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Table 5.9.28.A—Fortitude Valley neighbourhood plan: material change of use
Use
Categories of development and assessment
Assessment benchmarks
If in the neighbourhood plan area
MCU, if assessable development where not listed in this table
No change
If in the City Centre zone precinct of the Principal centre zone or the Inner city zone precinct of the Mixed use zone
Accepted development, subject to compliance with identified requirements
If involving an existing premises, where:
(a) on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) gross floor area is no greater than 100m2 for any licensed part of the premises;
(c) not located in the same building as, or within 5m from, a residential use;
(d) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
Assessable development—Code assessment
If involving an existing premises, where:
(a) on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) gross floor area is no greater than 100m2 for any licensed part of the premises;
(c) not located in the same building as, or within 5m from a residential use;
(d) not complying with all acceptable outcomes in section A of the Centre or mixed use code
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) not complying with all acceptable outcomes in section A of the Centre or mixed use code
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
If involving an existing premises on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code, where:
(a) gross floor area is greater than 100m2 for any licensed part of the premises; or
(b) located in the same building as, or within 5m from, a residential use
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
Assessable development—Code assessment
If involving an existing premises, where on a site indicated as SEA core or SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code
Accepted development, subject to compliance with identified requirements
If involving an existing premises, where:
(a) on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) gross floor area is no greater than 100m2 for any licensed part of the premises;
(c) not located in the same building as, or within 5m from, a residential use;
(d) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
Assessable development—Code assessment
If involving an existing premises, where:
(a) on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) gross floor area is no greater than 100m2 for any licensed part of the premises;
(c) not located in the same building as, or within 5m from, a residential use;
(d) not complying with all acceptable outcomes in section A of the Centre or mixed use code
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) not complying with all acceptable outcomes in section A of the Centre or mixed use code
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
If involving an existing premises on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code, where:
(a) gross floor area is greater than 100m2 for any licensed part of the premises; or
(b) located in the same building as, or within 5m from, a residential use
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
Accepted development, subject to compliance with identified requirements
If involving an existing premises, where:
(a) on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) gross floor area is no greater than 100m2 for any licensed part of the premises;
(c) not located in the same building as, or within 5m from, a residential use;
(d) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
Assessable development—Code assessment
If involving an existing premises, where:
(a) on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) gross floor area is no greater than 100m2 for any licensed part of the premises;
(c) not located in the same building as, or within 5m from a residential use;
(d) not complying with all acceptable outcomes in section A of the Centre or mixed use code

Centre or mixed use code—purpose, overall outcomes and section A outcomes only

If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) not complying with all acceptable outcomes in section A of the Centre or mixed use code

Centre or mixed use code—purpose, overall outcomes and section A outcomes only

If involving an existing premises on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code, where:
(a) gross floor area is greater than 100m2 for any licensed part of the premises; or
(b) located in the same building as, or within 5m from, a residential use

Fortitude Valley neighbourhood plan code

Centre or mixed use code—purpose, overall outcomes and section A outcomes only

Assessable development—Code assessment
If involving an existing premises, where on a site indicated as SEA core or buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code
Centre or mixed use code—section A acceptable outcomes only
Accepted development, subject to compliance with identified requirements
If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) gross floor area is no greater than 100m2 for any licensed part of the premises;
(c) not located in the same building as, or within 5m from, a residential use;
(d) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
Assessable development—Code assessment
If involving an existing premises, where:
(a) on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) gross floor area is no greater than 100m2 for any licensed part of the premises;
(c) not located in the same building as, or within 5m from, a residential use;
(d) not complying with all acceptable outcomes in section A of the Centre or mixed use code
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
If involving an existing premises, where:
(a) on a site indicated as SEA buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code;
(b) not complying with all acceptable outcomes in section A of the Centre or mixed use code
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
If involving an existing premises on a site indicated as SEA core in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code, where:
(a) gross floor area is greater than 100m2 for any licensed part of the premises; or
(b) located in the same building as, or within 5m from, a residential use

Centre or mixed use code—purpose, overall outcomes and section A outcomes only

Assessable development—Code assessment
If involving an existing premises, where on a site indicated as SEA core or buffer in the special entertainment area on Figure a of the Fortitude Valley Neighbourhood plan code
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
If in the Gotha Street precinct (NPP-001), the Light Street hill precinct (NPP-004), the James Street precinct (NPP-005), or the Water Street precinct (NPP-006), where in the City Centre zone precinct of the Principal centre zone or in the Inner city zone precinct of the Mixed use zone
Centre activities (activity group)
Accepted development, subject to compliance with identified requirements
If involving an existing premises, where:
(b) gross floor area is no greater than 1,500m2 for any individual tenancy where shop or shop component of a shopping centre;
(c) complying with all acceptable outcomes in section A of the Centre or mixed use code
Not applicable
Assessable development—Code assessment
If involving an existing premises, where:
(b) gross floor area is no greater than 1,500m2 for any individual tenancy where shop or shop component of a shopping centre;
(c) not complying with all acceptable outcomes in section A of the Centre or mixed use code
Centre or mixed use code—purpose, overall outcomes and section A outcomes only
If involving a new premises or an existing premises with an increase in gross floor area, where:
(b) gross floor area is no greater than 1,500m2 for any individual tenancy where shop or shop component of a shopping centre
If in the Light Street hill precinct (NPP-004), or the James Street precinct (NPP-005), where in the up to 3 storeys zone precinct of the Low-medium density residential zone or in the Character residential zone
Assessable development—Code assessment
If involving a new premises or an existing premises with an increase in gross floor area
Assessable development—Code assessment
If involving an existing premises, where gross floor area is no greater than 500m2

Note—A licensed part of the premises is that part of any premises licensed for the sale or consumption of liquor under the Liquor Act 2002. Other uses such as shop can occupy other parts of the premises and can exceed 100m2.

Table 5.9.28.B—Fortitude Valley neighbourhood plan: reconfiguring a lot
Development
Categories of development and assessment
Assessment benchmarks
ROL, if assessable development
No change
Table 5.9.28.C—Fortitude Valley neighbourhood plan: building work
Development
Categories of development and assessment
Assessment benchmarks
Building work, if assessable development
No change
Table 5.9.28.D—Fortitude Valley neighbourhood plan: operational work
Development
Categories of development and assessment
Assessment benchmarks
Operational work, if assessable development
No change
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