8.2 Overlay codes

8.2.1 Active frontages in residential zones overlay code Application

(1) This code applies to assessing development in the Active frontages in residential zones overlay, if:
(a) assessable development where this code is an applicable code identified in the assessment criteria column of a table of assessment for an overlay (section 5.10); or
(b) impact assessable development.

Note—The Active frontages in residential zones overlay is mapped over land located in the residential zones. These frontages are mostly located at the edges of intensively developed non-residential areas such as centres, in areas of land use transition and in locations where lower intensity non-residential activity is desirable.

Note—Where the proposed non-residential use is located on a site in the Commercial character building activities overlay, the Active frontages in residential zones overlay is not applicable and the Commercial character building (activities) overlay code applies.

Note—Where the proposed non-residential use is located on a site in a residential zone not identified in either the Active frontages in residential zones overlay or the Commercial character building activities overlay, refer to the Small-scale non-residential use code.

Note—Where the proposed active frontage use forms part of a residential development, the relevant residential development code is also applicable.

(2) Land in the Active frontages in residential zones overlay is identified on the Active frontages in residential zones overlay map and is included in the Active frontages sub-category.
(3) When using this code, reference should be made to section 1.5 and section 5.3.3.

Note—Where this code includes performance outcomes or acceptable outcomes that relate to: Purpose

(1) The purpose of the Active frontages in residential zones overlay code is to:
(a) Implement the policy direction in the Strategic framework, in particular:
(i) Theme 3: Brisbane’s clean and green leading environmental performance and Element 3.2—Brisbane’s environmental quality and sustainable design;
(ii) Theme 5: Brisbane’s CityShape, Element 5.5 – Brisbane’s Suburban Living Areas and Element 5.8 – Brisbane’s Growth Nodes on Selected Transport Corridors.
(b) Provide for the assessment of the suitability of development for active frontage uses along a frontage in the Active frontages in residential zones overlay.
(2) The purpose of the code will be achieved through the following overall outcomes:
(a) Development is small-scale, non-residential, at ground storey and compatible with the residential character and amenity of the residential zone; being designed, sited and constructed to minimise impacts (including glare, light, noise, air quality, hours of operation, servicing, traffic and parking) on the character, health, wellbeing and amenity of nearby residential premises.
(b) Development is focused only along a road, pedestrian route or public space identified on the Active frontages in residential zones overlay map to activate the frontage and consolidate non-residential uses with a convenience function in a residential zone.
(c) Development complements the prevailing scale, built form, setting and streetscape character of the surrounding residential zone.
(d) Development has a building height and setback which provides a sensitive transition at the edge of the site where adjoining a dwelling house or land in the Low density residential zone.
(e) Development integrates with the predominantly residential surroundings and achieves high-quality urban design outcomes.
(f) Development contributes to a pedestrian-friendly environment and effectively engages with the street to create an attractive interface between buildings and the streetscape.
(g) Development has servicing, access and parking arrangements which are designed for efficient operation of the use, while enabling continuity of the active frontage.
(h) Development serves a demonstrable need of the local community.
(i) Development supports the level of amenity, privacy, safety and security reasonably expected by nearby residents. Assessment criteria

The following table identifies the assessment criteria for assessable development.

Table—Criteria for assessable development
Performance outcomes
Acceptable outcomes
Site location and purpose
Development contributes to an active streetscape containing small-scale, non-residential uses within the residential zones that:
(a) are limited in size, function and employment;
(b) front and are orientated towards the identified active frontage road, pedestrian route and public space within the residential zone;
(c) serve the convenience needs of the local residential community;
(d) facilitate high-quality, pedestrian-friendly, street-orientated development compatible with the residential zone in which the site is located;
(e) do not encourage patronage via private vehicles from persons living or working outside the local area.
Development addresses the frontage identified on the Active frontages in residential zones overlay map and may also address any other adjoining pedestrian route or public open space.
Development is located only at the ground storey.
Development has a maximum gross floor area of 250m2.

Note—Development is not to extend a non-residential use beyond those sites, roads, pedestrian routes and public spaces identified as active frontages on the Active frontages in residential zones overlay map.

Development provides a function which is complementary and appropriate to the residential zone.
Development does not involve the sale of an item that is restricted to a customer over 18 years of age, other than cigarettes, alcohol and lottery or scratch-it type tickets.
Car parking, access and servicing
Development provides vehicular access driveways which are designed and located to:
(a) minimise on-site and off-site safety conflicts between pedestrians and vehicles;
(b) avoid obstruction or interruption of pedestrian movement from vehicle access driveways, loading bays or service and manoeuvring areas;
(c) ensure efficient vehicular or pedestrian ingress to or egress from the premises;
(d) reduce the visual and amenity impacts on the streetscape;
(e) maintain continuity of activity along the street frontage.
Development provides vehicular access driveways which are located to maintain the integrity, quality and primacy of all footpaths adjoining the premises.
Development provides areas for loading and unloading of vehicles carrying goods which are on site and of a size and location appropriate to the nature of the development.
Development provides servicing and loading bays which are:
(a) located below or at the rear of the building so they are not visible from the primary street frontage;
(b) screened from view by any combination of walls, fencing or planting.
Development provides adequate on-site car parking, servicing and delivery bays to ensure that employee, customer and visitor parking associated with the development do not:
(a) dominate the frontage of the premises;
(b) cause on-street traffic congestion and parking delays;
(c) create traffic circulation hazards on the adjoining street.

Note—Development provides on-site parking and servicing areas for staff, customers and visitors in compliance with the Transport, access, parking and servicing planning scheme policy.

Development provides car parking which:
(a) is designed to provide sufficient car parking spaces on site to minimise on-street parking demand;
(b) is provided below or at the rear of the building so that it is not visible from the primary street frontage;
(c) is not within the front setback.
Air quality
Development is of a nature and scale which does not result in the emission of odour, dust or other air pollutant that causes an unreasonable impact to the occupier of a nearby sensitive use.

Note—The matters considered in assessing unreasonable impacts include the characteristics, nature, amount, intensity, frequency and duration of the emissions and whether the emissions could be reasonably expected in the area.

Development ensures that:
(a) an air pollutant (including odour, dust, fumes or smoke) is not released external to the development; or
(b) where food or cooking odour is released, exhaust is discharged vertically and directed away from the sensitive use and exhaust vents are separated by the following distances:
(i) a minimum of 6m horizontally from a sensitive use;
(ii) a minimum of 2m above a thoroughfare or roof with regular foot traffic.
Development is of a nature and scale which does not result in noise emissions that exceed the following criteria:
LAeq,adj,T emitted from active frontage uses is not greater than the rating background level plus 3 at a sensitive use.
Where T is:
  • (7am to 6pm): 11hr
  • (6pm to 10pm): 4hr
  • (10pm to 7am): 9hr.
Where LAeq,adj,T is the A-weighted equivalent continuous sound pressure level during measurement time T, adjusted for tonal and impulsive noise characteristics, determined in accordance with the methodology described in the Noise impact assessment planning scheme policy.

Note—The rating background level is to be determined in accordance with the methodology described in the Noise impact assessment planning scheme policy.

Note—A noise impact assessment report prepared in accordance with the Noise impact assessment planning scheme policy can assist in demonstrating achievement of this performance outcome.

(a) does not involve amplified music entertainment;
(b) is conducted wholly within an enclosed building and does not involve external activity, dining or entertainment areas;
(c) ensures mechanical plant or equipment is acoustically screened from adjoining sensitive uses;
(d) provides a 2m high acoustic fence along any boundary between on-site car parking areas and adjoining sensitive uses.

Note—Mechanical plant includes generators, motors, compressors and pumps such as air-conditioning, refrigeration or coldroom motors.

Hours of operation
Development ensures that hours of operation including for deliveries are controlled so that the development does not impact on the amenity of nearby sensitive uses.
Development ensures that hours of operation including for deliveries are limited to between 7am and 6pm.
Visual amenity
Development protects the visual amenity of the surrounding residential neighbourhood.
Development ensures that air conditioning, refrigeration and other mechanical plant, vents, exhausts, refuse and recycling storage areas:
(a) are located so that they are not visually obtrusive when viewed from the street;
(b) are screened from view to minimise visual impacts.
Development ensures that external lighting is positioned to minimise light nuisance and light spill into nearby residential dwellings.
Development ensures that technical parameters, design, installation, operation and maintenance of outdoor lighting are in compliance with the requirements of AS 4282-1997:Control of the obtrusive effects of outdoor lighting
Privacy, safety and security
Development has a facade design which incorporates lighting to encourage activity between indoor and outdoor spaces and creates a sense of security at night.
Development incorporates the key elements of crime prevention through environmental design in its layout, building and structure design and landscaping by:
(a) facilitating casual surveillance opportunities and including good sightlines to publicly accessible areas such as car parks, pathways, public toilets and communal areas;
(b) defining different uses and private and public ownerships through design and restricting access from non-residential uses into private residential dwellings;
(c) promoting safety and minimising opportunities for graffiti and vandalism through exterior building design, orientation of buildings and use of active frontages;
(d) ensuring publicly accessible areas such as car parks, pathways, public toilets and communal areas are well lit;
(e) including way-finding cues;
(f) minimising predicable routes and entrapment locations near public spaces such as car parks, public toilets, ATMs and communal areas.

Note—For guidance in achieving the key elements of crime prevention through environmental design refer to the Crime prevention through environmental design planning scheme policy.

Development ensures that fences adjoining public space, where not along the primary street frontage, are a maximum 1.5m high with minimum 50% visual permeability.
Development minimises direct overlooking to adjoining residential dwellings via building layout and location and design of windows, terraces and screening devices.
Development ensures that where windows or terraces have a direct view into windows of habitable rooms in an adjoining residential dwelling, that view is screened by:
(a) fixed opaque glazing; or
(b) fixed external screens; or
(c) fencing.
Additional criteria for a material change of use for veterinary services
Development for veterinary services is prevented from having noise amenity impacts on adjoining residential premises and other sensitive land uses by limiting the development to:
(a) day-clinic functions only; or
(b) stand-alone, detached buildings.
Development for veterinary services does not involve overnight accommodation of animals.
Development for veterinary services is not located within a multiple dwelling.
Additional criteria if involving a new building where:
(a) the ground storey is intended to accommodate active frontage uses; or
(b) the applicant desires that the ground storey be designed to potentially accommodate active frontage uses in the future; or
(c) a neighbourhood plan requires that the ground storey be designed to accommodate active frontage uses.
(a) for non-residential development is encouraged where it contributes to a safe, interesting and attractive street or public space;
(b) facilitates activation at the ground storey, creating opportunities for small-scale uses such as shops, restaurants and cafes, offices, community uses and local services.
Development is designed to allow opportunities for tenancy by non-residential uses at the ground storey to generate pedestrian activity and interaction.
Development for a multiple dwelling includes ground storey tenancies that are flexibly designed and able to be used for a range of active frontage uses.
Development of a residential use on the ground storey demonstrates how the ground-storey tenancies may be converted to non-residential uses at a later stage if the opportunity for active frontage uses were to be subsequently taken up.
Development ensures that the floor-to-ceiling height at the ground storey is designed to accommodate a range of uses whether for residential or non-residential tenants.
Development at the ground storey is designed to enable a non-residential use with a height of between 4m and 4.5m.

Note—A height range is provided to enable minor variations in storey height to encourage responsive building design and to recognise functional differences between uses. While the building height may vary, the maximum number of storeys should not be exceeded. Where varied by a neighbourhood plan, the maximum building height expressed in metres should not be exceeded.

(a) enables physical and visual integration between the ground storey and the adjoining footpath or public space;
(b) presents a strong building edge along site boundaries to clearly define and address the frontage and public open spaces;
(c) incorporates articulated facades that minimise the extent of blank walls and feature transparent openings, clear glazing or display windows to enable casual surveillance of the street.
Development provides a:
(a) continuous built form to the street frontage and adjoining public open space;
(b) minimum of 30% transparent external wall materials up to a height of 2.5m above footpath level.
Development protects pedestrian footpaths along the frontage from rain and sun by a shelter that:
(a) is continuous and compatible with any existing pedestrian shelter;
(b) allows for street trees and other landscaping.
Development provides pedestrian shelter:
(a) using awnings, consistent with the character of the residential zone; or
(b) as a free-standing structure, for example an umbrella, consistent with the streetscape character of the residential zone.
Development provides:
(a) direct and simple circulation areas and pedestrian entries to the ground storey from the street to maintain continuity of the frontage and allows for or provides sufficient, safe, convenient and clearly identifiable pedestrian access to uses;
(b) ground treatments that integrate the building, footpath and the adjoining street level or public space to enable a functional relationship between indoor and outdoor spaces.
Development provides at least 1 pedestrian entry/exit to each use along the frontage.
Development provides a footpath along the frontage of a minimum width of 5m.

Note—The footpath must be entirely within public ownership. Land dedication may be required to provide the minimum footpath width.

Development ensures that:
(a) the finished floor level of the entry to the ground storey has a level that is equal to or higher than the verge and provides a continuous accessible path or plane of travel between the street and ground storey; or
(b) where an equal level is not possible, any level change at the entry occurs within the building, while continuing to meet access requirements.
Development ensures that pedestrian pathways within the front setback have a pavement matching the gradient of adjoining footpaths on neighbouring sites, and connect without any lip or step.
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