Following in the general vein of my previous couple of posts, from time to time I am presented with situations that arise through misunderstandings in relation to what uses a structure may be put. I touched on this subject some years back when discussing ‘Change of Use’, and it relates to the whole issue of permissible and ancillary land uses.
For the new rural resident, it is often tempting to look at one’s significantly-larger-than-the-traditional-urban-block land holding and let one’s imagination run wild with the uses to which these wide open spaces could be put. In most cases, if no formal structures are involved, or if structures are relatively small and temporary in nature—a chook run, greenhouse or the like—these uses will be ancillary in nature and require no further consideration.
While formal structures will generally require some form of approval, either as complying development or through the council DA process, it is important to appreciate that the use to which the structure is put, particularly if that changes at some point in time, may also require approval. In this regard, something like a detached garage, or workshop, that is built in conjunction with a dwelling and will only be used for ancillary purposes—i.e. simply supporting the day to day activities of residents of the dwelling—will not involve any additional approval. As we have previously noted, things can get a little more complicated if the use of any structure takes on a ‘life of its own’.
I once encountered one, ultimately very disappointed new resident who purchased an established five-acre property with a view to building a shed from which to operate his furniture manufacturing business. In this case, it would really have been a good idea to check the local regulations, particularly the permissible land uses in a rural residential area, before purchasing the property. Quite apart from that, it would also have been a good idea to give some consideration to how the well-established neighbours might react to the impact of such a proposal on the quiet, rural amenity of the area.
As it is, while “home industry”, defined as “a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity”, is currently permitted in our rural residential areas, a furniture manufacturing business was unlikely to be able to satisfy the associated conditions, which included that it not interfere with the amenity of the neighbourhood.
In this case, the construction of a shed (of appropriate size) would probably have been permissible, but the use to which it was proposed to be put was not. Note that the owner could have used a shed for the pursuit of a ‘hobby’, such as woodworking or furniture restoration, that could be classified as an ancillary land use. However, as soon as the use could be classified as a dominant purpose in its own right, and any commercial use will generally satisfy this test, it would be subject to formal development consent for that use. This would be the case even if an activity started out as a ‘hobby’.
If you think you may be sailing close to the wind with anything you are doing, my general advice is to make sure that you have a good relationship with your neighbours (council most often gets involved as a result of a complaint), especially any who might be impacted by the activities in question. In this respect, it is good to remember that what might be ‘music’ to one person’s ear, or a thing of beauty in the eye of one beholder, may be quite the opposite to another.