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9.3.16 Park code

9.3.16.1 Application

(1) This code applies to assessing a material change of use or building work if:
(a) accepted development subject to compliance with identified requirements, where acceptable outcomes of this code are identified requirements in a table of assessment for a material change of use (section 5.5), a neighbourhood plan (section 5.9) or building work (section 5.7); or
(b) assessable development where this code is an applicable code identified in the assessment benchmarks column of a table of assessment for a material change of use (section 5.5), a neighbourhood plan (section 5.9) or building work (section 5.7); or
(c) impact assessable development for a park or a use of a similar nature.
(2) When using this code, reference should be made to section 1.5 and section 5.3.3.

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

Note—A market and a theatre if an outdoor cinema are both accepted development where in the District zone precinct or the Metropolitan zone precinct.

Note—A food and drink outlet does not include uses covered by the Roadside vending local law such as coffee vans. These uses are subject to the local law, not the planning scheme.

Note—This code contains embellishment standards for non-trunk parks. Embellishment standards for the public park network, that is trunk infrastructure, are contained in the Local government infrastructure plan.

Note—Where this code includes performance outcomes or acceptable outcomes that relate to:

9.3.16.2 Purpose

(1) The purpose of the Park code is to assess the suitability of development to which this code applies.
(2) The purpose of the code will be achieved through the following overall outcomes:
(a) Development is of a size and scale that is consistent with the intent of the park type and zone precinct.
(b) Development of any park in the Environmental management zone or Conservation zone will preserve and enhance the biodiversity and ecological values of the land.
(c) Development uses landscaping, built structures and lighting which contribute to a high-quality public realm and reinforce a subtropical landscape.
(d) Development provides opportunities for multipurpose use for a variety of complementary community purposes and is easily adaptable for future change.
(e) Development ensures that access to and within the park is safe, convenient for all visitors and is appropriate to the park and intended use.

9.3.16.3 Performance outcomes and acceptable outcomes

Table 9.3.16.3—Performance outcomes and acceptable outcomes
Performance outcomes
Acceptable outcomes
PO1
Development ensures that:
(a) the type and form of the development is consistent with the range of activity and intensity of use envisaged within the zone and zone precinct while providing for a range of the following opportunities:
(i) informal recreation;
(ii) community meeting and gathering space;
(iii) indoor or outdoor sporting activities;
(iv) active transport routes;
(v) scenic and landscape amenity;
(vi) ecological conservation and linkages;
(vii) conservation of cultural heritage;
(viii) cultural expression and identity;
(ix) education or interpretive opportunities;
(x) economic or tourism opportunities;
(b) park infrastructure is:
(i) of a high quality;
(ii) compatible with being in a public area;
(iii) suited to the zone and zone precinct in which the land is, or is intended to be, included within;
(c) access and circulation facilities throughout the park provide safe access points and links to major activity spaces and facilities and other components of the public open space system.
AO1
Development is:
(a) in compliance with a master or management plan adopted in the Park management plan planning scheme policy; or
(b) in compliance with AO2 to AO10, as required.

Note—These park facilities are to be designed and constructed in compliance with the standards in the Infrastructure design planning scheme policy.

Note—Embellishment standards for the public park network, that is trunk infrastructure, are applied in the Local government infrastructure plan. These works are also to be provided to the standards in the Infrastructure design planning scheme policy.

If in a zone other than the Environmental management zone or Conservation zone
PO2
Development is located, designed and constructed to deliver the desired Standard of service for public park infrastructure as described in the Local government infrastructure plan.
AO2
Development provides park facilities as trunk park infrastructure in accordance with the Local government infrastructure plan.
PO3
Development is of an appropriate size and scale for its park type as described in the Local government infrastructure plan and zone precinct to ensure that parks are predominantly open in landscape character and are readily maintainable by the Council.
AO3.1
Development on land in the Local zone precinct excluding urban commons involves only building or structures complying with the following size thresholds:
(a) gazebos and shelters with a maximum individual building footprint for of 50m2;
(b) a maximum combined building footprint of 500m2 for all new and existing buildings and structures or 10% of the park area, whichever is less.
AO3.2
Development on land in the District zone precinct excluding urban commons involves only buildings or structures complying with the following size and proximity thresholds:
(a) gazebos and shelters with a maximum individual building footprint of 60m2;
(b) club, community use, food and drink outlet and environment facility buildings with a maximum individual building footprint of 500m2 and no more than 2 storeys;
(c) outdoor performance stages with a maximum individual building footprint of 150m2 and no closer than 50m to land in a zone in the residential zones category or to an existing residential dwelling;
(d) sport and recreation facilities such as practice nets, skating and BMX facilities no closer than 50m to land in a zone in the residential zones category or to an existing residential dwelling;
(e) ancillary buildings such as storage or maintenance sheds with a maximum individual building footprint of 120m2;
(f) public toilets with a maximum individual building footprint of 150m2;
(g) a maximum combined building footprint of 1,000m2 for all new and existing buildings and structures or 10% of the park area, whichever is less.
AO3.3
Development on land in the Metropolitan zone precinct excluding urban commons involves only buildings or structures complying with the following size and proximity thresholds:
(a) gazebos and shelters with a maximum individual building footprint of 150m2;
(b) club, community use, food and drink outlet and environment facility buildings with a maximum individual building footprint of 700m2 and no more than 2 storeys;
(c) outdoor performance stages with a maximum combined building footprint of 250m2 and no closer than 100m to land in a zone in the residential zones category or to an existing residential dwelling;
(d) sport and recreation facilities, such as informal sports fields, practice nets, skating and BMX facilities no closer than 50m to land in a zone in the residential zones category or to an existing residential dwelling;
(e) ancillary buildings, such as storage or maintenance sheds with a maximum individual building footprint of 120m2;
(f) public toilets with a maximum individual building footprint of 300m2;
(g) a maximum combined building footprint of 2,500m2 for all new and existing buildings and structures or 10% of the park area, whichever is less.
AO3.4
Development in an urban common park type complies with the following:
(a) a minimum of 50% of the space is open to the sky, that is, there is no roof;
(b) buildings and structures are only provided to support community events, gathering or performances.
PO4
Development and use of the park must maximise public access where it will not have an adverse impact on the open space values of the park.
AO4
Development does not prohibit public access, except where:
(a) an organised activity such as a sporting event or carnival requires temporary exclusive use; or
(b) access will be temporarily restricted to protect the biodiversity values of the park such as for the duration of a breeding season or to allow bushland rehabilitation or to control erosion; or
(c) infrastructure requiring restricted access or fencing is located in the park such as for safety reasons; or
(d) the park has a current lease or licence approved by the Council which allows for restricted or controlled public access; or
(e) a management plan or master plan adopted as a planning scheme policy specifically states otherwise.
PO5
Development requiring the provision of outdoor lighting does not have an adverse impact on any person, activity or fauna because of light emissions, either directly or by reflection.
AO5.1
Development ensures that the technical parameters, design, installation, operation and maintenance of outdoor lighting comply with the requirements of AS 4282-1997 Control of the obtrusive effects of outdoor lighting.
AO5.2
Development adjoining residential areas uses outdoor lighting that gives no upward component of light where mounted horizontally, such as a full cut off luminar.
PO6
Development requiring the provision of outdoor lighting must ensure light fixtures and fittings:
(a) are provided to facilitate the safe use of park infrastructure;
(b) are located to minimise loss of residential amenity through glare and noise associated with night-time use of a park;
(c) are not visually intrusive;
(d) are appropriate to the parkland setting.
AO6
Development provides outdoor lighting using crime prevention through environmental design principles to provide adequate illumination for public facilities which are available for use after dusk and before sunrise, including:
(a) illumination of footpaths and entrapment locations rather than windows and external roads;
(b) use of multiple light sources rather than single fittings, to provide uniform light levels;
(c) use of low-level fixtures which are vandal resistant where tree canopies would otherwise obscure lighting.

Note—Refer to the Crime prevention through environmental design planning scheme policy.

PO7
Development must enhance the park’s amenity, including the subtropical landscape, and functionality, and facilitate efficient and effective maintenance.
AO7
(a) Development is landscaped in compliance with a master plan or management plan adopted as a planning scheme policy; or
(b) Development uses landscaping to:
(i) discourage graffiti on walls, such as retaining walls and acoustic barrier fences;
(ii) break up large areas of hard landscaping, such as car parks;
(iii) add visual interest and structure to extensive open areas;
(iv) create new spaces, nodes or buffers within the open space;
(v) provide screening along site boundaries;
(vi) enhance areas of retained vegetation;
(vii) provide natural shade in key activity areas, such as children's play and spectator seating areas;
(viii) reinforce a subtropical setting.
PO8
Development outside of the City core and City frame identified in Figure a of the Transport, access, parking and servicing code, provides on-site parking spaces that accommodate design peak parking demands without overflow parking to an adjacent premises or adjacent streets.
AO8
Development provides on-site parking which is in compliance with the standards in the Transport, access, parking and servicing planning scheme policy.
If in the Environmental management zone or Conservation zone
PO9
Development must:
(a) be of an appropriate size and scale to ensure the park is compatible with and complementary to the primary function of protecting and enhancing biodiversity and ecological integrity;
(b) only accommodate sustainable, nature-based recreation;
(c) not adversely impact on the environmental values;
(d) be of a high quality, suitable for public use and consistent with the intent of the zone and zone precinct;
(e) ensure that access and circulation facilities enable safe access to and within the park and provide links to any adjoining open spaces.
AO9.1
Development:
(a) involves only those car parking areas, buildings or structures that comply with the following size thresholds:
(i) a maximum of 10 car parking spaces unless otherwise approved in a natural area management plan adopted as a planning scheme policy;
(ii) gazebos, shelters and bird hides with a maximum individual building footprint of 60m2 in local or district parks and a individual building footprint of 150m2 in metropolitan parks;
(iii) food and drink outlet buildings with a maximum individual building footprint of 350m2 and no more than 2 storeys;
(iv) environment facility buildings with a maximum individual building footprint of 700m2 and no more than 2 storeys;
(v) ancillary buildings such as storage or maintenance sheds with a maximum individual building footprint of 100m2;
(vi) public toilets, such as unisex composting toilets where the site is not sewered, of no more than 2 cubicles; or
(b) is in compliance with a natural area management plan or master plan adopted in the Park management plan planning scheme policy.
AO9.2
Development provides fencing that:
(a) defines boundaries and/or restricts access where required;
(b) facilitates the safe movement of native fauna and/or excludes fauna from arterial roads or motorways;
(c) does not impede flood waters and flood-borne debris.

Note—These park facilities are to be designed and constructed in compliance with the standards in the Infrastructure design planning scheme policy.

Note—Embellishment standards for the public park network, that is trunk infrastructure, are stated in the Local government infrastructure plan. These works are also to be provided to the standards in the Infrastructure design planning scheme policy.

PO10
Development requiring the provision of outdoor lighting does not have an adverse impact on any person, activity or fauna because of light emissions, either directly or by reflection.
AO10
Development ensures that technical parameters, design, installation, operation and maintenance of outdoor lighting comply with the requirements of AS 4282-1997 Control of the obtrusive effects of outdoor lighting.

Note—Details regarding the design of lighting to protect biodiversity is provided in the Biodiversity areas planning scheme policy.

Editor's note—For a proposal to be accepted development subject to compliance with identified requirements, it must meet all of the identified acceptable outcomes of this code and any other applicable code. Where it does not meet all identified acceptable outcomes, the proposal becomes assessable development and a development application is required. Where a development application is triggered, only the specific acceptable outcomes that the proposal fails to meet need to be assessed against the corresponding assessable acceptable outcomes or performance outcomes and relevant overall outcomes. Other identified acceptable outcomes that are met are not assessed as part of the development application.

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