8.2.7 Commercial character building (activities) overlay code
Note—Where this code includes performance outcomes or acceptable outcomes that relate to:
- commercial character buildings, guidance is provided in the Commercial character building planning scheme policy;
- crime prevention through environmental design, guidance is provided in the Crime prevention through environmental design planning scheme policy;
- noise impact assessment, guidance is provided in the Noise impact assessment planning scheme policy;
- refuse and recycling, guidance is provided in the Refuse planning scheme policy;
- on-site parking and servicing provisions, guidance is provided in the Transport, access, parking and servicing planning scheme policy.
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.
126.96.36.199 Assessment criteria
The following table identifies the assessment criteria for self-assessable and assessable development.
Section A—If for self-assessable or assessable development involving a commercial character building premises
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.
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.
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.
Development limits hours of operation (including for deliveries) to between 6am and 8pm.
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:
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.
(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.
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.
(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.
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.
Development for veterinary services in the Low density residential zone, Low–medium density residential zone, Medium density residential zone, High density residential zone, or Character residential zone:
(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
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.
No acceptable outcome is prescribed.
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.
No acceptable outcome is prescribed.
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.
Development for a commercial character building does not result in the commercial character building being raised or enclosed underneath.
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.
No acceptable outcome is prescribed.
Development if extending a commercial character building has a primary frontage which is similar in appearance to the original commercial character building.
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.
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.
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.
(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
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.
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.
Development has a minimum rear boundary setback of 6m.
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.
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.
Development ensures the retention of an established tree if removal is not required to locate a new building, car park or driveway.
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.
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.
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.
Development provides only one vehicle accessway to the site.
Development ensures that the location of the accessway maintains the integrity, quality and primacy of footpaths.
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.
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.
Development minimises direct overlooking to an adjoining residential dwelling by building layout, location and design of windows, balcony or screening device.
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.
Development creates a safe environment by incorporating the key elements of crime prevention through environmental design.
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
(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.
Development maintains the height relationship of existing floor areas to street level.
Development is designed with appropriate detailing for the period of the building.
Development ensures that a verandah incorporates historically appropriate detailing for the period of the building.
Development ensures that suspended awnings typical from the 1920s onwards are not replaced with post-supported awnings.
Development involving a shopfront is designed and constructed in materials sensitive to the period of the building.
Development involving a shopfront on an early timber commercial frontage comprises weatherboard stallboards and simple timber-framed windows incorporating a splayed recessed interest.
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
Development is designed to sensitively integrate with the streetscape of Oxford Street.
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.