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Plans, policies and reports
Plans, policies and reports

Hauraki Gulf Islands  review

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Issues and options papers

Home Occupation

Issue
"Home occupations" are described in the definitions sections of the District Plan as: "… the use of a lot for an activity which is secondary and incidental to the use of the lot for residential purposes, where the activity

  1. is performed by a member of the household residing in a dwelling on the lot;
  2. is carried on either wholly within the dwelling or within an accessory building erected or modified for the purpose, provided that the activity shall not occupy more than one-third of the floor area of all buildings on the lot;
  3. employs not more than one person residing elsewhere than on the lot;
  4. involves no retail sales from the lot other than of:
    • handcrafts produced on the property
    • fruit, vegetables or other natural products grown on the property;
  5. generates or causes no objectionable noise, smoke, smell, effluent, vibration, dust or other noxious or dangerous effects, or significant increase in traffic."

The purpose of having "home occupations" is to allow people to work from home, but to ensure that any work undertaken from the home is ancillary to its principal use as a residence. "Residential purposes" is defined in the District Plan as any use of land or buildings for a dwelling or for purposes ancillary or incidental to a dwelling, and includes any home occupation and homestay accommodation. Non-residential activities in residential land units are non-complying activities. The purpose of these rules is to ensure that residential amenity is maintained.

Any review of the District Plan needs to consider the shape of the Gulf Islands communities in the next 10 to 15 years. With changing technology and lifestyles, working from home is becoming easier and more acceptable. Also, home occupations may be considered more desirable in the Gulf Islands as transport into commercial areas may be considered time-consuming and expensive. With home occupations the lifestyle can still be enjoyed without the attendant travel.

Essentially Waiheke seeks to provide the opportunity for people to work from home, provided that the activity does not create adverse effects for neighbours. Impacts from home occupations may include noise, traffic, carparking and loss of residential amenity. Should home occupations be encouraged further, in line with Essentially Waiheke, consideration will need to be given to any possible adverse effects.

Possible approaches

You may have a better or alternative approach to those outlined below. If so, we would like to hear from you.

  • Maintain the status quo.
  • Delete the reference to a floor area control, as this has been tested by the court and was not upheld as a valid approach.
  • Provide for a wider degree of home occupations through the District Plan process.
  • Provide specific parking controls for home occupations.
  • List activities that are not included in the definition of home occupations to provide clarity of what is not acceptable.

Note:

While this issue paper can be read in isolation, it is best read in association with the issue papers relating to: