8.2.7 Commercial character building (activities) overlay code

8.2.7.1 Application

(a) This code applies to assessing development in the Commercial character building overlay, if: accepted development subject to compliance with identified requirements, where acceptable outcomes of this code are identified requirements in a table of assessment for an overlay (section 5.10); or assessable development where this code is an applicable code identified in the assessment benchmarks column of a table of assessment for an overlay (section 5.10); or impact assessable development. (b) Land in the Commercial character building overlay is identified on the Commercial character building overlay map and is included in the Commercial character building site sub-category. (c) 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—Where this code includes performance outcomes or acceptable outcomes that relate to: commercial character buildings, guidance is provided in the Commercial character building planning scheme policy; crime prevention through environmental design, guidance is provided in the Crime prevention through environmental design planning scheme policy; noise impact assessment, guidance is provided in the Noise impact assessment planning scheme policy; refuse and recycling, guidance is provided in the Refuse planning scheme policy; on-site parking and servicing provisions, guidance is provided in the Transport, access, parking and servicing planning scheme policy. Editor’s note—For a proposal to be accepted development subject to compliance with identified requirements, it must meet all the identified acceptable outcomes of this code that relate to the applicable sub-category 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. 8.2.7.2 Purpose

(1) The purpose of the Commercial character building (activities) 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; Theme 5: Brisbane’s CityShape and Element 5.5 – Brisbane’s Suburban Living Areas, and Element 5.8 – Brisbane’s Growth Nodes on Selected Transport Corridors. Provide for the assessment of the suitability of development of commercial character building activities in commercial character buildings and the extension or alteration, renovation or refurbishment of commercial character buildings in the Commercial character building overlay. (d) The purpose of the code will be achieved through the following overall outcomes: (a) The use of a commercial character building complements the prevailing scale, built form, setting and streetscape character of the surrounding area. Any extension, alteration, renovation or refurbishment to the building is compatible with the traditional architectural style, characteristics, design elements, materials and detailing of the commercial character buildings. Commercial character building activities where in a zone in the residential zones category are compatible with and minimise impacts on the character, health, wellbeing and amenity of nearby residential premises and other sensitive uses. Commercial character buildings are retained and utilised for centre activities (activity group) where in a zone in the centre zones category or the Mixed use zone. Commercial character building activities, or centre activities where in the centre zone category or the Mixed use zone, ensure continued contribution to the local character and lifestyle of the city and where in growth areas of the city fulfil a complementary role to other non-residential and centre uses. Building and landscape design responds to local climatic conditions to create more pleasant and sustainable environments.

Part 8 — Overlay Codes (Commercial Character Building - Activities) Effective 3 July 2017 Building height, design and setbacks of any extension to a commercial character building provides a sensitive transition at the edge of the site where adjoining land in the Low density residential zone. Development integrates with the surrounding area and achieves high-quality urban design outcomes. Development contributes to a pedestrian and cyclist-friendly traffic environment that effectively engages with the street to create an attractive interface between buildings and the streetscape. The design of servicing, access and parking arrangements allows for efficient operation of the use. The use serves the needs of the local community by providing neighbourhood convenience services within a walkable catchment. The use supports the level of amenity, privacy, safety and security reasonably expected by nearby residents. 8.2.7.3 Performance outcomes and acceptable outcomes

Table 8.2.7.3—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 involving a commercial character building premises PO1 AO1 Development for the commercial character Development for a commercial character building activity is low impact in scale, building activity has a maximum non- nature and employment, reinforces and residential gross floor area of 250m2. contributes to the local character and lifestyle of the city, and is of a modest scale, suited to serving the needs of the local community. PO2 AO2 Development for a commercial character Development does not involve the sale of building activity is compatible with an items that are restricted to customers over adjoining community and residential use or 18 years of age, other than cigarettes, other sensitive land use if located in the Low alcohol and lottery/scratch-it type tickets, if density residential zone, Low–medium located in the Low density residential zone, density residential zone, Medium density Low–medium density residential zone, residential zone, High density residential Medium density residential zone, High zone, Character residential zone or density residential zone, Character Community facilities zone. residential zone or Community facilities zone. PO3 AO3 Development has hours of operation Development limits hours of operation (including for deliveries) which are (including for deliveries) to between 6am controlled so that the use does not impact and 8pm. on the amenity of a nearby sensitive use. PO4 AO4 Development is of a nature and scale which Development: does not result in noise emissions that (a) does not involve amplified music exceed the following criteria: entertainment; LAeq,adj,T emitted from the commercial (e) is conducted wholly within an enclosed character building activity is not greater than building and does not involve external the rating background level plus 3 at a activity, dining or entertainment areas; sensitive use. (f) ensures mechanical plant or equipment Where T is: is acoustically screened from adjoining  day (7am to 6pm): 11hr sensitive uses.  evening (6pm to 10pm): 4hr Note—Mechanical plant includes generators, motors, compressors and pumps, such as air-conditioning,  night (10pm to 7am): 9hr. refrigeration or coldroom motors.

Where LAeq,adj,T is the A-weighted equivalent continuous sound pressure level during measurement time T, adjusted for tonal and impulsive noise characteristics, determined in accordance with the methodology described in the Noise impact assessment planning scheme policy. Note—Rating background level is to be determined in accordance with the methodology described in the Noise impact assessment planning scheme policy. Note—A noise impact assessment report prepared in accordance with the Noise impact assessment planning scheme policy can assist in demonstrating achievement of this performance outcome.

PO5 AO5 Development is of a nature and scale which Development: does not result in odour, dust or other air (a) does not release air pollutants, including pollutants that cause an unreasonable odour, dust, fumes or smoke external to impact to the occupier of a nearby sensitive the development; or use. (g) ensures that if food or cooking odour is Note—The matters considered in assessing released, exhaust vents are discharged unreasonable impacts include the characteristics, nature, amount, intensity, frequency and duration of the vertically and directed away from the emissions and whether the emissions could be sensitive use and are separated by the reasonably expected in the area. following distances: (h) a minimum of 6m horizontally from a sensitive use; (i) a minimum of 2m above a thoroughfare or roof with regular foot traffic.

PO6 AO6 Development for veterinary service is limited Development for veterinary service in the to day-clinic functions only, or a stand- Low density residential zone, Low–medium alone, detached building, to prevent density residential zone, Medium density adverse noise impacts on adjoining residential zone, High density residential residential premises and other sensitive zone, or Character residential zone: uses. (a) is limited to day-clinic functions only and does not involve overnight accommodation of animals; (j) is contained within a stand-alone, detached building.

Part 8 — Overlay Codes (Commercial Character Building - Activities) Effective 3 July 2017 Section B—If for assessable development where work is not limited to internal alterations or fitouts PO7 AO7 Development involving the extension, No acceptable outcome is prescribed. alteration, renovation or refurbishment of a commercial character building is sensitive to the built form, scale and character of the original building and architectural design in accordance with the guidelines contained in the Commercial character building planning scheme policy: (a) ensures the original use of the building remains clearly identifiable by maintaining the traditional architectural style, characteristics and detailing of the commercial character building; (k) is sited and of a scale and bulk that does not dominate or detract from the appearance of the existing commercial character building on the site or of an adjoining residential dwelling. PO8 AO8 Development for the relocation of the No acceptable outcome is prescribed. commercial character building within the site: (a) maintains the relationship of the commercial character building to each street frontage; (l) does not increase the setback to each street frontage; (m) does not detract from the traditional characteristic elements of the building or amenity of the local area. PO9 AO9 Development maintains a sense of street Development for a commercial character address and reinforces the relationship of building does not result in the commercial the commercial character building with the character building being raised or enclosed street through the following: underneath. (a) the commercial character building is not raised or enclosed underneath unless essential to address building issues such as flooding, sub-floor air circulation or prevention of pest infestation; (n) the original street-front entrance to the commercial character building is not significantly elevated, is retained or reinstated and maintains a sense of street address and safe and equitable pedestrian ingress and egress from the building. Note—Preparing a report demonstrating the requirements necessitating the raising or enclosure of the building can assist in demonstrating achievement of this performance outcome. PO10 AO10 Development for an extension to a No acceptable outcome is prescribed. commercial character building on a corner site of a neighbourhood access road or local access road addresses each street frontage to enhance the activation and engagement of the commercial character building activity with the street. PO11 AO11 Development if extending a commercial Development if extending the building character building has a primary frontage frontage of a commercial character building which is similar in appearance to the original at the ground storey provides glass or commercial character building. openings to the same extent as the original building frontage. PO12 AO12 Development ensures customer and visitor Development provides on-site car parking parking does not: which is at the rear of the building and not (a) dominate the frontage of the premises within the front setback. On-site parking and or detract from the streetscape; servicing areas are provided in compliance with the Transport, access, parking and (o) cause on-street traffic congestion and servicing planning scheme policy. parking delays; (p) create traffic circulation hazards on the adjoining street or within the site. Note—On-site parking and servicing areas are provided for staff, customers and visitors in compliance with the Transport, access, parking and servicing planning scheme policy. PO13 AO13 Development provides sufficient areas for Development provides: refuse and recycling bin storage and (a) refuse and recycling bin storage areas collection, which are located and managed that are located so that they are not so that adverse impacts on building visually obtrusive when viewed from the occupants, neighbouring properties and the street; public realm are minimised. (q) adequate frontage for all bins to be presented on the footpath for collection. Note—Refer to the Refuse planning scheme policy for further guidance. Additional performance outcomes and acceptable outcomes if not in a zone in the centre zone category or the Mixed use zone PO14 AO14.1 Development for a commercial character Development for a commercial character building which adjoins a residential dwelling building provides a minimum side boundary or other sensitive land use: setback, other than for a wall built to the (a) does not significantly reduce daylight to boundary, which is a minimum of: open space or a habitable room in an (a) 1.5m, for a wall up to 4.5m high; adjoining premises; (s) 2m, for a wall up to 7.5m high; (r) limits the dimensions of built-to- (t) 2m plus 0.5m for every 3m (or part of boundary walls to minimise 3m) over 7.5m, for a wall over 7.5m overshadowing impacts. high. AO14.2 Development has a minimum rear boundary setback of 6m.

Part 8 — Overlay Codes (Commercial Character Building - Activities) Effective 3 July 2017 AO14.3 Development for a commercial character building with a wall built to a side boundary: (a) has a maximum height of 3m, unless it abuts a higher existing or simultaneously constructed wall; (u) has a maximum length of 15m if it does not abut an existing boundary wall. Note—Where a wall built to the boundary has a height less than 2m measured on the adjacent premises, it can extend the full length of the boundary, less any front or rear boundary setback.

PO15 AO15.1 Development provides landscaping which: Development ensures the retention of an (a) retains existing vegetation, including established tree if removal is not required to street trees; locate a new building, car park or driveway. (v) is consistent with the established landscape character; AO15.2 (w) provides an attractive and legible Development ensures that the landscape interface between the use, the design: streetscape and an adjoining residential premises; (a) emphasises a clear pedestrian entry point for staff, customers and visitors; (x) provides appropriate screening to maintain privacy between the use and (y) allows overlooking of the street and adjoining residences, enhances the pedestrian entry areas. appearance of the development and AO15.3 disguises undesirable features such as Development provides a landscaped buffer outdoor storage areas. of a minimum of 2m wide along site boundaries where a non-residential use adjoins a residential dwelling or other sensitive land use.

PO16 AO16.1 Development provides vehicular Development provides only one vehicle accessways which are designed and accessway to the site. located to: AO16.2 (a) minimise on-site and off-site safety Development ensures that the location of conflicts between pedestrians and the accessway maintains the integrity, vehicles; quality and primacy of footpaths. (z) ensure efficient vehicular or pedestrian ingress to or egress from the premises; (aa)reduce the visual impact on the streetscape. PO17 AO17 Development provides adequate lighting of Development provides a lighting system for a pedestrian footpath covered by an awning an awning over a footpath: to ensure pedestrian safety and amenity (a) which is in compliance with the and not cause light spill nuisance to technical parameters, design, surrounding residents. installation, operation and maintenance requirements of AS4282-1997 Control of the obtrusive effects of outdoor lighting; (ab)has a minimum of 20lux at footpath level. PO18 AO18 Development minimises direct overlooking Development ensures that a direct view to an adjoining residential dwelling by from a window, balcony, verandah, terrace building layout, location and design of or deck into a window of a habitable room in windows, balcony or screening device. an adjoining residential dwelling is screened by: (a) fixed opaque glazing; or (ac)a fixed external screen; or (ad)fencing if the overlooking is from a window at the ground storey. PO19 AO19 Development creates a safe environment by Development incorporates the key elements incorporating the key elements of crime of crime prevention through environmental prevention through environmental design. design in its layout, building and structure design and landscaping by: (a) facilitating casual surveillance opportunities and including good sightlines to publicly accessible areas such as car parks, pathways, public toilets, communal areas; (ae)defining different uses and ownerships private and public through design and restricting access from a non-residential use into a private residential dwelling; (af) promoting safety and minimising the opportunity for graffiti and vandalism through exterior building design and orientation of a building and use of an active frontage; (ag)ensuring publicly accessible areas such as car parks, pathways, public toilets, communal areas are well lit; (ah)including way-finding cues; (ai) minimising predictable routes and entrapment locations near public spaces such as car parks, public toilets, ATMs, communal areas. Note—For guidance in achieving the key elements of crime prevention through environmental design refer to the Crime prevention through environmental design planning scheme policy. Additional performance outcomes and acceptable outcomes if in the Latrobe and Given Terraces neighbourhood plan area PO20 AO20 Development ensures: Development maintains the height (a) that where a building is raised, the relationship of existing floor areas to street height increase does not alter the level. overall effect of floor area to street level; (aj) that a low-set house remains of a low- set appearance. PO21 AO21.1 Development is designed with appropriate Development ensures that a verandah detailing for the period of the building. incorporates historically appropriate detailing for the period of the building. AO21.2

Part 8 — Overlay Codes (Commercial Character Building - Activities) Effective 3 July 2017 Development ensures that suspended awnings typical from the 1920s onwards are not replaced with post-supported awnings. PO22 AO22.1 Development involving a shopfront is Development involving a shopfront on an designed and constructed in materials early timber commercial frontage comprises sensitive to the period of the building. weatherboard stallboards and simple timber-framed windows incorporating a splayed recessed interest. AO22.2 Development involving a shopfront constructed between 1910 and 1940 incorporates the use of metal shop fittings and tiles. Additional performance outcomes and acceptable outcomes if in the Bulimba district neighbourhood plan area where in the NPP-002-Oxford Street precinct PO23 AO23 Development is designed to sensitively Development retains and adaptively re-uses integrate with the streetscape of Oxford such that: Street. (a) original shopfronts are retained or refurbished using materials which complement the period of the building; (ak)the height relationship of existing floor areas to street levels are maintained; (al) an extension is located at the rear of the premises.