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7.2.12.3 Lower Oxley Creek south neighbourhood plan code

7.2.12.3.1 Application

(1) This code applies to assessing a material change of use, reconfiguring a lot, operational work or building work in the Lower Oxley Creek south neighbourhood plan area if:
(a) accepted development subject to compliance with identified requirements, where acceptable outcomes in Section A of this code are identified requirements in a table of assessment for a neighbourhood plan (section 5.9); or
(b) assessable development where this code is an applicable code identified in the assessment benchmarks column of a table of assessment for a neighbourhood plan (section 5.9); or
(c) impact assessable development.
(2) Land in the Lower Oxley Creek south neighbourhood plan area is identified on the NPM-012.3 Lower Oxley Creek south neighbourhood plan map and includes the following precincts:
(a) Paradise Road precinct (Lower Oxley Creek south neighbourhood plan/NPP-001).
(3) When using this code, reference should be made to section 1.5, section 5.3.2 and section 5.3.3.

Note—The following purpose, overall outcomes, performance outcomes and acceptable outcomes comprise the assessment benchmarks of this code.

Note—This neighbourhood plan includes a table of assessment with variations to categories of development and assessment. Refer to Table 5.9.38.A, Table 5.9.38.B, Table 5.9.38.C and Table 5.9.38.D.

7.2.12.3.2 Purpose

(1) The purpose of the Lower Oxley Creek south neighbourhood plan code is to provide finer grained planning at a local level for the Lower Oxley Creek south neighbourhood plan area.
(2) The purpose of the Lower Oxley Creek south neighbourhood plan will be achieved through overall outcomes including overall outcomes for each precinct of the neighbourhood plan area.
(3) The overall outcomes for the neighbourhood plan area are:
(a) The neighbourhood plan area will become a vibrant and sustainable community containing a mix of residential, convenience, industrial, community and recreational activities.
(b) Development provides a balance between protection of ecological values and urban development. Intensive forms of urban development, including residential, industrial and commercial development are contained within residential and industrial and associated urban zones. Development in urban zones is connected to reticulated water and sewerage. Urban development that is not provided with or connected to reticulated infrastructure is not consistent with the outcomes sought.
(c) Significant native vegetation identified in the General ecological significance sub-category of the Biodiversity areas overlay within the urban zones is either protected or formally offset. Offsets result in a net gain of significant native vegetation.

Note—Significant native vegetation is as defined in the Biodiversity areas overlay code.

(d) Development that has the potential to adversely affect biodiversity, water quality and water conveyance in Oxley or Blunder creeks and their associated corridors to the extent of overlay mapping identifying those values of those corridors is avoided and existing degraded sites are remediated and rehabilitated.
(e) A range of lot sizes, densities and dwelling types are provided in residential zones. Residential housing is predominantly low density with higher densities located in close proximity to planned centres, major transport routes or district level parks. Larger lots are envisaged in residential zoned land also in High ecological significance sub-category of the Biodiversity areas overlay to retain landscape character.
(f) Industrial development takes advantage of Lower Oxley Creek south's proximity to the Archerfield Airport, Logan Motorway and the intermodal transport hub at Archerfield.
(g) Former extractive industry sites are remediated and rehabilitated before re-use occurs. Site-based constraints of former extractive industry sites including flooding and geotechnical stability are appropriately managed.
(h) Development protects the continuation of lawfully established rural activities. New rural activities protect the amenity and development potential within urban zones.
(i) The community is supported by highly accessible convenience centres. The Pallara convenience centre is a community focal point with a dedicated multipurpose community space.
(j) Subdivision avoids creating large clusters of smaller lots, and the road layout uses laneways or similar design outcomes to provide high quality streetscape and reduce the number of closely spaced vehicle crossovers on non-laneway streets.
(k) Development including fencing located opposite or directly adjoining a school, public road or public open space is designed to provide opportunities for passive surveillance.
(l) Retirement facilities or residential care facilities may be acceptable where the site is within 400m walking distance of any part of the lot frontage of a site or sites in a zone in the centre zones category, or directly adjoining or opposite a park or school, and the site area is not less than 3,000m2. The scale is consistent with the preferred character of the residential area.
(m) Local informal use parks are positioned within 500m of residential land.
(n) Existing and proposed parks form a comprehensive and integrated open space network. Site design of the district sports park retains koala habitat where possible.
(o) The new linear district informal use park will provide a multipurpose open space linkage that provides connectivity between the district sport park, the proposed convenience centre in Pallara and the existing school on Ritchie Road.
(p) Significant native vegetation within the proposed linear district informal use and local informal use parks will be retained to provide fauna habitat, amenity and the preservation of the historic semi-rural nature of the Lower Oxley Creek south landscape. Site design also ensures safe koala movement.
(q) The Queensland Government has identified an opportunity to potentially accommodate a high voltage overhead powerlines within the Paradise Road corridor as identified in Figure a. Development must not prejudice establishment of the powerlines.
(r) Land in Brisbane River flood planning area sub-categories, Creek/waterway flood planning area sub-categories or Overland flow flood planning area sub-category has a risk of flooding and is highly sensitive to earthworks. Any earthworks, in particular filling, is limited in extent to ensure that development does not directly, indirectly or cumulatively impact on flooding in the creek catchment.
(4) Land in residential zones and the High ecological significance sub-category of the Biodiversity areas overlay overall outcomes are:
(a) This zone is intended for larger urban lots that provide a habitat transition between low density residential areas, environmental protection areas and waterway corridors. The precinct provides koala movement opportunities including safe access to koala habitat trees and access between koala habitats.
(b) Dwelling houses, including domestic outbuildings, pools, tennis courts and driveways, are located within development footprint plans that protect significant native vegetation and maximise koala habitat retention. Non-juvenile koala habitat trees are retained and koala friendly fencing is provided to enhance koala movement opportunities.

Note—Koala habitat trees are as defined in the Biodiversity areas overlay code.

(5) Land in the Neighbourhood centre zone overall outcomes are:
(a) Residential communities within the Pallara and Heathwood areas will be serviced by 2 new and 1 existing centrally positioned neighbourhood centres that meet the day-to-day needs of the resident population. The location of these centres is limited to the extent of land in the Neighbourhood centre zone.
(b) The centres are located on highly accessible sites taking advantage of the existing road network, planned road hierarchy, public transport routes and pedestrian and bike paths.
(c) The existing neighbourhood centre is located on the corner of Stapylton and Parkwood Drive. The expansion of this existing centre is not supported.
(d) Neighbourhood centres are limited in scale and intensity and only provide local convenience services and facilities to the surrounding residential neighbourhoods. Acceptable types of services and facilities include a range of centre activities. Individual shop tenancies are predominantly small scale. Full-line supermarkets, discount department stores and retail/bulky goods warehousing are not supported in these centres.
(e) Buildings are orientated towards the street, provide active frontages and manage the interface between potentially incompatible uses through landscape buffers or similar strategies to soften the appearance and manage operational impacts. Mixed use is encouraged where residential dwellings can be located above ground or behind non-residential uses, and access and servicing is sited to avoid potential conflict.
(f) The centre located on the corner of Ritchie Road and Laxton Road in Pallara is the larger of the 2 new centres. The maximum non-residential-only gross floor area is not expected to exceed 6,000m2. The centre will include a multipurpose community space suitable for accommodating a range of community purposes. The community space contributes to the centre, acting as a community hub for the area.
(g) The neighbourhood centre located on the corner of the Stapylton Road and Wadeville Street is the smaller of the 2 new centres, recognising its smaller catchment and the existing nearby neighbourhood centre. The maximum non-residential-only gross floor area is not expected to exceed 1,500m2. Vehicular access on this site is carefully managed to avoid adversely impacting on Stapylton Road and Wadeville Street intersection.
(6) Paradise Road precinct (Lower Oxley Creek south neighbourhood plan/NPP-001) overall outcomes are:
(a) This precinct is highly constrained and unsuitable for urban development.
(b) Should the extractive industry activities cease on Lot 5 on RP 204759, there may be an opportunity to establish sport and recreation activities and mixed business or light industrial/warehousing.
(c) Any development proposal for Lot 5 on RP 204759 must demonstrate that the entire precinct can be suitably remediated and rehabilitated, site-based constraints can be appropriately managed, cumulative impacts of flooding managed, ecological values protected and infrastructure provided to Council standard.
(7) Land in the Environmental management zone overall outcomes are:
(a) The rural residential character in this precinct is retained, predominantly characterised by large rural residential lots and lots with Biodiversity values.
(b) Where opportunities arise, offset planting is to be located in this zone in accordance with requirements of the Biodiversity offsets code and not adversely affecting existing biodiversity values in this zone.

7.2.12.3.3 Performance outcomes and acceptable outcomes

Table 7.2.12.3.3—Performance outcomes and acceptable outcomes
Performance outcomes
Acceptable outcomes
Section A—If for accepted development subject to compliance with identified requirements (acceptable outcomes only) or assessable development
If in a zone in the residential zones category and any sub-category of the Biodiversity areas overlay and for a dwelling house or outdoor lighting
PO1
Development for a dwelling house and associated development is located to:
(a) minimise impact on biodiversity values;
(b) provide a reasonable development footprint for a dwelling house and associated development.
AO1
Development for a dwelling house and associated ancillary development or outdoor lighting is:
(a) located within an approved development footprint plan; or
(b) within a development footprint that is:
(i) located within a maximum 600m2 development footprint area;
(ii) regular in shape with a minimum dimension of 15m;
(iii) located a minimum 6m from any public road, except for a driveway.
If in the Environmental management zone and any sub-category of the Biodiversity areas overlay and for a dwelling house or outdoor lighting
PO2
Development for a dwelling house and associated development is located to:
(a) maximise retention, establishment and maintenance of biodiversity values;
(b) provide a reasonable development footprint for a dwelling house and associated development.
AO2
Development for a dwelling house and associated ancillary development or outdoor lighting is:
(a) located within an approved development footprint plan; or
(b) within a development footprint that is:
(i) located within a maximum 2,750m2 development footprint area;
(ii) regular in shape with a minimum dimension of 35m;
(iii) located a minimum 10m from any public road, except for a driveway.
Section B—If for assessable development
General
PO3
Development provides infrastructure to encourage the roll out of high-speed broadband networks.
AO3
New lots are provided with high-speed telecommunications infrastructure.
PO4
Development provides separation distance between potentially incompatible land uses that:
(a) protects the amenity of new development from noise disturbance and impacts from air quality;
(b) avoids prejudicing the continuation of lawfully established rural activities.

Note—For further guidance on separation distances and buffer designs refer to the SPP state interest guideline—Agriculture.

AO4
Development ensures that the separation distance between sensitive uses or sensitive zone and the premises of an existing rural activity is more than 250m.
Where land is in a zone in the residential zones category and the General ecological significance sub-category of the Biodiversity areas overlay

Note—This excludes sites located in a neighbourhood centre.

Note—A restoration plan is a plan to assist in the recovery of an ecosystem that has been degraded, damaged or destroyed. It is prepared and implemented consistent with the format and principles in the Biodiversity areas planning scheme policy.

PO5
Where land is identified within a zone in the residential zones category or the industrial zones category, significant vegetation is protected, conserved and rehabilitated to ensure its long term viability.
AO5
Where land is identified within a zone in the residential zones category or the industrial zones category, significant native vegetation is:
(a) protected from development including edge effects;
(b) rehabilitated in accordance with a restoration plan.
PO6
Where land is identified within a zone in the residential zones category or the industrial zones category and all actions to protect significant native vegetation have been implemented and development still requires its removal, a biodiversity offset is provided that:
(a) provides a biodiversity offset metric for clearing of significant native vegetation;
(b) results in a substantial net gain of significant native vegetation.

Note—Guidance on biodiversity offsets can be found in the Offsets planning scheme policy.

AO6
Biodiversity offsets are delivered in accordance with the Biodiversity offset code to general ecological significance.
PO7
The location of new roads enhances connectivity and permeability. Where possible, new roads are coordinated with the provision of trunk drainage infrastructure and/or are located on the perimeter of parks.
AO7
Mid-block road connects are provided between:
(a) Van Dieren Road and Laxton Road;
(b) Laxton Road and Sweets Road;
(c) Wadeville Street and Stapylton Road;
(d) as shown in Figure a.
PO8
Development does not prejudice a future east–west road connection over Blunder Creek to Brookside Street as indicated in Figure a.

Note—The preferred location and alignment of the east–west connection to Doolandella will be determined in conjunction with Council. Public transport accessibility must be considered in the positioning of the new road link (shown as new road, indicated in Figure a).

AO8
No acceptable outcome is prescribed.
PO9
Development does not prejudice the future upgrade of Paradise Road as indicated in Figure a.
AO9
No acceptable outcome is prescribed.
PO10
Development provides for local informal use parks that:
(a) are of a sufficient area and dimension to cater for a range of local recreational activities;
(b) are of sufficient size to protect significant native vegetation;
(c) are sited in locations where housing can provide casual surveillance of the park
(d) are within walking distance to most residents.
AO10
Development incorporates future parks as indicated in Figure a that:
(a) are a minimum size of 1ha;
(b) are a minimum road frontage of 50%;
(c) are located within 500m walking distance of most residents.
PO11
Stormwater management infrastructure is:
(a) integrated with other urban infrastructure and is located on privately owned land; or
(b) located in public parks of sufficient size to ensure that it does not compromise the utility, amenity or functioning of the park, in accordance with desired standards of service; and is suitably designed and located to reduce maintenance requirements and whole of life costs.
AO11
Stormwater management infrastructure is located:
(a) on privately owned land for community title developments; or
(b) on road reserves only where:
(i) the road reserve width is sufficient to ensure batter grades do not exceed 1V:4H;
(ii) the infrastructure can be suitably located to avoid driveway crossovers and avoid conflicts with standard alignments for services;
(iii) the infrastructure can be integrated with traffic calming devices, street trees and other landscaping; or
(c) in public parks where:
(i) the park comprises an area of at least 1ha;
(ii) the treatment area is the park is no greater than 50% of the catchment's total water quality treatment area requirements, with the remaining treatment area distributed through development areas as water sensitive urban design;
(iii) it does not occupy more than 5% of the total park area;
(iv) it incorporates landscaping consistent with the character of the public park and avoids the use of retaining walls;
(v) it is provided with suitable access for maintenance purposes;
(vi) it does not reduce the range or quality of recreational opportunities available in the park according to the intended function and desired standard of service for the park type.
PO12
Development that has a common boundary to a park or school provides opportunities for the passive surveillance of parks and schools.
AO12
Development ensures the height of fences/walls that have a common boundary with a park or school do not exceed:
(a) 1.8m if 50% transparent;
(b) 1.5m if solid.

Note—Transparent fencing must not include barbed wire, chain wire or similar materials.

If in the Low density residential zone where for a house on a lot less than 400m2
PO13
Development for small house lots:
(a) are located on land physically suitable to accommodate the intended housing form;
(b) avoid a repetitive streetscape appearance;
(c) avoid the proliferation of closely spaced vehicle crossovers and maximise on-street parking opportunities;
(d) do not undermine the intended character of the zoning;
(e) are of a sufficient size to accommodate the intended housing form;
(f) are limited in extent and represent only a very small proportion of the overall lot mix.
AO13.1
House lots have an area of at least 250m2.
AO13.2
No more than 5 house lots with a minimum size of less than 400m2 fronting the same street adjoin each other.
AO13.3
Lots less than 400m2 do not exceed 5% of the total number of proposed lots.
If in the Low density residential zone where for multiple dwellings
PO14
Development is located on a site that:
(a) has a sufficient area to achieve an integrated development outcome with height, density and setback transition to neighbouring houses or low density areas;
(b) is conveniently located near shops, public transport services and other community facilities.
AO14
Development is located:
(a) with a minimum site area of 3,000m2;
(b) within 400m walking distance of public transport stops with 20 minute frequency peak-hour services;
(c) within 800m walking distance of any part of a site or sites in an existing or planned convenience centre.
PO15
Development reflects a lower intensity residential character and integrates with adjoining sites through:
(a) a mix of dwelling types and building forms such as freestanding houses and townhouses where the proportion of freestanding houses increases for larger sites;
(b) dwellings addressing public streets;
(c) connection to the existing or proposed local street and park network;
(d) legible and direct pedestrian and cyclist access to surrounding and future community facilities in the area, such as schools, parks, centres and public transport;
(e) transitioned height, density and setback to adjacent sites;
(f) new public roads reducing the scale of the development.
AO15.1
Where directly facing a public street:
(a) multiple dwellings have the form of detached dwellings or townhouses (duplexes);
(b) a maximum of two multiple dwellings have the same:
(i) frontage boundary setback;
(ii) facade design;
(iii) colour and materials.
AO15.2
Development provides connections to existing or proposed road, park and pathway networks.
AO15.3
Development is located within 60m of a public road.
AO15.4
A minimum 6m setback is applied to all site boundaries.
AO15.5
Development on sites of 7,000m2 or greater:
(a) includes public roads;
(b) is not gated.
PO16
Development respects the intensity and form of the neighbourhood and demonstrates an appropriate site density.
AO16
Development does not exceed 1 dwelling per 200m2 of site area.
PO17
Development is of a bulk and scale consistent with the intended form and character of the local area having regard to:
(a) existing buildings that are to be retained;
(b) vegetation protection;
(c) significant infrastructure or service constraints, such as tunnels;
(d) existing and proposed building heights in the local area and street;
(e) adjoining buildings and separation distances of buildings to ensure impacts on residential amenity and privacy are minimised;
(f) the impact of slope.
AO17
The maximum site cover is 45%.
If in the Low–medium density residential zone
PO18
Dwelling layout and design provides opportunities for the passive surveillance of public spaces.
AO18
Dwellings that have a common boundary with, or are located directly opposite a park incorporate large windows, balconies or courtyards facing the park.
PO19
Development provides visual interest and achieves a varied streetscape appearance. A repetitive site layout and built form is avoided where multiple dwellings directly adjoin a public road.
AO19
Where directly facing a public street, a maximum of two multiple dwellings in a row have the same:
(a) frontage boundary setback;
(b) facade design;
(c) colour and materials.
If in the Low-medium density residential zone where for lots less than 400m2
PO20
Development of house lots less than 400m2:
(a) are of a sufficient size to accommodate the intended housing form;
(b) are located on land physically suitable to accommodate the intended housing form;
(c) avoid a repetitive streetscape appearance;
(d) avoid the proliferation of closely spaced vehicle crossovers and maximise on-street parking opportunities;
(e) do not undermine the intended character of the zoning.
AO20.1
House lots have an area of at least 250m2.
AO20.2
No more than five house lots with a minimum site of less than 400m2 fronting the same street adjoin each other.
If in a zone in the residential zones category and the High ecological significance sub-category of the Biodiversity areas overlay
PO21
Lot layout, siting and size, building footprints and filling and excavation:
(a) are consistent with the landscape character intent of the precinct;
(b) maximise the preservation of koala habitat values;
(c) facilitate safe koala movement;
(d) minimise edge effects;
(e) provide a koala habitat transition between urban and non-urban areas;
(f) are designed and sited to avoid or appropriately mitigate natural hazards in accordance with acceptable standards.
AO21.1
The lot size is not less than 1,500m2.
AO21.2
Each lot contains a development footprint plan that is:
(a) a maximum of 600m2;
(b) set back from any public road by a minimum distance of 6m, except driveway;
(c) regular in shape with a minimum dimension of 15m;
(d) located outside a waterway corridor, as shown on the Waterway overlay map;
(e) situated no less than 100m from the Moonie oil pipelines;
(f) situated no less than 100m from AGL gas pipeline.
AO21.3
A development footprint plan for each proposed lot, is nominated for:
(a) the potential dwelling including secondary dwellings;
(b) all ancillary buildings and structures, such as pools, tennis courts or other impervious recreation services and outbuildings such as garages;
(c) parking areas and accesses/driveways;
(d) excavation, filling and retaining walls;
(e) where applicable, a home-based business, satellite dish and outdoor lighting.
AO21.4
Development does not result in clearing koala habitat or clearing koala habitat is limited to the nominated development footprint plan.
AO21.5
Areas outside the nominated development footprint plan are rehabilitated in accordance with a restoration plan. The restoration plan includes recognised koala habitat trees.

Note—Refer to the Biodiversity areas planning scheme policy for a list of recognised koala habitat trees.

Note—A restoration plan is a plan to assist in the recovery of an ecosystem that has been degraded, damaged or destroyed. It is prepared and implemented consistent with the format and principles contained in the Biodiversity areas planning scheme policy.

AO21.6
Filling and excavation does not occur outside the nominated development footprint.
AO21.7
Filling and excavation does not occur within the drip line (root zone) of non-juvenile koala habitat trees.
If in the Neighbourhood centre zone
PO22
The centre provides local services within walking distance of residents. Building layout and design is of a scale and intensity that reflects the intended convenience function and character of the centre and does not result in overdevelopment of the site.
AO22.1
The non-residential-only gross floor area does not exceed:
(a) 6,000m2 for the Pallara neighbourhood centre located on the corner of Ritchie Road and Laxton Street; or
(b) 1,500m2 for the Stapylton Road Wadeville Street neighbourhood centre located on the corner of Stapylton Road and Wadeville Street.
AO22.2
The gross floor area for a shop (supermarket) does not exceed:
(a) 1,500m2 for the Pallara neighbourhood centre located on the corner of Ritchie Road and Laxton Street;
(b) 500m2 for the Stapylton Road/Wadeville Street neighbourhood centre located on the corner of Stapylton Road and Wadeville Street.
Community space in the Pallara neighbourhood centre located on the corner of Ritchie Road and Laxton Street
PO23
Development incorporates a multipurpose space in the Pallara neighbourhood centre for community use. The space is adaptable, accessible, integrated with the centre, includes an indoor and outdoor area, and is provided with a range of basic amenities to fulfill the functions of a community facility servicing the local community.
AO23.1
An indoor space is provided having a minimum gross floor area of 250m2 for community use.
AO23.2
Where located at ground level:
(a) the internal space is directly linked to an outdoor landscape and recreation area of 50m2 and has a minimum dimension of 5m;
(b) the outdoor recreation space is developed in accordance with a landscape concept plan that includes seating and shade devices.
AO23.3
Where located above ground level, the internal space is directly linked to an outdoor area of 25m2 and has a minimum dimension of 5m.
AO23.4
The space is provided with separate pedestrian access after normal business hours.
If in the Paradise Road precinct (Lower Oxley Creek south neighbourhood plan/NPP-001)
PO24
Any development proposal must demonstrate that the entire precinct can be suitably remediated and rehabilitated, site-based constraints can be appropriately managed, cumulative impacts of flooding managed, ecological values protected and infrastructure provided to a Council standard.
AO24
No acceptable outcome is prescribed.
If in the Environmental management zone
PO25
The lot layout, siting and size, development footprint plans and filling and excavation:
(a) is consistent with the landscape character intent of the zoning;
(b) protects significant native vegetation;
(c) facilitates safe koala movement;
(d) minimises edge effects.
AO25.1
Each lot contains a development footprint plan that is:
(a) a minimum of 2,750m2;
(b) set back from any public road a minimum distance of 10m except for a driveway;
(c) a regular shape with a minimum dimension of 35m;
(d) located outside a waterway corridor as shown on the Waterway overlay map (excluding properties fronting Esky Road, Vied Road and Landel Road and located within a waterway corridor);
(e) situated no less than 100m from the Moonie oil pipeline;
(f) situated no less than 100m from the AGL gas pipeline.
AO25.2
A development footprint plan for each proposed lot, is nominated for:
(a) the potential dwelling, including secondary dwellings;
(b) all ancillary buildings and structures, such as pools, tennis courts or other impervious recreation services and outbuildings such as garages;
(c) parking areas and accesses/driveways;
(d) excavation, filling and retaining walls;
(e) where required, sufficient area for an on-site waste water management system for effluent disposal;
(f) where applicable, a home business, satellite dish and outdoor lighting.
AO25.3
The lot layout and siting of the development footprint plan maximises the connectivity between areas of significant native vegetation within and external to the site.
AO25.4
Development does not result in the clearing of significant native vegetation.
AO25.5
Areas outside the nominated development footprint plan are rehabilitated in accordance with a restoration plan. The restoration plan includes recognised koala habitat trees.

Note—A restoration plan is a plan to assist in the recovery of an ecosystem that has been degraded, damaged or destroyed. It is prepared and implemented consistent with the format and principles contained in the Biodiversity areas planning scheme policy.

AO25.6
Filling and excavation does not occur within the drip line (root zone) of significant native vegetation.
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