Information for Home Based Enterprises
Home based enterprises such as home-based child care, home occupations, home businesses, home industries, and bed and breakfast accommodation may require Council approval.
On this page:
What is a home based enterprise?
Home-based enterprises are separately defined under the Uralla Local Environmental Plan 2012 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and include the following development types:
- Home-based child care
- Home occupations
- Home occupations (sex services)
- Bed and breakfast accommodation
- Home business
- Home industry
What do the recent changes to the legislation mean?
In October 2020, the Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020 and the State Environmental Planning Policy Amendment (Definitions) 2020 were made to clarify the definition of “home business” and “home industry”.
The amendment removes uncertainty for home businesses and home industries. It allows small-scale online retail activities as part of home businesses and home industries, including online retail sales of items that were not produced on site.
The change to the definitions responds to the changing needs in retail and the economy, acknowledges the growth and increase in online or internet-based sales.
What kind of home based enterprises require approval?
Whether or not approval is required depends on:
- The activity being undertaken; and
- The location (land use zoning) which the activity is to be undertaken.
Some home based enterprises require development consent, others are complying development and some may not require consent at all.
Many home based enterprises do not require approval from Council, such as home occupations where the activity is the provision of a service, or any home business or home industry where there is no change of building use, provided the business does not involve the manufacture of food products or skin penetration procedures.
Where a home business:
- involves a change of building use, or
- involves the manufacture of food products, or
- involves skin penetration procedures,
NSW legislation requires that a development application be approved by Council prior to the home business being undertaken.
Council and the Uralla Shire Business Chamber have developed a list which outlines several general scenarios in which Council approval is or is not required. You can view the Home Based Enterprises Scenarios list here.
Should you be satisfied your enterprise is exempt development, no written approval or confirmation is required from Council. The onus is on the person proposing to carry out the land use to ensure they comply. Where a home based enterprise is not exempt or complying development, a development application will need to be lodged with Council.
Please contact Council’s Development and Planning team on 6778 6300 or email council@uralla.nsw.gov.au to determine whether your proposal requires development consent.
Do I need approval for my home based enterprise?
Whether or not you need Council approval to run your home based enterprise depends on the land use zoning and the activity being undertaken.
Step 1: Check Your Zoning
The Uralla Local Environment Plan 2012 sets out what activities are permitted with or without consent, dependent on the land use zoning.
If you don’t know the land use zoning of your property, visit the NSW Government’s ePlanning website.
You can also contact us on 6778 6300 or via email at council@uralla.nsw.gov.au and we can help you determine the land use zoning of your property.
Step 2: What’s Your Proposal?
The next step is to determine the type of your home-based enterprise. In some instances this may be easy: for example, home-based child care or bed and breakfast accommodation, in others less straightforward, for example, determining whether your enterprise is a home occupation, home business, or home industry.
Council has developed a home-based enterprise checklist to make this step easier – click here to view the checklist.(PDF, 126KB)
Step 3: Submit a Development Application
To apply for development consent for your home-based enterprise, submit a development application. You can download the form on our website here.
Step 4: Check whether there are any other permits you need for the business
Depending on the nature of your home business, you may need to apply for other permits or approvals before you can operate. For example, if you are starting a food business, you will need to register the business with the NSW Food Authority and comply with health and safety requirements.
Home Based Food Businesses
Home based food business involves the handling of low risk food for sale at residential premises using an existing domestic kitchen or a purpose built kitchen within the residential premises.
NSW legislation requires a development application be approved by Council prior to the home based food business being undertaken.
If your business proposal includes manufacturing food for sale, you will be considered to be a food business under the NSW Food Act 2003. All food businesses must comply with the Food Act and the requirements of that act which include the Food Standards Code, in particular the Food Safety Standards 3.2.2 and 3.2.3.
Domestic kitchens may be suitable for the production of low risk foods. Each business will be assessed based on the type of food they are producing and associated risks to determine if their home kitchen is suitable. For example, you will need to demonstrate adequate cleaning and sanitising procedures such as a double bowl sink, hand soap and single use towel, a dishwasher and/or chemical sanitiser, benches and floors that can be easily cleaned, safe food storage such as adequate refrigeration, effective pest control, adequate waste disposal and food handler hygiene. Find out more on the NSW Food Authority website.
Thinking of starting a home based business?
There are many online resources to help you get started:
- Read the NSW Small Business Commissioner’s Starting a Home Business Fact Sheet and Guide to starting and running a home business.
- Council has partnered with Service NSW to make setting up new businesses much easier through the Easy to do Business Programme. This is a one-stop-shop where a personal assigned business concierge will assist with most aspects of your business establishment, including development application preparation and lodgement.
- Visit NSW Business Connect to find a trusted business advisor to help you start or grow your home business.
- Visit Business.gov.au for support, government grants and understand your tax, insurance and license obligations to run a home based business.
Are you being a good neighbour?
If Council receives complaints regarding your home enterprise, we may investigate further. Complaints may mean your proposal does not comply with statutory regulations and is not suitable as a home based enterprise.
Fees
Submission of a development application must be accompanied by the development application fee. Please call Council on 6778 6300 to obtain a development application fee estimate.
Questions?
If you have any questions regarding development consent, we are here to help. Please don’t hesitate to telephone us on 6778 6300 to speak with a member of Council’s Development and Planning team.