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8.2.7 Commercial character building (activities) overlay code

8.2.7.1 Application

(1) This code applies to assessing development in the Commercial character building overlay, if:
(a) self-assessable or 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.
(2) Land in the Commercial character building overlay is identified on the Commercial character building overlay map and is included in the Commercial character building site 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:

Editor’s note—For a proposal to be self-assessable, it must meet all the self-assessable outcomes of this code and any other applicable code. Where it does not meet all self-assessable outcomes, the proposal becomes assessable development and a development application is required. Where a development application is triggered, only the specific acceptable outcome that the proposal fails to meet needs to be assessed against the corresponding assessable acceptable outcome or performance outcome. Other self-assessable outcomes that are met are not assessed as part of the development application.

8.2.7.2 Purpose

(1) The purpose of the Commercial character building (activities) overlay code is to:
(a) Implement the policy direction in the Strategic framework in particular:
(i) Theme 2: Brisbane’s outstanding lifestyle, and Element 2.1– Brisbane’s identity;
(ii) Theme 5: Brisbane’s CityShape and 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 of commercial character building activities in commercial character buildings and the extension or alteration, renovation or refurbishment of commercial character buildings in the Commercial character building overlay.
(2) The purpose of the code will be achieved through the following overall outcomes:
(a) The use of a commercial character building complements the prevailing scale, built form, setting and streetscape character of the surrounding area.
(b) Any extension, alteration, renovation or refurbishment to the building is compatible with the traditional architectural style, characteristics, design elements, materials and detailing of the commercial character buildings.
(c) Commercial character building activities where in a zone in the residential zones category are compatible with and minimise impacts on the character, health, wellbeing and amenity of nearby residential premises and other sensitive uses.
(d) Commercial character buildings are retained and utilised for centre activities (activity group) where in a zone in the centre zones category or the Mixed use zone.
(e) Building and landscape design responds to local climatic conditions to create more pleasant and sustainable environments.
(f) Building height, design and setbacks of any extension to a commercial character building provides a sensitive transition at the edge of the site where adjoining land in the Low density residential zone.
(g) Development integrates with the surrounding area and achieves high-quality urban design outcomes.
(h) Development contributes to a pedestrian-friendly environment and effectively engages with the street to create an attractive interface between buildings and the streetscape.
(i) The design of servicing, access and parking arrangements allows for efficient operation of the use.
(j) The use serves the needs of the local community.
(k) The use supports the level of amenity, privacy, safety and security reasonably expected by nearby residents.

8.2.7.3 Assessment criteria

The following table identifies the assessment criteria for self-assessable and assessable development.

Table 8.2.7.3—Criteria for self-assessable and assessable development
Performance outcomes
Acceptable outcomes
Section A—If for self-assessable or assessable development involving a commercial character building premises
PO1
Development for the commercial character building activity is low key in scale, nature and employment, and of an appropriate size to serve the needs of the local community.
AO1
Development for a commercial character building activity has a maximum non-residential gross floor area of 250m2.
PO2
Development for a commercial character building activity is compatible with an adjoining community and residential use or other sensitive land use if located in the Low density residential zone, Low–medium density residential zone, Medium density residential zone, High density residential zone, Character residential zone or Community facilities zone.
AO2
Development does not involve the sale of items that are restricted to customers over 18 years of age, other than cigarettes, alcohol and lottery/scratch-it type tickets, if located in the Low density residential zone, Low–medium density residential zone, Medium density residential zone, High density residential zone, Character residential zone or Community facilities zone.
PO3
Development has hours of operation (including for deliveries) which are controlled so that the use does not impact on the amenity of a nearby sensitive use.
AO3
Development limits hours of operation (including for deliveries) to between 6am and 8pm.
PO4
Development is of a nature and scale which does not result in noise emissions that exceed the following criteria:
LAeq,adj,T emitted from the commercial character building activity is not greater than the rating background level plus 3 at a sensitive use.
Where T is:
  • day (7am to 6pm): 11hr
  • evening (6pm to 10pm): 4hr
  • night (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—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.

AO4
Development:
(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.

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

PO5
Development is of a nature and scale which does not result in odour, dust or other air pollutants that cause 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.

AO5
Development:
(a) does not release air pollutants, including odour, dust, fumes or smoke external to the development; or
(b) ensures that if food or cooking odour is released, exhaust vents are discharged vertically and directed away from the sensitive use and 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.
PO6
Development for veterinary services is limited to day-clinic functions only, or a stand-alone, detached building, to prevent adverse noise impacts on adjoining residential premises and other sensitive uses.
AO6
(a) is limited to day-clinic functions only and does not involve overnight accommodation of animals;
(b) is contained within a stand-alone, detached building.
Section B—If for assessable development where work is not limited to internal alterations or fitouts
PO7
Development involving the extension, alteration, renovation or refurbishment of a commercial character building is sensitive to the built form, scale and character of the original building and architectural design in accordance with the guidelines contained in the Commercial character building planning scheme policy:
(a) ensures the original use of the building remains clearly identifiable by maintaining the traditional architectural style, characteristics and detailing of the commercial character building;
(b) is sited and of a scale and bulk that does not dominate or detract from the appearance of the existing commercial character building on the site or of an adjoining residential dwelling.
AO7
No acceptable outcome is prescribed.
PO8
Development for the relocation of the commercial character building within the site:
(a) maintains the relationship of the commercial character building to each street frontage;
(b) does not increase the setback to each street frontage;
(c) does not detract from the traditional characteristic elements of the building or amenity of the local area.
AO8
No acceptable outcome is prescribed.
PO9
Development maintains a sense of street address and reinforces the relationship of the commercial character building with the street through the following:
(a) the commercial character building is not raised or enclosed underneath unless essential to address building issues such as flooding, sub-floor air circulation or prevention of pest infestation;
(b) the original street-front entrance to the commercial character building is not significantly elevated, is retained or reinstated and maintains a sense of street address and safe and equitable pedestrian ingress and egress from the building.

Note—Preparing a report demonstrating the requirements necessitating the raising or enclosure of the building can assist in demonstrating achievement of this performance outcome.

AO9
Development for a commercial character building does not result in the commercial character building being raised or enclosed underneath.
PO10
Development for an extension to a commercial character building on a corner site of a neighbourhood access road or local access road addresses each street frontage to enhance the activation and engagement of the commercial character building activity with the street.
AO10
No acceptable outcome is prescribed.
PO11
Development if extending a commercial character building has a primary frontage which is similar in appearance to the original commercial character building.
AO11
Development if extending the building frontage of a commercial character building at the ground storey provides glass or openings to the same extent as the original building frontage.
PO12
Development ensures customer and visitor parking does not:
(a) dominate the frontage of the premises or detract from the streetscape;
(b) cause on-street traffic congestion and parking delays;
(c) create traffic circulation hazards on the adjoining street or within the site.

Note—On-site parking and servicing areas are provided for staff, customers and visitors in compliance with the Transport, access, parking and servicing planning scheme policy.

AO12
Development provides on-site car parking which is at the rear of the building and not within the front setback. On-site parking and servicing areas are provided in compliance with the Transport, access, parking and servicing planning scheme policy.
PO13
Development provides sufficient areas for refuse and recycling bin storage and collection, which are located and managed so that adverse impacts on building occupants, neighbouring properties and the public realm are minimised.
AO13
Development provides:
(a) refuse and recycling bin storage areas that are located so that they are not visually obtrusive when viewed from the street;
(b) adequate frontage for all bins to be presented on the footpath for collection.

Note—Refer to the Refuse planning scheme policy for further guidance.

Additional criteria if not in a zone in the centre zone category or the Mixed use zone
PO14
Development for a commercial character building which adjoins a residential dwelling or other sensitive land use:
(a) does not significantly reduce daylight to open space or a habitable room in an adjoining premises;
(b) limits the dimensions of built-to-boundary walls to minimise overshadowing impacts.
AO14.1
Development for a commercial character building provides a minimum side boundary setback, other than for a wall built to the boundary, which is a minimum of:
(a) 1.5m, for a wall up to 4.5m high;
(b) 2m, for a wall up to 7.5m high;
(c) 2m plus 0.5m for every 3m (or part of 3m) over 7.5m, for a wall over 7.5m high.
AO14.2
Development has a minimum rear boundary setback of 6m.
AO14.3
Development for a commercial character building with a wall built to a side boundary:
(a) has a maximum height of 3m, unless it abuts a higher existing or simultaneously constructed wall;
(b) has a maximum length of 15m if it does not abut an existing boundary wall.

Note—Where a wall built to the boundary has a height less than 2m measured on the adjacent premises, it can extend the full length of the boundary, less any front or rear boundary setback.

PO15
Development provides landscaping which:
(a) retains existing vegetation, including street trees;
(b) is consistent with the established landscape character;
(c) provides an attractive and legible interface between the use, the streetscape and an adjoining residential premises;
(d) provides appropriate screening to maintain privacy between the use and adjoining residences, enhances the appearance of the development and disguises undesirable features such as outdoor storage areas.
AO15.1
Development ensures the retention of an established tree if removal is not required to locate a new building, car park or driveway.
AO15.2
Development ensures that the landscape design:
(a) emphasises a clear pedestrian entry point for staff, customers and visitors;
(b) allows overlooking of the street and pedestrian entry areas.
AO15.3
Development provides a landscaped buffer of a minimum of 2m wide along site boundaries where a non-residential use adjoins a residential dwelling or other sensitive land use.
PO16
Development provides vehicular accessways which are designed and located to:
(a) minimise on-site and off-site safety conflicts between pedestrians and vehicles;
(b) ensure efficient vehicular or pedestrian ingress to or egress from the premises;
(c) reduce the visual impact on the streetscape.
AO16.1
Development provides only one vehicle accessway to the site.
AO16.2
Development ensures that the location of the accessway maintains the integrity, quality and primacy of footpaths.
PO17
Development provides adequate lighting of a pedestrian footpath covered by an awning to ensure pedestrian safety and amenity and not cause light spill nuisance to surrounding residents.
AO17
Development provides a lighting system for an awning over a footpath:
(a) which is in compliance with the technical parameters, design, installation, operation and maintenance requirements of AS4282-1997 Control of the obtrusive effects of outdoor lighting;
(b) has a minimum of 20lux at footpath level.
PO18
Development minimises direct overlooking to an adjoining residential dwelling by building layout, location and design of windows, balcony or screening device.
AO18
Development ensures that a direct view from a window, balcony, verandah, terrace or deck into a window of a habitable room in an adjoining residential dwelling is screened by:
(a) fixed opaque glazing; or
(b) a fixed external screen; or
(c) fencing if the overlooking is from a window at the ground storey.
PO19
Development creates a safe environment by incorporating the key elements of crime prevention through environmental design.
AO19
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, communal areas;
(b) defining different uses and ownerships private and public through design and restricting access from a non-residential use into a private residential dwelling;
(c) promoting safety and minimising the opportunity for graffiti and vandalism through exterior building design and orientation of a building and use of an active frontage;
(d) ensuring publicly accessible areas such as car parks, pathways, public toilets, communal areas are well lit;
(e) including way-finding cues;
(f) minimising predictable routes and entrapment locations near public spaces such as car parks, public toilets, ATMs, 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.

Additional criteria if in the Latrobe and Given Terraces neighbourhood plan area
PO20
Development ensures:
(a) that where a building is raised, the height increase does not alter the overall effect of floor area to street level;
(b) that a low-set house remains of a low-set appearance.
AO20
Development maintains the height relationship of existing floor areas to street level.
PO21
Development is designed with appropriate detailing for the period of the building.
AO21.1
Development ensures that a verandah incorporates historically appropriate detailing for the period of the building.
AO21.2
Development ensures that suspended awnings typical from the 1920s onwards are not replaced with post-supported awnings.
PO22
Development involving a shopfront is designed and constructed in materials sensitive to the period of the building.
AO22.1
Development involving a shopfront on an early timber commercial frontage comprises weatherboard stallboards and simple timber-framed windows incorporating a splayed recessed interest.
AO22.2
Development involving a shopfront constructed between 1910 and 1940 incorporates the use of metal shop fittings and tiles.
Additional criteria if in the Bulimba district neighbourhood plan area where in the NPP-002-Oxford Street precinct
PO23
Development is designed to sensitively integrate with the streetscape of Oxford Street.
AO23
Development retains and adaptively re-uses such that:
(a) original shopfronts are retained or refurbished using materials which complement the period of the building;
(b) the height relationship of existing floor areas to street levels are maintained;
(c) an extension is located at the rear of the premises.
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