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Last Updated: Thursday, 02 January 2025 10:46

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Home based businesses are small-scale, unobtrusive businesses operated from residential premises that do not have an adverse impact on the amenity of the surrounding area. Under the Toowoomba Regional Planning Scheme 2012, the planning scheme, a Home Based Business is defined as: 'the use of a Dwelling or Domestic outbuilding on premises for a business activity that is subordinate to the residential use of the premises.'

A range of small scale activities may operate as home based businesses. Examples may include a bed and breakfast, farm stay and dog day care. Other uses may include small scale hairdressers, online retail businesses and cottage arts and crafts, provided items for sale are not visible from outside the premises.

To qualify as a home based business, the use must be consistent with the definition of a Home Based Business.

A business activity will typically not qualify as a Home Based Business where the attributes or characteristics or potentially detract, from the amenity of the surrounding residential area as a result of:

• the business exceeding a scale where it is no longer subservient and ancillary to the primary residential use of the premises;
• the number of employees engaged in the business exceeding that appropriate for a home based business;
• excessive customer generation and increase in traffic movements to and from the site (including customer, employee and commercial vehicle movements);
• the display of goods or materials being visible from outside the dwelling or outbuilding; and
• potential impacts from business activities, such as noise.

Note that businesses involving vehicle servicing or repair are generally not considered to be a Home Based Business.

Certain uses such that may be described as an office e.g. solicitors, accountants, architects, engineers, or health care services e.g. naturopaths, physiotherapists, massage therapists, psychologists, may operate as a Home Based Business, provided they are consistent with the Home Based Business Use Code.

Planning applications for home based businesses

A Home Based Business is accepted development subject to requirements, i.e. a development approval will not be required if it meets the Acceptable Outcomes of the Home Based Business Use Code and requirements of the Planning Regulation 2017. To ensure the business remains at an unobtrusive scale, the acceptable outcomes may include restrictions on:

• the number of residents and non-residents working in the business;
• storage of equipment, goods and materials associated with the use;
• visible display of goods or materials;
• daily visitors and vehicle trips generated by the use;
• the scale and character of the use; and
• operating hours and audible noise.

The above list is not exhaustive, but summarises a number of restrictions to consider for all Home Based Businesses. Specific types of Home Based Businesses such as farm stays and dog day care have additional requirements. The detailed requirements applicable to Home Based Businesses can be found in Part 9.3.4 Home Based Business Use Code of the planning scheme (see Part 9 Development Code) and the Planning Regulation 2017.

In situations where a development approval is required, the category of development and assessment level will be Code Assessment.

Applicants are encouraged to confirm the category of development and assessment level of any Home Based Business proposed by reviewing the Planning Regulation 2017, and the Home Based Business Use Code under the planning scheme (see Part 9 Development Code) or by contacting Council’s Technical Advice Officers on 131 TRC (872).

Please note, rental of part or all of a dwelling house for the purposes of short-term accommodation where the owner is not living within the dwelling house is not considered to be a home based business.

Development application for home based businesses

For information regarding making a development application, please contact Council’s Technical Advice Officers on 131 872.

What happens after I lodge my application?

After your application is lodged, Council will assess it in accordance with procedures outlined under the Planning Act 2016 and subordinate legislation. The stages and duration of the assessment process vary depending on whether the application is subject to Code or Impact Assessment. 

Do I need further approvals?

A range of additional development approvals may be required before a proposed use can lawfully commence. Development permits for building work, operational work (e.g. excavation or filling, vegetation removal, placing an advertising device on premises) or plumbing and drainage work may be required.

Some home based businesses may also require other approvals or licences e.g. hairdressers or beauticians. It is recommended that business operators contact Council to determine if other approvals and/or licences are required.

Further information

For further specific information on home based business requirements, please contact the Technical Advice Officers on 131 872 or visit your nearest Customer Service Centre.

Disclaimer

The information contained in this article is a guide only. This information has been prepared by Toowoomba Regional Council to help people gain an understanding of the Toowoomba Regional Planning Scheme.