Australian Community Pharmacy Authority Applicant's Handbook
3. Distance requirements
Almost every application for approval, whether it is for the establishment of a new approval or the relocation of an existing approval, must include evidence that demonstrates that it meets the relevant distance requirement. This is a mandatory requirement in order for an application to be considered valid, except for applications made under:
Rule 101: relocation within shopping centre or private hospital;
Rule 110: relocation to large shopping centre; or
Rule 111: relocation to private hospital.
The pharmacy location rules specify that the measurement must be taken from the mid point at ground level of the public access door of each of the premises. If there is more than one public access door of either or both of the premises, the measurement must be taken from the public access door nearest to the other premises (i.e. the shortest measurement that can be taken).
3.1 Straight line measurement
This is a straightforward method of measuring. It is like drawing a straight line between two points and measuring that line.
3.2 Shortest lawful access route measurement
The shortest lawful access route is one generally available to be taken between premises that could reasonably be used by average persons travelling that route. It can be by car, walking or any other legal means of travel, or a combination of these. The route can include travelling through public land such as parks and reserves. It must be one available to most members of the public rather than one catering to persons or groups with specialised needs.
It should take into account relevant factors such as traffic conditions, safety, proximity to solid objects and general common sense (such as whether the route is prone to flooding).
3.3 Distance from existing pharmacy
The application must include evidence which demonstrates that the proposed premises are within a specified distance of the existing premises, as detailed below:- For Rule 104: short distance relocation (1 km), the proposed premises must be no more than 1 km, by straight line, from the existing premises.
- For Rule 105: short distance relocation (between 1 km and 1.5 km), the proposed premises must be more than 1 km but no more than 1.5 km, by straight line, from the existing premises.
If the distance separating the existing and proposed premises is substantially less than the required distance, it may be sufficient to provide a scaled map, indicating the two premises and the approximate straight line distance (using the scale as a basis).
If the distance between the existing and the proposed premises is very near to the required distance, applicants should provide a surveyor’s measurement of the straight line distance. Any surveyor’s report should include a clearly marked scaled map, a description of the methodology and equipment used in the measurement, the straight line distance measured and the margin for error in the measurement, and detailed information about the public access doors to each relevant premises.
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3.4 Distance from nearest pharmacy
The application must include evidence which demonstrates that the proposed premises are within a specified distance of another approved pharmacy.
An approved pharmacy means any premises in respect of which a pharmacist is approved and includes any premises at which the ACPA has recommended that a pharmacist be approved, even if the pharmacy is not yet operating. It does not include an approved pharmacy if that pharmacy has stopped trading and the ACPA has recommended approval for it to be relocated to other premises.
- For Rule 102: relocation within rural locality, the proposed premises must be at least 10 km, by shortest lawful access route, from the nearest approved pharmacy (not including the existing premises).
- For Rule 105: short distance relocation (more than 1 km), the proposed premises must be at least 500 m, by straight line, from any other approved pharmacy (excluding any pharmacy that is not more than 1 km, by straight line, from the existing premises). See Figure 1
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- For Rule 106: long distance relocation, the proposed premises must be at least 1.5 km, by straight line, from the nearest approved pharmacy. If not, the proposed premises must be at least 2 km, by shortest lawful access route, from any approved pharmacy that is within 1.5 km (straight line) of the proposed premises (see Figure 2).
- For Rule 107: relocation to rural locality (additional pharmacy), the proposed premises must be at least 200 m, by straight line, from the nearest approved pharmacy.
- For Rule 108: relocation to urban locality (additional pharmacy), the proposed premises must be at least 500 m, by straight line, from the nearest approved pharmacy.
- For Rule 109: relocation to small shopping centre, the proposed premises must be at least 500 m, by straight line, from the nearest approved pharmacy.
- For Rule 112: relocation to large medical centre, the proposed premises must be at least 500 m, by straight line, from the nearest approved pharmacy.
- For Rule 113: new pharmacy (urban locality), the proposed premises must be at least 1.5 km, by straight line, from the nearest approved pharmacy.
- For Rule 114: new pharmacy (rural locality), the proposed premises must be at least 10 km, by shortest lawful access route, from the nearest approved pharmacy.
If the distance between the proposed premises and the nearest approved pharmacy is very near to the required distance, applicants should provide a surveyor’s measurements of the distance. Any surveyor’s report should include a clearly marked scaled map, a description of the methodology and equipment used in the measurement, the distance measured and the margin for error in the measurement, and detailed information about the public access doors to each relevant premises
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