8.2.27 Waterway corridors overlay code - City of Brisbane Waterway... · 8.2.27 Waterway corridors...

Part 8 – Waterway Corridor Overlay Code

8.2.27 Waterway corridors overlay code

8.2.27.1 Application

(1) This code applies to assessing a material change of use, reconfiguring a lot, operational work or building work in the Waterway corridors overlay, 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 an overlay (section 5.10); or

(b) impact assessable development.

(2) Land in the Waterway corridors overlay is identified on the Waterway corridors overlay map and is included in the following sub-categories: (a) Brisbane River corridor sub-category comprising:

(i) section 1; (ii) section 2; (iii) section 3; (iv) section 4; (v) section 5;

(b) Citywide waterway corridor sub-category; (c) Local waterway corridor sub-category.

(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:

vehicle access across a waterway corridor, guidance is provided in the Infrastructure design planning scheme policy;

native revegetation within a waterway corridor, guidance is provided in the Planting species planning scheme policy.

Editor's note—For a proposal to be compliance assessable, it must meet all the compliance outcomes of this code

and any other applicable code. Where it does not meet all compliance outcomes, the proposal becomes assessable development and a development application is required. Where a development application is triggered, only the

specific compliance outcome that the proposal fails to meet needs to be assessed against the corresponding acceptable outcome or performance outcome. Other compliance outcomes that are met are not assessed as part of the development application.

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.

8.2.27.2 Purpose

(1) The purpose of the Waterway corridors overlay code is to: (a) Implement the policy direction in the Strategic Framework, in particular:

(i) Theme 3: Brisbane’s clean and green leading environmental performance and Element 3.1– Brisbane’s environmental values;

(ii) Theme 5: Brisbane’s CityShape and Element 5.6 – Brisbane’s Greenspace System.

(b) Provide for the assessment of the suitability of development in the Waterway corridors overlay.

(2) The purpose of the code will be achieved through the following overall outcomes:

(a) Development maintains and enhances waterway health values of a waterway corridor while utilising the waterway corridor to provide opportunities for recreation, urban cooling, and connectivity to open spaces and aesthetic outcomes.


(b) Development protects the flood storage and conveyance function of a waterway corridor.

(c) Development has a built form which delivers on the principles of the natural water cycle to ensure acceptable environmental flows and to improve water quality within waterways.

(d) Development designs the built form to support the natural landscape, recreation and amenity values of the waterway corridor.

(e) Development in the Brisbane river corridor sub-category (sections 1 to 5) maintains the corridor's important economic, cultural, transport, recreational, and ecological resource roles and its landscape and scenic amenity values.

(f) Development is consistent with the character, functions and values along the sections of the Brisbane River corridor sub-category including: (i) section 1—Development protects and enhances river flora and fauna,

scenic quality and rural characteristics and landscapes and provides for nature based recreation.

(ii) section 2—Development enhances community recreational use in a semi-natural setting, the conservation of major remnant habitat and maintenance of quiet residential amenity.

(iii) section 3—Development provides for a mix of community, recreational, business, residential and passenger transport uses; the creation of continuous public access along the river's edge; and the highlighting of significant cultural features.

(iv) section 4—Development maintains attractive riverside communities with a mix of housing, cultural and recreation opportunities; provides for continuous public access along the Brisbane River's northern bank and point access along the southern bank; highlights significant cultural features; and creates a high-quality built environment which focuses on the Brisbane River.

(v) Section 5—Development maintains a high level of amenity and quality urban design of major structures; supports port-related activities; maintains or enhances existing public access points; and has regard to the location of adjoining land uses and utility of access.

(g) Development within the Citywide waterway corridor sub-category protects and contributes towards the natural functions of the corridors as connections between the catchment headwaters to the Brisbane River or Moreton Bay, as connectors of public open spaces and key destinations throughout the city and as a series of green networks for terrestrial and aquatic biodiversity.

(h) Development within the Local waterway corridor sub-category protects and contributes towards the natural functions of the corridor in controlling water quality and flow conditions in the upper catchment and in providing a number of localised community benefits.

8.2.27.3 Assessment criteria

Part A—Criteria for development requiring compliance assessment

The following table identifies the assessment criteria for development requiring compliance assessment.

Table 8.2.27.3.A—Criteria for compliance assessment

Compliance outcomes

CO1 Filling or excavation to create a retaining wall or terrace stepping down to the water does not occur:

(a) within 30m horizontal distance from the plan position of the high water mark for land in the Brisbane River corridor sub-category - section 1;

(b) within 20m horizontal distance from the plan position of the high water mark for land within Brisbane River corridor sub-category - sections 2, 3, 4 or 5.

This does not apply to steps and ramps that:


(a) do not involve the construction of retaining walls greater than 1m in height;

(b) are obscured by landscaping;

(c) are constructed of materials which are dark green/brown in colour.

The following table indicates which corresponding acceptable outcome and performance outcome apply to assessable development when not meeting a specific compliance outcome.

Table 8.2.27.3.B—Corresponding acceptable outcomes and performance outcomes that apply to assessable development if development does not meet specific compliance outcomes

Compliance outcome Acceptable outcome Performance outcome

CO1 AO9 PO9

Part B–Assessable development criteria The following table identifies the assessment criteria for self-assessable and assessable development.

Table 8.2.27.3.C—Criteria for self-assessable and assessable development

Performance outcomes Acceptable outcomes

Section A—If self-assessable or assessable development for an extension to the building footprint of an existing dwelling house where within the Citywide waterway corridor sub-category or the Local waterway corridor sub-category

PO1

Development ensures that a waterway in the Citywide waterway corridor sub-category and the Local waterway corridor sub-category:

(a) performs a natural filtration and infiltration role that maintains water quality and flow conditions;

(b) provides fauna connectivity;

(c) contributes to cooling the urban environment, via minimal impervious surfaces and continuity of naturally landscaped areas.

AO1

Development involving an extension to a dwelling house and ancillary structures, including site works:

(a) is located in an approved building location plan or building envelope plan; or

(b) for a Local waterway corridor:

(i) is set back a minimum of 15m from the Local waterway corridor sub-category centre-line; or

(ii) does not extend closer to the centre-line of the Local waterway corridor sub-category than the existing built form if the development involving the extension to the dwelling house is already located within 15m of the centre-line of the Local waterway corridor; or

(c) for a Citywide waterway corridor, does not extend closer to the centre-line of a Citywide waterway corridor than the existing built form if the development involving the extension to the dwelling house is already located in a Citywide waterway corridor.

Section B—If for self-assessable and assessable development for a new dwelling house within the Citywide waterway corridor sub-category or Local waterway corridor sub-category

PO2

Development ensures that a waterway in the Citywide waterway corridor sub-category

AO2

Development is:


and the Local waterway corridor sub-category:



(c) contributes to cooling the urban environment, via minimal impervious surfaces and maximisation of landscaped areas.

(a) set back a minimum of 15m from the centre-line of the Local waterway corridor sub-category;

(b) is not located within the Citywide waterway corridor sub-category.

Section C—If for self-assessable and assessable development for an extension to the building footprint of an existing dwelling house where within the Brisbane River corridor sub-category

PO3

Development ensures that the Brisbane River corridor sub-category:



(c) contributes to cooling the urban environment, via minimal impervious surfaces and maximisation of landscaped areas.

AO3

Development involving an extension to:

(a) a dwelling house already located in the 30m setback in the Brisbane River corridor sub-category - section 1 does not extend closer to the plan position of the high water mark than the existing built form;

(b) a dwelling house already located in the 20m setback in the Brisbane River corridor sub-category - sections 2, 3, 4 or 5 does not extend closer to the plan position of the high water mark than the existing built form.

Section D—If for self-assessable or assessable development for premises for a new dwelling house, dual occupancy or ancillary buildings and structures in the Brisbane River corridor sub-category

Note—Ancillary buildings and structures include:

outdoor living structures such as decks (roofed or unroofed), gazebos, poolside shelters, garden pavilions, and greenhouses and glasshouses;

roofed play areas for children;

buildings and other structures for activities necessarily associated with the use of the Brisbane River;

garages and carports.

PO4

Development ensures that the Brisbane River corridor sub-category:



(c) contributes to cooling the urban environment.

AO4

Development in:

(a) the Brisbane River corridor sub-category - section 1, is set back 30m from the plan position of the high water mark;

(b) the Brisbane River corridor sub-category - sections 2, 3, 4 or 5, is set back 20m from the plan position of high water mark.

PO5

Development involving an ancillary building or structure:

(a) is constructed of materials that are durable, of low visual impact, visually recessive and complementary to the

AO5.1

Development involving ancillary buildings or structures and hardstand areas does not cover more than the following proportion of the corridor:

(a) 30% in the Brisbane River corridor sub-


surrounding buildings;

(b) enhances the character and amenity of the site and surrounding area;

(c) does not adversely impact upon the riparian landscape;

(d) minimises their visual impact on the Brisbane River’s landscape values.

category - section 1;

(b) 50% in the Brisbane River corridor sub-category - sections 2 or 4;

(c) 70% in the Brisbane River corridor sub-category - sections 3 or 5.

AO5.2

Development of an ancillary building or structure is located and of a size consistent with Table 8.2.27.3.D where in the Brisbane River corridor sub-category - sections 1, 2 or 4, or consistent with the height, scale/bulk and setbacks of existing ancillary buildings and structures on the site where in the Brisbane River corridor sub-category - sections 3 or 5.

Section E—If for self-assessable or assessable building work for a swimming pool or tennis court located between a building and the Brisbane River, where in the Brisbane River corridor sub-category

PO6

Development involving a tennis court or swimming pool:

(a) minimises the impact on the character of the relevant Brisbane River corridor sub-category section and the need for retaining walls;

(b) is heavily landscaped where in the Brisbane River corridor sub-category - sections 2, 3 or 4.

AO6

Development involving a tennis court or swimming pool:

(a) does not involve the creation of a retaining wall of over 1m in height;

(b) is located:

(i) a minimum 30m horizontal distance from the plan position of the high water mark for land in the Brisbane River corridor sub-category - section 1 or 20m horizontal distance from the plan position of the high water mark for other land; or

(ii) where they are screened from view from the Brisbane River by vegetation or topographic features such as high banks;

(c) is located landward of a minimum 6m landscaped area which covers the full width of the development area and includes:

(i) at least one tree that will grow to a height of at least 5m for every 20m

2

of landscaped area;

(ii) a minimum of 50% garden area planted with ground cover and shrubs of various growth forms;

(iii) a maximum of 50% grassed/lawn area.

Refer to Figure a.

Section F—If self-assessable or assessable building work for dry boat storage in the Brisbane River corridor sub-category

PO7

Development involving a dry boat storage facility is:

AO7.1

Development involving:

(a) dry boat storage facility for one boat:


(a) located on the landward side of the high water mark and constructed and designed to:

(i) be compatible with the character and amenity of the Brisbane River corridor sub-category section in which the site is located;

(ii) minimise visual intrusiveness;

(iii) minimise impacts on the Brisbane River’s landscape values;

(iv) be unobtrusive when viewed from the Brisbane River; or

(b) for a boat hoist or lift facilities in the Brisbane River corridor sub-category sections 2, 3 or 4 are located on land which is unobtrusive when viewed from the Brisbane River and are unroofed.

(i) is located on land;

(ii) involves hoists or lift facilities catering for one boat up to a maximum 4m in length in the case of another form of dry boat storage, is designed for one boat up to a maximum 6m in length; or

(b) a dry boat storage which does not comply with paragraph (a) is only located:

(i) within the Port of Brisbane; or

(ii) on a site used for marine industry; or

(iii) within a marina; or

(iv) on a site used by a recreational or sporting club with associations with the Brisbane River.

AO7.2

Development involving dry boat storage that comprises a shed or similar form of shelter and boat hoist or lift facility and any other associated dry storage facility is:

(a) located on the landward side of high water mark and sited and designed in compliance with Table 8.2.27.3.D; or

(b) located within the Port of Brisbane, on a site used for marine industry, within a marina or on a site used by a recreational or sporting club with associations with the Brisbane River.

Section G—If operational work for filling or excavation

PO8

Development involving filling or excavation within a Citywide waterway corridor sub-category or a Local waterway corridor sub-category does not directly, indirectly or cumulatively cause any material increase in flooding or flood hazard or involve significant redistribution of flood storage from high to lower areas in the floodplain.

Note—This can be demonstrated by undertaking earthworks in compliance with the Compensatory earthworks planning scheme policy.

AO8

Development involving filling or excavation in the Citywide waterway corridor sub-category or the Local waterway corridor sub-category:

(a) does not exceed 100 mm; or

(b) is in compliance with the Compensatory earth works planning scheme policy.

PO9

Development involving filling or excavation to create a retaining wall or terrace:

(a) minimises the extent of earthworks required;

(b) minimises the removal or clearing of native and riparian vegetation;

(c) is consistent with the desired character of the Brisbane River corridor sub-category section in which the site is located;

AO9

Development involving filling or excavation in the Brisbane River corridor sub-category to create a retaining wall or terrace stepping down to the water does not occur:

(a) within 30m horizontal distance from the plan position of the high water mark for land in the Brisbane River corridor sub-category - section 1; or

(b) within 20m horizontal distance from the plan position of the high water mark for other sections of the Brisbane River


(d) presents attractively to public viewing areas such as the Brisbane River, Brisbane riverside walkways and paths, or Brisbane River bridge crossings;

(e) ensures steps and ramps are designed to be unobtrusive, use natural or natural-toned materials and minimise the need for cut and fill.

corridor sub-category.

This does not apply to steps and ramps that:

(a) do not involve the construction of retaining walls greater than 1m in height;

(b) are obscured by landscaping;

(c) are constructed of materials which are dark green/brown in colour.

Refer to Figure b.

Section H—If for assessable development other than a dwelling house in a Citywide waterway corridor sub-category or the Local waterway corridor sub-category

PO10

Development protects and enhances the functions of a waterway corridor in the Citywide waterway corridor sub-category or the Local waterway corridor sub-category.

AO10

Development is not located within a waterway corridor in the Citywide waterway corridor sub-category or the Local waterway corridor sub-category.

PO11

Development ensures that a waterway corridor in the Citywide waterway corridor sub-category or the Local waterway corridor sub-category provides for environmental connectivity along the waterway.

AO11.1

Development involving reconfiguring a lot:

(a) does not create private property boundaries perpendicular through the corridor;

(b) retains the corridor of each side of the centre-line in one lot.

AO11.2

Development involving a road crossing is minimised to avoid corridor fragmentation.

AO11.3

Development involving fencing in and adjacent to the corridor is located and designed so that it does not block water flow and permits aquatic and terrestrial fauna movement.

AO11.4

Development ensures that corridor vegetation removed by the development is reinstated in compliance with a rehabilitation plan.

PO12

Development ensures that a waterway corridor in the Citywide waterway corridor sub-category or the Local waterway corridor sub-category:


(b) contributes to cooling the urban environment, via minimal impervious surfaces and landscaped areas.

AO12

Development involving impervious surfaces, such as parking and servicing areas are limited to 10% coverage of the total area within the corridor.

PO13

Development provides stormwater management solutions which assist in the

AO13

Development provides stormwater management solutions in a waterway in the


re-naturalisation of a waterway in the Citywide waterway corridor sub-category.

Citywide waterway corridor sub-category which involves the removal of any stormwater pipes and re-instatement of an open waterway.

Editor’s note—Guidance on natural channel design principles can be found in the Council publication

Natural channel design guidelines.

Note—Advice should be sought from Council as to

whether the reinstatement of an open waterway is a suitable solution based on the extent and location of the development.

PO14

Development preserves a waterway in the Citywide waterway corridor sub-category for public use if that land is required for ecological, public open space or recreation functions.

AO14

Development provides for the transfer of land in a waterway of the Citywide waterway corridor sub-category into public ownership in compliance with a neighbourhood plan or Priority infrastructure plan.

PO15

Development is designed to use a waterway which is privately owned land in the Local waterway corridor sub-category as an environmental and landscape feature in the urban environment.

AO15

Development ensures that a waterway in the Local waterway corridor sub-category is privately accessible.

Section I—If for assessable development, other than for a dwelling house or dual occupancy, where in the Brisbane River corridor sub-category

PO16

Development of a site in the Brisbane River corridor sub-category fronting the Brisbane River:

(a) maintains and enhances the attractive appearance of the Brisbane River and its banks, when viewed from the Brisbane River, from development near the Brisbane River, or from other public viewing points;

(b) uses materials for buildings, structures and landscaping which complements surrounding buildings, the visual character of the area and the character of the corridor section.

Refer to Figure c.

A16

Development in the Brisbane River corridor sub-category does not locate a building (excluding an ancillary building or structure), parking and servicing areas, areas for the placement of materials, goods or solid waste or storage areas:

(a) within a 30m horizontal distance of the high water mark in the Brisbane River corridor sub-category - section 1;

(b) within a 20m horizontal distance of the high water mark of the set backs of the buildings sharing a common boundary, whichever is the greater in the Brisbane River corridor sub-category - sections 2, 3, 4 or 5.

PO17

Development does not diminish the Brisbane River extent unless for public benefit.

AO17

Development involving the reclamation of land does not occur in the Brisbane River corridor sub-category- sections 1, 2, 3 or 4 or on land in a residential zone in the Brisbane River corridor sub-category - section 5.

PO18

Development ensures that the Brisbane River corridor sub-category is dominated by landscaped areas which preserve the landscape characteristics of the area.

AO18

Development involving ancillary buildings and structures and hardstand areas does not cover more than the following proportion of the corridor:


(a) 30% in the Brisbane River corridor sub-category - section 1;

(b) 50% in the Brisbane River corridor sub-category - sections 2 or;

(c) 70% in the Brisbane River corridor sub-category - sections 3 or 5.

PO19

Development involving a river wall or fencing material is designed to minimise impacts on the Brisbane River’s landscape values.

AO19.1

Development involving fencing erected in the Brisbane River corridor sub-category is a maximum of 2m.

AO19.2

Development involving a river wall:

(a) is not constructed in the Brisbane River corridor-sub-category-section 1;

(b) is only designed and constructed in the Brisbane River corridor sub-category - sections 2, 3, 4 and 5 if:

(i) consistent with a surrounding approved river wall;

(ii) no higher than the ground level of the land.

PO20

Development ensures that rehabilitation of the Brisbane River corridor sub-category is implemented and maintained at the landowners’ expense.

AO20

Development implements a rehabilitation plan which has been approved by the Council.

Note—A performance bond and agreement may be linked to the implementation of the approved

rehabilitation program.

PO21

Development provides for ongoing maintenance of any work or planting to ensure that an impact on the ecology of the Brisbane River corridor sub-category or on riparian vegetation is minimised both during and after construction.

A021

Development implements a maintenance program which has been approved by the Council.

Note—A performance bond and agreement may be linked to the implementation of the approved

maintenance program.

PO22

Development preserves waterfront land for public use if that land is required for ecological, public open space or recreation functions.

AO22

Development provides for the transfer of land in the Brisbane River corridor sub-category into public ownership in compliance with the Priority Infrastructure Plan.

PO23

Development involving reconfiguring a lot:

(a) provides hard infrastructure to support public access to the Brisbane River corridor sub-category;

(b) extends and continues existing vehicular and pedestrian accesses to the Brisbane River corridor sub-category.

AO23.1

Development creates an esplanade road along the Brisbane River corridor sub-category where reconfiguring a lot or where the existing road system on the adjoining land follows the Brisbane River corridor sub-category.

AO23.2

Development involving reconfiguring a lot provides public access to the Brisbane River corridor sub-category.


AO23.3

Development provides walking and cycling routes along the Brisbane River corridor sub-category where in public ownership.

Table 8.2.27.3.D—Siting and design for ancillary buildings and structures

Sub-category Min. horizontal setback from high water mark (m)

Max. area within corridor setback (m

2)

Max. height of deck or floor above ground level (m)

Max. height of structure above ground level (m)

Brisbane River corridor - section 1

Less than 10 Nil Nil Nil

> 10 to < 15 10 1 2 (no roof)

> 15 to < 20 25 1.5 3.5

> 20 to < 25 36 2 3.5

> 25 to < 30 50 3 3.5

Brisbane River corridor - section 2 and section 4 (residential land in Hawthorne and Bulimba only)

Less than 5 10 1 2 (no roof)

> 5 to < 10 25 1 3.5

> 10 to < 15 36 1.5 3.5

> 15 to < 20 50 2 3.5

Brisbane River corridor - section 3

40 3

In sections 2, 3 and 4 – 40m2 building footprint for all roofed structures, including 20m

2 for

an unenclosed roofed structure such as a pergola

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