Planning Regulation 2017

This section applies if, under a local planning instrument, a material change of use of premises for a home-based business is assessable development.

If, under the local planning instrument, the category of assessment for the material change of use is impact assessment, the category of assessment for the material change of use is code assessment.

The code assessment for the material change of use must be carried out against the following assessment benchmarks—

whether no more than 2 persons work on the premises in the home-based business at a time;

whether no more than 2 visitors attend the home-based business on the premises at a time;

the assessment benchmarks in a local planning instrument applying to the premises.

For section 43(5)(c) of the Act, a local planning instrument may not, in its effect, be inconsistent with an assessment benchmark stated in subsection (3)(a) or (b).

However, a local planning instrument is, in its effect, inconsistent with an assessment benchmark stated in subsection (3)(a) or (b) only if the local planning instrument includes an assessment benchmark that relates to—

for subsection (3)(a)—whether no more than 1 person works on the premises in the home-based business at a time; or

for subsection (3)(b)—whether no more than 1 visitor attends the home-based business on the premises at a time.