dwelling that does not of the Children (Education and Care Services)
a. the employment of persons other than those education and care service (within the meaning of the
involve: Supplementary Provisions
residents, Children (Education and CareAct 2011) atSupplementary
Services) which the
a. theoremployment of persons other than those residents, Provisions Act 2011) at which the educationany
education and care service is provided at andone
care
or time to no more than 7 children (including
service is provided at any one time to no more than any child7
b. interference with the amenity of the neighbourhood by
b. interference withemission
the amenity of thevibration,
neighbourhood of the person
children providing
(including theof
any child service) all of providing
the person whom
reason of the of noise, smell,
byfumes,
reasonsmoke,
of the emission of noise, vibration,
vapour, steam, soot, ash, dust, smell,
waste the service) all of whom are under the age of than
are under the age of 13 years and no more 4
13 years
of whom are children who do not ordinarily attend
fumes, smoke, vapour, steam, soot, ash, dust, waste or
water, waste products, grit or oil, traffic generation and no more than 4 of whom are children who do not
school.
water, waste products,
otherwise, or grit or oil, traffic generation or ordinarily attend school.

www.thehills.nsw.gov.au | 9843 0555

www.thehills.nsw.gov.au | 9843 0555
A HOME BUSINESS IS DEFINED AS:
A home business means a business carried on in a
dwelling, or in a building ancillary to a dwelling, by one or
more permanent residents of the dwelling that does not
involve:
a. t he employment of more than 2 persons other than
those residents, or
b. 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
c. t he exposure to view, from any adjacent premises or
from any public place, of any unsightly matter, or
d. t he exhibition of any notice, advertisement or sign (other
than a notice, advertisement or sign exhibited on that
dwelling to indicate the name of the resident and the
business carried on in the dwelling), or
e. t he 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
no include bed and breakfast accommodation, home
occupation (sex services) or sex services premises.”
A HOME INDUSTRY IS DEFINED AS FOLLOWS:
“home industry means a light industry carried on in a
dwelling, or in a building ancillary to a dwelling, by one or
more permanent residents of the dwelling that does not
involve:
a. t he employment of more than 2 persons other than
those residents, or
b. 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
c. t he exposure to view, from any adjacent premises or
from any public place, of any unsightly matter, or
d. t he exhibition of any notice, advertisement or sign (other
than a notice, advertisement or sign exhibited on that
dwelling to indicate the name of the resident and the
light industry carried on in the dwelling), or
e. t he 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.”
Under Clause 2.43 of 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.
HOW CAN I GET WRITTEN CONFIRMATION THAT MY
PROPOSAL IS CONSIDERED EXEMPT DEVELOPMENT
AND WHAT DO I NEED TO PROVIDE?
Written confirmation can be obtained from Council
following the submission of a written request. This request
should include the following documentation:
• Covering letter detailing the nature of the proposed use
including hours of operation (where applicable);
• Submission of a Site Plan showing the location of the
dwelling house and any associated parking spaces;
• Submission of a Floor Plan depicting the intended area
of use and confirmation that the identified area is less
than 10% of the total gross floor area of the dwelling;
and
• Evidence of property owners consent for the proposed
‘home bases use’ on the site.
In addition to the above required documentation, payment
of a written planning enquiry fee is required in accordance
with Council’s fees and charges.
For more information, or to submit an Exempt Home Based
Business Assessment Online Form, search for ‘home based
businesses’ on Council’s website.
FURTHER INFORMATION
If you are unsure, please ask — time spent early may avoid
delays later.
Customer Service Centre:
3 Columbia Court, Norwest NSW 2153
Phone: 9843 0555
Duty Town Planner: 9843 0469
Hours: 8:30 am to 4:30 pm, Monday to Friday
Website: www.thehills.nsw.gov.au
DISCLAIMER
This fact sheet provides a summary of the major issues
concerning home based uses. Any person using this
document 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 Centre should be
undertaken. This document is subject to change without
notice.

WHAT OTHER DEVELOPMENT CONTROLS ARE

APPLICABLE?
Under the Building Code of Australia and SEPP, a Home
Occupation, Home Business or Home Industry is not
permitted to exceed 10% of the existing floor area of the
building as this would change the classification of the
building.

www.thehills.nsw.gov.au | 9843 0555