26th March 2020

Operating a business from home

Covid-19 is forcing people to change their work behaviour in a dramatic way, particularly how businesses conduct travel and remote working and how self-employed people continue to operate.

You do not need Council approval to set up your office workstation if your employer is encouraging or requiring you to work from home. You are also allowed to operate small-scale business from your home within certain limitations. This is known as a Home Activity.

A Home Activity is the use of a site by a resident that complies with the following:
- the floor or site area of the business shall not exceed 30m²
- no more than one other person in addition to the resident shall work on the premises at any time
- no non-domestic requirements shall be placed upon any public utility
- no products or goods for sale or associated with the business shall be displayed
- 3 tonne tare weight limit for vehicles associated with or service the business
- there shall be no detrimental effect on the amenity of any part of the locality
- no sign other than a non-illuminated sign not exceeding 0.2m² and displaying only the name, address and identification of the business or profession shall be permitted
- no nuisance shall be caused to any owner or occupier of land in the vicinity

What type of activity may be deemed a nuisance?
Nuisance is considered to be an activity that is an annoyance to another person and may include:
- excessive noise (e.g. use of electrical equipment such as angle grinders);
- traffic – significant deliveries, significant parking requirements, on and off-site;
- excessive number of visitors to the property, frequent trip generation;
- impacting activity outside of normal business hours; and
- generation of fumes, dust, smoke, smell, etc.

Is a Development Application necessary?

Provided the business is conducted within the above Home Activity criteria, an application to Council is not required under the Development Act, 1993. However, a food business MUST be registered with Council. Food Business Notification form can be found on Council’s website.

If your proposed activity does not conform to the criteria of a Home Activity, a Development Application may be required to be assessed against the relevant provisions of the Loxton Waikerie Council Development Plan in relation to the proposed land use and zoning requirements.

Please note that this information is subject to National Cabinet and SA Health direction and legislation under other applicable acts i.e. Food Act 2001.

Further health and COVID-19 advice can be found at www.sahealth.sa.gov.au

If you are in doubt or wish to discuss operating a business from home, please contact Council on 8584 8000.