watermark

9.3.20 Rural activities code

9.3.20.1 Application

(1) This code applies to a material change of use if:
(a) self-assessable or assessable development where this code is an applicable code identified in the assessment criteria column of a table of assessment for a material change of use (section 5.5) or a neighbourhood plan (section 5.9); or
(b) impact assessable development for rural activities (activity group) or a use of a rural nature.
(2) When using this code, reference should be made to section 1.5 and section 5.3.3.

Editor’s note—Although not considered as part of the development application, the Environmental Protection Act 1994 sets requirements in relation to the operation of the use that are to be complied with in addition to any requirements of this code. This includes matters such as the control of contaminants resulting from any activity.

Note—For both code and impact assessable development, Planning Guidelines—Separating Agricultural and Residential Land Uses 1997, published by the Department of Natural Resources, provides guidance to meet the performance outcomes in this code. The document also provides guidance for operation of self-assessable rural activities.

Editor’s note—Clearing of any vegetation protected under the Council’s Natural assets local law will require a permit issued by the Council prior to any interference or damage occurring to protected vegetation.

Editor’s note—A rural activity group use may also need to comply with the requirements of other relevant Council local laws relating to the keeping of animals. Refer to Brisbane’s local laws on the Database of Local Laws.

9.3.20.2 Purpose

(1) The purpose of the Rural activities 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 does not prejudice the ongoing operation of farming in rural areas.
(b) Development does not result in unreasonable impacts on the environment, landscape values or the amenity of surrounding areas.
(c) Development ensures that setbacks to buildings or structures do not impact on the amenity of adjoining properties or the open landscape character of the rural area.
(d) Development ensures that the display and sale of goods does not adversely impact upon the amenity, character or safety of rural areas, or the safety and efficiency of roads.
(e) Development ensures that rural industries support rural production in their immediate vicinity.
(f) Development makes adequate provision for the disposal wastes in a manner that protects public health and avoids environmental nuisance or harm.

9.3.20.3 Assessment criteria

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

Table 9.3.20.3.A—Criteria for self-assessable and assessable development
Performance outcomes
Acceptable outcomes
Section A—If for self-assessable or assessable development
PO1
Development must not result in unreasonable impacts on the environment, landscape values or the amenity of surrounding areas.
AO1
Development is restricted to:
(a) husbandry, including keeping and breeding livestock and bees, where the livestock are housed a minimum of 15m from any residential building on the site and 100m from any residential building on adjoining premises;
(b) horticulture;
(c) forestry, involving the planting, tending or harvesting of trees in a plantation or a native forest;
(d) storing produce resulting from horticulture carried out on the site;
(e) storing equipment used for rural activities carried out on the site;
(f) ancillary buildings of less than 9.5m in height.
PO2
Development ensures the siting of horticultural structures must not impact on the amenity of adjoining properties or the open character of the area.
AO2
Development ensures that any horticultural structure, including all greenhouses and other roofed structures used for cultivating crops, is set back at least 6m from any property boundary.
PO3
Development ensures that roof water run-off from horticultural structures must not cause any increase in flooding or drainage problems.
AO3
Development ensures that the total roofed area, which includes all impervious roofing materials such as glass or plastic sheeting, of horticultural structures, including all greenhouses and other roofed structures used for cultivating crops, on the site does not exceed 500m2.
PO4
Development for the display and sale of goods does not impact negatively upon the amenity, character or safety of rural areas and the safety and efficiency of roads.
AO4.1
Development of any structure used for the sale of goods or produce has a maximum gross floor area of 25m2.
AO4.2
Development provides access to the structure via the primary property access point.
AO4.3
Development ensures that produce or goods sold are grown, made or produced on or adjacent to the land on which the roadside stall is erected.
Section B—If for assessable development
PO5
Development is established only where associated with rural production in the immediate vicinity.
AO5
Development ensures that rural industry involves the storage, processing or packaging of products produced on land within 10 km of the site.
PO6
Development ensures that natural topography and vegetation effectively screen from nearby dwellings, community uses and any road or other public view point.

Editor’s note—Council recommends that applicants seeking approval for an intensive animal industry refer to the Reference Manual for the Establishment and Operation of Beef Cattle Feedlots in Queensland, Queensland Dairy Farming Environmental Code of Practice and Environmental Code of Practice for Queensland Piggeries and that applicants consult with the State Government prior to the lodgement of a development application.

AO6
Development is:
(a) located below the ridgeline;
(b) screened by a 2m wide landscape buffer along any side of the building greater than 15m in length that is visible from a road or public vantage point such as a park.
PO7
Development:
(a) avoids or minimises air emissions;
(b) complies with the odour criteria in Table 9.3.20.3.B in a sensitive zone, and at a sensitive use in a rural zone.

Note—An air quality impact report prepared in accordance with the Air quality planning scheme policy can assist in demonstrating this performance outcome.

Editor’s note—Council recommends that applicants seeking approval for an intensive animal industry refer to the reference manual for the establishment and Operation of Beef Cattle Feedlots in Queensland, Queensland Dairy Farming Environmental Code of Practice and Environment Code of Practice to Queensland Piggeries, and that applicants consult with the State Government prior to the lodgement of a development application.

AO7
Development does not involve an activity which generates odour beyond the site.
If for a market
PO8
Development is designed to provide for:
(a) convenient pedestrian access and movement;
(b) legibility between stalls and existing surrounding uses;
(c) pedestrian comfort and safety, including the provision of public toilet facilities;
(d) waste disposal facilities appropriate to the type and scale of the use.
AO8.1
Development provides pedestrian access or pathways of a minimum of 2m wide between stall fronts.
AO8.2
Development provides a site layout to ensure that stalls provide view corridors and pedestrian circulation access to adjacent roads and advertising signs.
AO8.3
Development provides public toilets within the area of the market or located within 200m of the market.
AO8.4
Development provides public signage to identify the location of and the entry to public toilet facilities.
PO9
Development provides for emergency vehicle access to and within the market.
AO9
Development provides a minimum 3m wide clear emergency vehicle access movement path that is to be maintained through or around the market.

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.

Table 9.3.20.3.B—Odour criteria
Pollutant
Averaging time
Health outcome protected
Criteria (odour units–OU)
Odour
1 hour
Odour
0.5 OU for tall stacks
Odour
1 hour
Odour
2.5 OU for ground-level and wake-affected plumes from short stacks

Note—Odour criteria are to be evaluated using the 99th percentile concentration from dispersion modelling.

^ Back to Top