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8.2.12 Heritage overlay code

8.2.12.1 Application

(1) This code applies to assessing development in the Heritage 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.
(2) Land in the Heritage overlay is identified in the Heritage overlay map and is included in the following sub-categories:
(a) Local heritage place sub-category;
(b) State heritage place sub-category;
(c) Area adjoining heritage sub-category;

Note—In the City centre neighbourhood plan area, the Area adjoining heritage sub-category includes sites within 10m of a heritage place; for example across a laneway from, but not directly adjoining, a heritage place.

Editor’s note—Sites included in the Queensland Heritage Register are added to the Heritage overlay map as part of a regular review of the planning scheme. However, a delay will occur between changes to the Queensland Heritage Register and corresponding changes to the Heritage overlay map.

(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:

8.2.12.2 Purpose

(1) The purpose of the Heritage overlay code is to:
(a) Implement the policy direction in the Strategic framework, in particular Theme 2: Brisbane’s outstanding lifestyle and Element 2.1 – Brisbane’s identity.
(b) Provide for the assessment of the suitability of development on land in the Heritage overlay.
(2) The purpose of the code will be achieved through the following overall outcomes:
(a) Development on or adjoining a heritage place does not detract from the cultural heritage significance of that heritage place, including any Aboriginal cultural values.
(b) Re-use of a heritage place is compatible with its cultural heritage significance, including any Aboriginal cultural values and retains its heritage significance.

8.2.12.3 Assessment criteria

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

Table 8.2.12.3—Self-assessable and assessable development
Performance outcomes
Acceptable outcomes
Section A—Criteria for the Local heritage place sub-category or State heritage place sub-category
PO1
Development provides for the future protection of the heritage place and does not damage or diminish its cultural heritage significance.

Note—Where necessary, a heritage impact assessment report is prepared verifying the proposal is in accordance with The Australia ICOMOS Burra Charter.

AO1
No acceptable outcome is prescribed.
PO2
Development is based on and takes account of all aspects of the cultural significance of the heritage place.

Note—Where necessary, a heritage impact assessment report is prepared verifying the proposal is in accordance with the Guidelines to the Burra Charter–Cultural Significance.

AO2
No acceptable outcome is prescribed.
PO3
Development protects the fabric and setting of the heritage place while providing for its use, interpretation and management.

Note—Where necessary, a heritage impact assessment report is prepared verifying the proposal has been prepared in accordance with the Guidelines to the Burra Charter–Conservation Policy.

AO3
No acceptable outcome is prescribed.
PO4
Development is based on the issues relevant to the conservation of the heritage place.

Note—Where necessary, a heritage impact assessment report is prepared verifying the proposal is in accordance with the Guidelines to the Burra Charter–Procedures for Undertaking Studies and Reports.

AO4
No acceptable outcome is prescribed.
PO5
Development does not impair any culturally significant attributes of the heritage place identified by the Aboriginal people for whom the heritage place is significant.

Note—Heritage places with Aboriginal cultural values are assessed by a suitably qualified person and as detailed in the Heritage planning scheme policy.

AO5
No acceptable outcome is prescribed.
Additional criteria if in the Latrobe and Given Terraces neighbourhood plan area
PO6
Development ensures that:
(a) low-set houses remain of a low-set appearance;
(b) if raising a building, the height increase does not alter the overall effect of the floor area to the street level.
AO6
Development maintains the height relationship of an existing floor area to the street level.
PO7
Development for a building is designed with appropriate detailing for the period of the building.
AO7.1
Development ensures that a verandah incorporates historically appropriate detailing for the period of the building.

Editor's note—A good example is located at 212 Given Terrace.

AO7.2
Development does not replace suspended awnings typical from the 1920s onwards with post-supported awnings.
PO8
Development involving an alteration or addition to an existing premises conserves the heritage significance and does not obscure or is not otherwise insensitive to the traditional building fabric.
AO8.1
Development involving an alteration or extension is located:
(a) at the rear of the premises; or
(b) on the street frontage only if set further back than the existing building line or is separated from the traditional building fabric by a significant recession in the wall and roof planes.
AO8.2

Development ensures that traditional construction materials and methods are retained in any existing traditional building fabric and used to reinstate the original components that have been removed and that are proposed to be replaced.

Additional criteria if in the New Farm and Teneriffe Hill neighbourhood plan area
PO9
Development on the site of a heritage place that is removed or demolished without Council approval is of a scale, bulk and height that maintains the same appearance as that of the removed or demolished heritage place.
AO9.1
Development in the Low–medium density living precinct which involves the removal or demolition of a building identified in the Heritage overlay has a maximum plot ratio of 40% of the site area.
AO9.2
Development in the Medium density living precinct which involves the removal or demolition of a building identified in the Heritage overlay has a building height and gross floor area which is not greater than the building height and gross floor area of the demolished heritage place.
Additional criteria if in the Woolloongabba centre neighbourhood plan area
PO10
Development for new premises respects the cultural heritage significance of a heritage place.
AO10
Development maintains all noted external and visible aspects of cultural heritage currently visible from a publicly accessible place.
Additional criteria if in the Albion neighbourhood plan area where in the Station precinct
PO11
Development conserves the heritage values of the precinct.
AO11
Development retains heritage and character structures which are incorporated into the design of any redevelopment scheme for the station.
Additional criteria if in the Centenary suburbs neighbourhood plan area where in the Sinnamon Farm heritage precinct
PO12
Development retains, restores and adapts for re-use the building and vegetation listed as a heritage place.
AO12
Development conforms to the recommendations of a conservation management plan for the site approved by the Council.
PO13
Development has a built form which respects the heritage significance of the building and vegetation, including scale and location.
AO13
Development conforms to the recommendations of a Council-approved and updated conservation management plan of the site.
PO14
Development involving a car parking area does not undermine the visual attraction of the heritage place.
AO14
Development involving a car parking area:
(a) is concealed behind the building of a heritage place or is otherwise located so as to not visually dominate the appearance of the heritage place, particularly when viewed from Seventeen Mile Rocks Road;
(b) does not diminish the quality of spaces between buildings.
Additional criteria if in the Kelvin Grove urban village neighbourhood plan area
PO15
Development has a built form which respects the historic significance of the Upper Parade Ground and related buildings.
AO15
Development in the Upper Parade Ground Heritage Area maintains appropriate sightlines in and through the State Heritage Listed Area, including the full length of Upper Parade Ground and to existing heritage buildings.
Section B—Criteria for the Area adjoining heritage sub-category
PO16
Development including landscape and building elements does not impair the views of the heritage place.

Note—Where necessary, a heritage impact assessment report is prepared containing a heritage impact statement that analyses the impact of the proposal.

AO16
No acceptable outcome is prescribed.
PO17
Development for reconfiguring a lot does not result in a building or structure that would impair the visible attributes identified as significant in a heritage citation of the heritage place.

Note—Where necessary, a heritage impact assessment report is prepared containing a heritage impact statement that analyses the impact of the proposal.

AO17
No acceptable outcome is prescribed.
Additional criteria if in the Albion neighbourhood plan area where in the Albion village precinct
PO18
Development must complement and be generally aligned with existing heritage places.
AO18
Development aligns the front setback with the average setback of adjoining heritage places.
Additional criteria if in the West End—Woolloongabba neighbourhood plan area
PO19
Development for new premises adjacent to or in the vicinity of a heritage place maintains and enhances the heritage place and its surrounds by:
(a) using high-quality pre-finished materials;
(b) setting background or upper levels to preserve view lines to the heritage place;
(c) ensuring elevation treatments maintain the three-dimensional predominance of the heritage place.
AO19
Development complements the scale of, views to and building form and materials of a heritage place.
Additional criteria if in the Sherwood—Graceville district neighbourhood plan area
PO20
Development, including a dwelling house, does not diminish the streetscape contribution, setting or views from the street or a public place of an adjoining or affected heritage place.
AO20
No acceptable outcome is prescribed.
PO21
Development for new premises complements the existing streetscape and setting of the heritage place and is of a sympathetic scale and bulk.
AO21
No acceptable outcome is prescribed.
PO22
Development for a new building which abuts a street elevation of a heritage place:
(a) creates a clear definition or transition between the old and new;
(b) ensures that projecting elements such as canopies, awnings, sunshades, banners and signage do not substantially interrupt significant views of the heritage place from the street or a public place.
AO22
No acceptable outcome is prescribed.
Additional criteria if in the Bulimba district neighbourhood plan area
PO23
Development, including a dwelling house, does not detract from or devalue the cultural heritage significance of a heritage place and does not impair or obscure views of the heritage place from the public realm.
AO23
Development is:
(a) set back from the street equal to or greater than the heritage place;

Note—The appropriate building setback will be determined on a case-by-case basis having regard to views, vistas and context of the heritage place.

(b) of a lower or equal height to the heritage place;
(c) complementary to the architectural character of the heritage place;

Note—This does not require that a new development should replicate the heritage place in terms of its architectural design or construction materials.

(d) in keeping with any landscaping elements of the heritage place identified as having cultural heritage significance.
Additional criteria if in the Kangaroo Point south neighbourhood plan area
PO24
Development provides a transition in building height to a heritage place and does not create an overbearing appearance or significantly impacts on its privacy or amenity.
AO24
Development has a maximum building height:
(a) if fronting Mark Lane, of 5 storeys within 20m of the street alignment; or
(b) otherwise, of 3 storeys within 10m of the common property boundary or street alignment.

Note—Additional overall building height that may be permissible for a significant corner or landmark gateway as identified in the Kangaroo Point south neighbourhood plan, does not allow additional height within the heritage place transition.

Section C—General criteria for the Heritage overlay
Additional criteria if in the City Centre neighbourhood plan area
PO25
Development provides ongoing protection of significant building fabric and vegetation during and after construction.
AO25
Development involving structural demolition or excavation that may impact upon a heritage place complies with a heritage place construction management plan.

Note—The Management plans planning scheme policy provides guidance on the preparation of a heritage place construction management plan.

PO26
Development for reconfiguring a lot on or adjoining a heritage place does not result in an allotment size, configuration or pattern which would potentially result in the setting or views of a heritage place being adversely affected.
AO26
No acceptable outcome is prescribed.
Additional criteria if in the Lutwyche Road corridor neighbourhood plan area
PO27
Development on or adjoining a heritage place does not diminish the following:
(a) heritage value;
(b) streetscape contribution;
(c) setting;
(d) significant views and vistas of the heritage place.

Note—To demonstrate compliance with the performance criteria, a heritage impact assessment report is to be submitted demonstrating to the Council’s satisfaction that the development will not detract from or diminish the cultural heritage significance of the heritage place.

Generally the following points are to be considered when proposing a development adjacent to or affecting a heritage place:

  • development is of a sympathetic scale and bulk and does not attempt to replicate or mimic the architectural detailing of all or part of the heritage place;
  • development creates an appropriate high-quality interface for the heritage place by using building setbacks and screening measures such as mature trees;
  • development of a new premises complements the existing streetscape and maintains the views of a heritage place from the street or public places;
  • where a new building abuts a street elevation of a heritage place, a clear definition or transition between the old and new is created and projecting elements such as canopies, awnings, sunshades, banners and signage, do not substantially interrupt views of a heritage place from the street or a public place.
AO27
No acceptable outcome is prescribed.
PO28
Development involving premises on or adjoining Conon is of a suitable height and scale and is set back from common boundaries to ensure that the development does not overshadow Conon and its gardens.

Note—To demonstrate compliance with the performance outcome a heritage impact assessment report is to be submitted demonstrating to the Council’s satisfaction that the development will not detract from or diminish the cultural heritage significance of the heritage place.

AO28
No acceptable outcome is prescribed.
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