My client is purchasing a property in a ‘Residential Zone’ and wants to run a business from it. Is this allowed?

Welcome to the “Frequently Asked Planning Questions: Conveyancers and Solicitors Edition” blog series, where we dive into those often-tricky planning questions that come up when we’re working with the brilliant Conveyancers and Solicitors we partner with.

Here at AS Planning, we’re all about teamwork, and we regularly help you and your clients navigate the sometimes-complex world of planning in across Victoria. Ever find yourself scratching your head over a particular planning scenario? You’re definitely not alone! We’ve compiled some of the common questions we encounter that we hope will be a real asset to you and your firm in minimising risk, streamlining property transactions and adding value for your clients.

Engage AS Planning for professional support in navigating planning matters, strategic planning advice, and preparing and lodging applications. Request a quote today.

Example Planning Question:

 

“The Section 32 states the property is in a ‘General Residential Zone.’ My client wants to run a small online business from home. Is this automatically allowed?”

Example Scenario:

Your client is purchasing a property in a standard residential area of Geelong. She plans to operate a small business from one of the spare rooms. While the zoning is clearly “General Residential Zone,” you’re unsure if this type of home-based business is permissible without a planning permit or if there are any specific conditions she needs to be aware of.

Planning Perspective Considerations for Residential Zoning and Home Based Businesses:

While a residential zone primarily caters to housing, many planning schemes allow for certain “home-based businesses.” However, this permissibility often comes with specific limitations and criteria.

Key Considerations:
  • Definition of Home-Based Business: Planning schemes usually have a specific definition of what constitutes a home-based business. This often includes limitations on the scale of the operation, the number of non-resident employees, the amount of floor space used, and the impact on the amenity of the surrounding residential area (e.g., noise, traffic, parking, hours of operation).
  • Permit Requirements: Depending on the scale and nature of the proposed business, a planning permit might still be required even if it technically falls under the definition of a home-based business.
  • Amenity Impacts: Councils are concerned about protecting the amenity of residential areas. A home-based business that generates excessive traffic, noise, or parking issues is less likely to be approved or may face enforcement action if operating without a permit.
  • Advertising and Signage: Restrictions often apply to any external signage or advertising associated with a home-based business in a residential zone.

Don’t assume that a residential zoning automatically allows for all types of home-based businesses. Understanding the specific provisions of the local planning scheme is crucial to advising your client correctly.

Is your client planning to operate a business from their new residential property? Contact AS Planning consultants today for expert advice on the permissibility of home-based businesses within specific zones in your local area and comprehensive support preparing and lodging a planning application with your local Council.