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Application of Section 64 Charges to Small Home Based Businesses

Last Post 14/03/2020 3:31:13 PM by Brendan Guiney. 2 replies.
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Application of Section 64 Charges to Small Home Based Businesses

12-03-2020 07:19 PM
 
Singleton Shire Council
by Singleton Shire Council
Joined 01-01-0001 12:00 AM
Posts 2
Singleton Council has received an application for a development which will involve a change of use from a garage to a beauty salon as a home based business. Under the BCA where changes of use accounts for less than 10% of the floor area of the existing use, no additional requirements (as would apply for a commercial building) are applied and the building remains classified 10A.
The home business will use an existing wash basin for which additional water and sewer loadings were assessed in accordance with the Water Directorate’s Section 64 Determinations of Equivalent Tenements Guidelines and headwork’s charges applied.
The applicant has appealed the determination of the head works charge on the basis that the change of use is immaterial, referring to the BCA position, and that application of headworks charges to small home based business is unjustifiable.
I am just putting this out to the group to see how other Councils treat small home based businesses wrt application of s64 charges.
It would also be good to know how other Councils are treating with other smaller developments such as those built under the Affordable Housing SEPP.
Paul McKoy
Development Engineer Water and Sewer

Re: Application of Section 64 Charges to Small Home Based Businesses

13-03-2020 01:58 PM
 
brett.corven@esc.nsw.gov.au
by brett.corven@esc.nsw.gov.au
Joined 13-11-2015 09:54 AM
Posts 17
I would ignore it. This is a single operator that will probably work casual hours and just wants to work from home to avoid child/after school care costs. It's different to a shop with 3-4 hairdressers working 8 hour days. If the operator moves house or closes and starts working out of a shop then you have dwelling with >1 credit and they don't get their money back.
i would just require a trade waste agreement.
Brett Corven, Eurobodalla Shire Council

Re: Application of Section 64 Charges to Small Home Based Businesses

14-03-2020 03:31 PM
 
Brendan Guiney
by Brendan Guiney
Joined 02-08-2019 03:32 PM
Posts 8
Just comment on the question on Affordable Housing - although they are not obliged to in any way - some Councils have a policy in place waiving (or discounting) water/sewer development charges for new secondary dwellings built under the the Affordable Housing SEPP, such as Lismore, MidCoast, Eurobodalla, Ballina. Cheers Brendan Guiney | Executive Officer | Water Directorate
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