Home-based enterprises
Some business and commercial enterprises may be carried out in a house that’s used as a residence (a dwelling house), if the proposal meets the relevant standards set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP).
The State Policy lists two types of home enterprises that may be carried out in a house as complying development (fast-track approval process):
- bed and breakfast accommodation (refer to these provisions of the State Policy for a full list of development standards)
- home business for the manufacture of food (refer to these provisions of the State Policy for a full list of development standards).
All development must comply with the conditions contained in the Environmental Planning and Assessment Regulation 2000, and the standard conditions located in these provisions of the State Policy.
Other considerations
- Generally, complying development cannot be carried out on:
- land within a heritage conservation area, or a draft heritage conservation area (there are some exceptions, please check the relevant development standards for more information.)
- land reserved for a public purpose
- class 1 or 2 land on council’s acid sulfate soils map
- land in a buffer area
- land in a riverfront area
- land in an ecologically sensitive area
- environmentally sensitive land
- land in a protected area
- land affected by a coastline hazard, coastal hazard or coastal erosion hazard
- land in a foreshore area
- land in the 25 Australian Noise Exposure Forecast (ANEF) System counter or a higher ANEF counter
- unsewered land in a drinking water catchment identified in an environmental planning instrument
- land declared as a special area
- land in an environmentally sensitive area.
- In addition, complying development cannot be carried out on land that:
- comprises an item that is listed in the State Heritage Register (unless an exemption under section 57 of the Heritage Act 1977 has been granted)
- is subject to an interim heritage order (unless an exemption under section 57 of the Heritage Act 1977 has been granted)
- is identified as an item of environmental heritage or a heritage item in an environmental planning instrument (unless an exemption under section 57 of the Heritage Act 1977 has been granted)
- is a critical habitat under the Threatened Species Conservation Act 1995.
- is a wilderness area under the Wilderness Act 1987.