The National Capital Authority's planning policies are intended to provide inter alia, a high level of amenity in residential areas and to prevent the erosion of this amenity through the introduction of unsuitable commercial uses. Approval may be given to residents to carry out a home business provided that the use is not offensive, dangerous or a nuisance or it is not contrary to the public interest to do so. Home business means the use of residential land for carrying on a profession, trade, occupation or calling on the land.
The National Capital Authority's policies establish, in planning terms, the necessary criteria to determine whether a proposed user of land meets the requirements for consent to conduct a business on land leased for residential purposes.
The National Capital Authority may consent to a home business that is incidental to the residential use of the site provided that:
- at least one worker is a bona fide resident of the land;
- the operation of the home business does not cause unreasonable annoyance, offence, nuisance or danger to any tenant or occupant of adjoining land;
- goods related to the home business are not displayed in windows or outside the building;
- provision is made for the parking of all customer/client vehicles on existing driveways on the land or in a suitably screened location on the land;
- the home business does not, or is unlikely to cause, pollution, create a health hazard or present a danger which is prohibited under any relevant Territory legislation and/or Code of Practice (as may vary from time to time);
- traffic generated by the home business does not unacceptably affect the flow of local traffic;
- the use does not result in the storage on the land of materials obtained for or generated by the home business other than within the confines of approved structures; and
- retailing associated with home business does not, or is unlikely to generate an increase in traffic, parking demand or noise, which is unreasonably deleterious to the amenity of the surrounding area:
Where a home business had previously been regularly approved under Section 10 of the City Area Leases Act 1936, variation from the above controls may be permitted provided they are consistent with the conditions under which previous approval was granted.
In order to restrict the agglomeration of non-residential activities and ensure that the scale of home business is compatible with the residential character of the locality, the following performance standards apply:
- there shall be a maximum of two home business per section;
- the maximum gross floor area of business (including storage) shall not exceed 40 m2;
- there shall be a maximum of three persons (including resident workers) employed on the site; and
- there shall be a maximum of one commercial vehicle operating from or parked within the site.
In this policy:
in relation to an area, a planning area or a locality, includes such quality or condition in the area, planning area or locality as contributes to its pleasantness and harmony and to its better enjoyment.
means the use of residential land for carrying on a profession, trade, occupation or calling on the land.