THE City of Swan has again refused a Brigadoon gutter-cleaning business despite officers recommending approval.

Councillors voted 10–2 at their October 14 ordinary council meeting to refuse the retrospective application for Gutter-Vac Midland at a Camargue Drive property.

Councillors were divided over rural amenity and the cost of defending the decision.

Cr Rod Henderson moved the refusal, arguing the State Administrative Tribunal needed to clarify how the city’s home-business rules applied.

“We need to know where we stand,” he said.

Cr Cate McCullough, who had supported refusing the application in May, said council should reconsider its position and warned against spending ratepayer money defending inadequate reasons.

“That’s not standing up for the community. That’s sending them the bill,” she said.

Cr McCullough and Cr Mel Congerton were the only councillors to oppose the refusal.

Applicants Vijay Kumar and Jyoti Sharma sought approval to operate the existing business from their property at 11 Camargue Drive of about 2ha.

The council report described a business using a 16sqm study and 16sqm of shed space, with three utilities and box trailers parked on the property when not in use.

Employees would leave at 8am and return by 4pm, with no customers visiting and no industrial chemicals or gutter waste stored onsite.

The application returned to council following tribunal mediation after its May refusal.
Council deferred reconsideration in September to obtain further legal advice about whether vehicle parking counted towards the 50sqm home-business limit and whether the operation qualified as a home business.

Cr Henderson argued the business involved commercial work carried out elsewhere and questioned whether the vehicles and employees’ parking pushed its footprint beyond the permitted area.
He said resolving those questions would give council greater certainty when considering similar applications in rural areas.

Cr Aaron Bowman, who seconded the refusal, also questioned how the definition applied to businesses with multiple vehicles and trailers.

He said excluding those vehicles from the business area could allow an operation whose scale exceeded what residents expected from a business run at home.

“We need certainty,” he said.

Deputy mayor Charlie Zannino supported refusal, arguing the operation’s scale and character were inconsistent with Brigadoon’s rural and equestrian setting.

The original consultation attracted 36 submissions, including 30 objections, one conditional submission of support and five submissions raising no objection.

Objections included traffic, the commercial character of the operation and concerns about disposing of gutter waste on the property.

The applicants subsequently removed onsite waste disposal from the proposal, instead proposing to use an approved waste facility.

They also confirmed there would be no additional work vehicles beyond the three utilities and trailers and proposed planting and temporary fencing to screen parked vehicles.

City officers considered those measures sufficient to address the vehicles’ visual impact and recommended approval subject to 13 conditions.

“No waste related to the home business is to be brought onsite,” one proposed condition stated.

Other conditions would limit vehicle numbers and weight, restrict non-household employees to two, require screening and prevent nuisance affecting neighbours.

Officers considered the operation compatible with the area because it would generate little traffic and daytime noise, retain parking onsite and require no vegetation clearing.

The earlier assessment put traffic generated by the business at about 10 vehicle trips each weekday, including employees arriving and leaving.

Officers considered that comparable to an average residential property.

Cr McCullough challenged the argument that working elsewhere prevented the operation qualifying as a home business, pointing to bookings, administration and management undertaken from the home office.

She said that interpretation would also affect mobile mechanics, dog groomers and electricians operating from home.

She disputed including parked vehicles in the 50sqm calculation, saying the scheme dealt separately with traffic and parking.

Cr McCullough said neighbours’ concerns deserved consideration but approval conditions would give the city enforceable controls over the operation.

Cr McCullough also reminded councillors that the applicants were ratepayers, arguing the planning decision had to consider their interests as well as those of neighbours who opposed the business.

Cr Henderson acknowledged defending the refusal could cost ratepayers money but argued residents wanted their concerns resolved and council needed clarity for future applications.

The officer report said another refusal would likely send the matter to a tribunal hearing.