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Planning Scheme for Emerald Shire (Amendment No. 3)2013
Integrated Planning Act 1997
IPA PLANNING SCHEME
(AMENDMENT NO. 3)
For
SHIRE OF EMERALD
Volume 1
1 July 2013
Planning Scheme for Emerald Shire (Amendment No. 3)2013
Integrated Planning Act 1997
Adoption:The local government of Emerald Shire adopted this Amended Planning Scheme on 12 June2013.
Commencement Day:The Amended Planning Scheme took effect on 1 July 2013.
Table of Amendments
This Planning Scheme was originally adopted on the 22 January 2007 and took effect on 29January 2007.
Date of adoption Planning Schemeversion number
Amendment type Summary of amendments
15 December 2008
12 December 2011
Amendment no. 1
Amendment no. 2
Major
Minor
Assessment Levels for AircraftAffected Land Overlay,provisions for AdvertisingDevices and range of minorclarifications
Inclusion of a Flood HazardOverlay – FloodplainAssessment and Model Code asamended by Council
12 June 2013 Amendment no. 3 Major Inclusion of new Part 7 PriorityInfrastructure Plan andassociated changes to facilitateits integration throughout theplanning scheme.
Incorporated State Planning Policies:Pursuant to schedule 1, part 2, section 18, subsection (5A) of Integrated Planning Act 1997,the Minister for Local Government, Planning and Sport has identified the following StatePlanning Policies as having been appropriately reflected in the planning scheme:
1. State Planning Policy 1/92 – Development and Conservation of Agricultural Land;
2. State Planning Policy 1/02 - Development in the Vicinity of Certain Airports and AviationFacilities, and
3. State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire andLandslide - Bushfire and Landslide components only.
4. Temporary State Planning Policy 2/11 - Planning for stronger, more resilient floodplains
Planning Scheme for Emerald Shire (Amendment No. 3)2013
Approval to adopt this planning scheme is conditional upon the continued operation and effectof:
1. the Integrated Development Assessment System triggers for Department of Transportand Main Roads matters.
This is to certify that this is a true and correct copy to the Emerald Shire Council AmendedPlanning Scheme No. 3 adopted on 12 June 2013 and commenced on 1 July 2013
Signed
Bryan OttoneChief Executive Officer Dated: 1 July 2013
CONTENTS
ADOPTION:.....................................................................................................2
COMMENCEMENT DAY:................................................................................2
INCORPORATED STATE PLANNING POLICIES:.........................................2
PART 1—INTRODUCTION .............................................................................8
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PART 2—INTERPRETATION .......................................................................18
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Planning Scheme for Emerald Shire (Amendment No. 3)2013
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PART 3—FOUNDATION OF THE PLANNING SCHEME............................. 44
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PART 4—ZONES .......................................................................................... 46
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PART 5—OVERLAYS................................................................................. 128
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Planning Scheme for Emerald Shire (Amendment No. 3)2013
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PART 6—ASSESSMENT CRITERIA FOR DEVELOPMENT FOR A STATEDPURPOSE OR OF A STATED TYPE.......................................................... 178
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Planning Scheme for Emerald Shire (Amendment No. 3)2013
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PART 7 – PRIORITY INFRASTRUCTURE PLAN.......................................269
1. INTRODUCTION...................................................................................... 269
2. PRIORITY INFRASTRUCTURE AREA................................................... 272
3. PLANNING ASSUMPTIONS ...................................................................272
4. DESIRED STANDARDS OF SERVICE ................................................... 285
5. WATER SUPPLY TRUNK INFRASTRUCTURE.....................................293
6. SEWERAGE TRUNK INFRASTRUCTURE.............................................295
7. TRANSPORT TRUNK INFRASTRUCTURE ...........................................297
8. STORMWATER TRUNK INFRASTRUCTURE .......................................299
9. PUBLIC PARKS AND COMMUNITY LAND TRUNK INFRASTRUCTURE.......................................................................................................300
10. PLANS FOR TRUNK INFRASTRUCTURE AND TRUNKINFRASTRUCTURE NETWORKS.............................................................. 301
11. EXTRINSIC MATERIAL ........................................................................302
APPENDIX 1ZONE MAPS......................................................................304
Planning Scheme for Emerald Shire (Amendment No. 3)2013
APPENDIX 2OVERLAY MAPS ............................................................... 305
APPENDIX 3PLANNING SCHEME MAP ................................................306
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 8
PART 1—INTRODUCTION
Division 1—Relationship to Integrated Planning Act
1.1.1 Purpose of Planning SchemeIn accordance with the Integrated Planning Act 1997 (IPA), the local government forEmerald Shire has prepared this planning scheme as a framework for managingdevelopment in a way that advances the purpose of the IPA1 by —(a) identifying assessable and self-assessable development; and(b) identifying outcomes sought to be achieved in the local government area as
the context for assessing development.
1.1.2 Planning Scheme Functions as Part of IDASThe planning scheme functions as part of IDAS2 and must be read together with the IPA,together with the Integrated Planning Regulation 1998.
Division 2—Structural Elements and Mechanisms of thePlanning Scheme
1.2.1 The Planning Scheme Seeks to Achieve Outcomes(1) The Planning Scheme seeks to achieve outcomes that are identified according to the
following levels—(a) Desired Environmental Outcomes;(b) Overall Outcomes for Zones and Overlays, or for the purpose of a Code;(c) Specific outcomes for Zones, Overlays and Codes; and(d) Probable Solutions or Acceptable Solutions for a Specific Outcome.
(2) The relationship between the various levels, or elements of the Planning Schemestructure, is demonstrated by Diagram 1.2.1 below:
1 The purpose of the IPA is to seek to achieve ecological sustainability by (a) coordinating and integratingplanning at the local, regional and State levels; and (b) managing the process by which development occurs;and (c) managing the effects of development on the environment (including managing the use of premises).
2 IDAS—integrated development assessment system—is the system detailed in chapter 3 of the IPA forintegrating State and local government assessment processes for development.
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Diagram 1.2.1 Key Elements and Structure of the Planning Scheme
Desired Environmental OutcomesEg. Section 3.1.1
Assessment TablesEg. Section 4.1.1 – Rural Zone
Table 4.1.1(1) and Table 4.1.1(2).
Overall Outcomes or Code PurposeEg. Part 4.1.2 (3) – Rural Zone
Specific OutcomesEg. Part 4.1.2 (4) column 1 – Rural Zone
Probable Solutions or Acceptable Solutions for aSpecific Outcome
Eg. Part 4.1.2 (4) column 2 – Rural Zone
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 10
1.2.2 Snapshot of Emerald Shire Planning Scheme Structure(1) Diagram 1.2.2 below, depicts the key elements of the Emerald Shire Planning
Scheme, and how they relate to one another.
(2) Sections 1.2.3 – 1.2.7 in this Division further explain the nature of the key elements.
Diagram 1.2.2 Snapshot of Emerald Shire Planning Scheme Structure
Rural Zone Open SpaceZone
Town Zone VillageZone
Gemfields Zone SpecialIndustrial
Zone
There areCodes foreach Zone
(see PART 4for Zone
Codes andsee Appendix
1 for maps)
Rural LivingArea
Rural BalanceArea
Town CommercialPrecinct;Town ResidentialPrecinct;Town ResidentialAccommodationPrecinct;Town Light IndustrialPrecinct;Town IndustrialPrecinct;Town CommunityPrecinct;Town UtilitiesPrecinct;Town RecreationPrecinct; andTown RuralResidential Precinct.Airport PrecinctInvestigationPrecincts A-D
BusinessArea;BalanceArea
Gemfields – CoreArea; andGemfields –Balance Area
Natural Featuresand Conservation
Areas Overlays
EconomicResourcesOverlays
Major UtilitiesOverlays
NaturalDisasterOverlays
Balance ofShire
There areCodes for
each Overlay(see PART 5for OverlayCodes and
see Appendix2 for maps)
Water CatchmentOverlay
Agricultural LandClass Overlay
Gas PipelineOverlay
Bushfire HazardOverlay
(Some parts ofthe Shire are notcovered by any
Overlays)
Heritage PlacesOverlay
Mining ResourcesOverlay
ElectricityTransmission Line
Overlay
Landslip ProneLand Overlay
ExtractiveIndustries Overlay
Plant and RefuseSite Overlay
Flood HazardOverlay -
FloodplainAssessmentAircraft Affected
Land Overlay
There are Codes for Development of a Stated Purpose or Stated Type (see PART 6 for Codes)
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There is a Priority Infrastructure Plan to assist with the integration of land use and infrastructure planning (see PART 7)
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1.2.3. Shire Area is Divided into Zones, Precincts and Areas(1) The Planning Scheme divides Emerald Shire into six zones that cover the entire Shire
Area—(a) the Rural Zone, identified on various maps, notably Map 1;(b) the Open Space Zone, identified on various Maps, notably Map 1;(c) the Town Zone identified on Zoning Map 2;(d) the Village Zone identified on Zoning Maps 3 & 4(e) the Gemfields Zone identified on Zoning Maps 5(a to e); and(f) the Special Industrial Zone identified on Zoning Map 6.
(2) The Zones incorporate sub-areas referred to as Precincts or Areas, in order todistinguish different characteristics of the land within the Zone, and to better regulatethe impacts of development on those characteristics. For the Town and VillageZones, most land generally is included in a Precinct or Area within that Zone.However, in some instances not all land within those Zones is also included in aPrecinct or Area.
1.2.4. Shire Area has Overlays(1) The planning scheme has four types of Overlays —
1. Natural Features and Conservation Areas Overlays, comprising the:(a) Water Catchment Overlay which applies to:
(i) The declared Emerald Water Catchment Area as mapped on MapCONS 1 and as listed in Planning Policy No. 1: Legal Description ofLand Affected by Overlays;
(b) Heritage Places Overlay which applies to:(i) The site of, or on land immediately adjacent to sites contained on the
Queensland Heritage Register and other sites identified as historicalsignificant, as shown by Map CONS 2, and as listed in PlanningPolicy No. 1: Legal Description of Land Affected by Overlays.
2. Economic Resources Overlays, comprising the:(a) Agricultural Land Class Overlay as mapped on Map RES 1 and as listed
in Planning Policy No. 1: Legal Description of Land Affected by Overlays(b) The Mining Resources and Extractive Industries Overlay which apply to:
(i) land as shown by maps RES 2, and as listed in Planning Policy No.1: Legal Description of Land Affected by Overlays; and
(ii) land within the 1000m radius of those areas referred to as mineraltenements.
(iii) land within the 1000m or 500m radius of those areas referred to asextractive industries.
(c) Aircraft Affected Land Overlay, which applies to:(i) land as shown by map RES 3, and as listed in Planning Policy No. 1:
Legal Description of Land Affected by Overlays.3. Major Utilities Overlays, comprising the:
(a) The Plant and Refuse Site Overlay, which applies to land, as shown byMap UTIL 1, and as listed in Planning Policy No. 1: Legal Description ofLand Affected by Overlays.
4. Natural Disaster Overlays, comprising the:(a) The Bushfire Hazard Overlay which applies to land, as shown by Map
NDIS 1, and as listed in Planning Policy No. 1: Legal Description of LandAffected by Overlays; and
(b) The Landslip Prone Land Overlay applies to all land in the Shire, to theextent that it contains steep slopes, being those of 15% or greater.
(c) The Flood Hazard Overlay - Floodplain Assessment applies to land, asshown by Maps NDIS –(2 (3) and (4))
The Overlays refer to land which has specific land and developmentconstraints, and which may exist across the boundaries of Zones, Precinctsand Areas. There are separate Assessment tables and Codes for eachOverlay.
PART 2 INTERPRETATION Definitions
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(3) To avoid any doubt, the Overlay Codes listed in the Tables of Assessment as beingapplicable criteria for assessment; apply in addition to any applicable Zone Codesas listed in the Tables of Assessment for that Zone.
(4) It is recognized that the Overlay mapping is as accurate as possible at the time ofadopting this Planning Scheme. If more accurate information becomes available andthis information is accepted by the relevant state government agency, then the moreaccurate information will be used for assessment purpose under this PlanningScheme.
1.2.5 Codes Regulate Development(1) The Planning Scheme contains Codes for —
(a) each Zone;(b) each type of Overlay; and(c) development for a stated purpose or development of a stated type.
(2) The Codes are contained in Parts 4 (Zones), 5 (Overlays) & 6 (Development of astated purpose or type) of the Planning Scheme.
1.2.6 Applicability of Codes(1) The Codes that are applicable to development are indicated in Column 3 “Relevant
Criteria” in the Assessment tables for each Zone, and the Assessment tables for eachOverlay.
(2) When a Code is indicated as being applicable to development (as described in (1)above) ALL of the listed Codes are “Relevant Criteria” for the development. (eg. theZone Code AND the Overlay Code AND the Code for a stated purpose ordevelopment of a stated type).
(3) Zone Codes apply to development in the relevant Zone that is identified as Selfassessable or Code assessable in the Assessment Tables for each Zone.
(4) The Town Zone contains a number of sub-areas known as Precincts or Areas whichdelineate different land capabilities and constraints. Zone Codes contain specificprovisions which are applicable to development in identified Precincts or Areas. Theprovisions specific to Precincts or Areas prevail over those applicable to developmentin the Zone.
(5) Overlay Codes apply to development on the relevant Overlay that is identified as Selfassessable and Code assessable in the Assessment Tables for each Overlay.
(6) Codes for a stated purpose or development of a stated type apply to development forthat purpose or type, that is identified as Self assessable or Code assessable in theAssessment Tables for the Zone.
(7) Codes contain provisions applicable to Uses or Use Classes, and provisionsapplicable to Works. All provisions may be considered in deciding Material Changeof Use applications for developments that are specified in the relevant Table ofAssessment as Code or Impact assessable development. Where a provision refersto a standard of provisions, such as an Australian Standard, the most recent editionof that Standard shall apply, unless otherwise stated.
(8) Codes are applicable at the time development is undertaken, and remain applicable:(a) in the instance of a material change of use – for the ongoing use;(b) in the instance of building work – for the period that the building remains on
the site;(c) in the instance of reconfiguring a lot – for as long as the new lots exist; and(d) in the instance of operational works – for as long as the works are
undertaken and remain on the site.
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 14
1.2.7 Priority Infrastructure Plan(1) Part 7 - Priority Infrastructure Plan includes an infrastructure planning benchmark that
identifies:(a) Where, through the priority infrastructure area, infrastructure has been
planned to service the growth of the Shire for the next 15 years; and(b) planning assumptions about the growth which informs the nature and scale of
supporting infrastructure; and(c) plans and service standards for trunk infrastructure networks required to
service that growth.
1.2.8 Roads, Rail and Watercourses(1) Where roads, railway land and watercourses in Emerald Shire are not shown as
being covered by a Zone on the Zoning Maps, the following applies—(a) if the road, railway land or watercourse is adjoined on both sides by land in
the same Zone —the road, railway land or watercourse has the same zoningas the adjoining land;
(b) if the road, railway land or watercourse is adjoined on one side by land in aZone and adjoined on the other side by land in another Zone —the road,railway land or watercourse has the same zoning as the adjoining land andthe centreline of the road, railway land or watercourse is the boundarybetween the two Zones;
(c) if the road, railway land or watercourse is adjoined on one side only by landin a Zone —the entire road, railway land or watercourse has the same zoningas the adjoining zoned land.
(2) If a road, railway land or watercourse is adjoined by land covered by a Precinct on theZoning Maps, subsection (1) applies as if the Precinct were a Zone.
(3) The provisions of subsection (1) applies to the extent of the boundaries of EmeraldShire only, and not to roads, railway land or watercourses which form the boundarywith, or are in, adjoining Shires.
(4) To remove any doubt, it is declared that subsections (1) and (2) also apply to aclosed road if the road is closed after the commencement of the planning scheme.
(5) Subsection (1) applies to all roads, except where the road adjoins land in the TownZone. The use of roads in these areas is governed by Council’s Local Laws.
1.2.9 Determining if Development is Assessable or Self-assessableUnder the Planning Scheme
(1) Assessment tables for the Zones and Overlays identify development that isAssessable, Self-assessable or Exempt under the Planning Scheme as follows—(a) Tables 4.1.1(1) & 4.1.1(2)—Rural Zone;(b) Tables 4.2.1(1) & 4.2.1(2)—Open Space Zone;(c) Tables 4.3.1(1) & 4.3.1(2)—Town Zone(d) Tables 4.4.1(1) & 4.4.1(2)—Village Zone(e) Tables 4.5.1(1) & 4.5.1(2)—Gemfields Zone(f) Tables 4.6.1(1) & 4.6.1(2)—Special Industrial Zone(g) Tables 5.1.1(1) & 5.1.1(2)—Natural Features and Conservation Overlays;(h) Tables 5.2.1(1) & 5.2.1(2)—Economic Resources Overlays;(i) Tables 5.3.1(1) & 5.3.1(2)—Major Utilities Overlays; and(j) Tables 5.4.1(1) & 5.4.1(2)—Natural Disaster Overlays.
(2) The Assessment tables also identify Assessable development under the PlanningScheme that requires Code assessment or Impact assessment.
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 15
(3) If development is identified as having a different Assessment category under a Zonethan under an Overlay, the higher Assessment category applies as follows—(a) Self-assessable prevails over Exempt;(b) Code assessable prevails over Self-assessable or Exempt;(c) Impact assessable prevails over Self-assessable, Code assessable or
Exempt.
(4) The relationship between Assessment categories for Zones and Overlays is shown inDiagram 1.2.8 below:
Diagram 1.2.8 Relationship between Assessment categories forZones and Overlays
Zone assessmentCategory
Overlay assessment category
Exempt Self -assessable Code Impact
Exempt Exempt Self -assessable Code Impact
Self -assessable Self -assessable
Self -assessable Code Impact
Code Code Code Code Impact
Impact Impact Impact Impact Impact
1.2.10 Self Assessable and Code Assessable Development(1) Development is identified as being Self assessable or Code assessable in Column 2
the Assessment tables for each Zone or Overlay.
(2) The relevant assessment criteria for Self assessable and Code assessabledevelopment are the applicable codes that are listed in Column 3 of the Assessmenttables for each Zone or Overlay. The applicable codes set out Specific Outcomes(S), and Probable Solutions (P) and Acceptable Solutions (A).
(3) Self assessable development need only comply with the Acceptable Solutions (A) ineach of the applicable codes. Where the Acceptable Solutions are not met, thedevelopment then requires Code assessment.
(4) For Code assessable development, a Probable Solution for a Specific Outcomeprovides a guide for achieving that outcome in whole or in part, and does not limit theassessment manager’s discretion under the IPA 3 to impose conditions on adevelopment approval.
1.2.11 Impact Assessable Development(1) Development is identified as being Impact assessable in Column 2 the Assessment
tables for each Zone or Overlay.
(2) Impact assessable development is assessed against the whole Planning Scheme, inaccordance with the IPA. The relevant assessment criteria listed in the Assessmenttables are provided only to assist the preparation of an application for Impactassessable development.
3 IPA, chapter 3 (Integrated Development Assessment System (IDAS)), part 5 (Decision stage), division 6(Conditions)
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 16
1.2.12 Exempt Development(1) Development identified as being Exempt development does not require an
application under this Planning Scheme, and is not required to comply with the codesin this Planning Scheme.
(2) Schedule 8, Part 3 of the Act identifies exempt development that may not be madeassessable or self assessable by the Planning Scheme.
(3) Development may also become exempt development if it is designated asCommunity Infrastructure under Chapter 2, Part 6 of the Act (to the extent that thedevelopment would otherwise be self assessable development or assessabledevelopment under this Planning Scheme).
(4) Development may also be exempt pursuant to Chapter 5 Part 5 of the Act dealingwith Public Housing.
(5) Despite anything to the contrary in this Planning Scheme, the following is also exemptdevelopment:(a) plumbing and drainage work;(b) building work where requiring only code assessment against Standard
Building Regulations;(c) any development required to be carried out by a lawful order or instruction
issued under any Act;(d) temporary buildings associated with a material change of use, building works
or operational works, and temporary uses as defined in this PlanningScheme;
(e) building work for the restoration to its original condition of any building thathas been accidentally damaged or destroyed;
(f) erecting no more than one satellite dish on a premises, where the satellitedish has no dimension greater than(i) 1.2 metres in a residential area or residential consolidation area; and(ii) 1.8 metres in any other area.
(g) Reconfiguration of a lot involving road widenings and truncations required asa condition of development approval;
(h) A temporary sign; and(i) Operational work associated with—
(A) management practices for the conduct of an agricultural use, otherthan—(i) the clearing of native vegetation on freehold land; or(ii) operations of any kind and all things constructed or installed for
taking, or interfering with, water (other than using a water truck topump water) if the operations are for taking, or interfering with,water under the Water Act 2000; and
(B) weed or pest control, unless it involves the clearing of native vegetationthat is assessable development; and
(C) the use of fire under the Fire and Rescue Authority Act 1990; and(D) the conservation or restoration of natural areas; and(E) the use of premises for forest practices.
(6) To remove any doubt exempt development is that which is so identified under the Act.
1.2.13 Existing Use(1) Any existing development that was lawfully established may continue to operate in
accordance with the provisions of the Integrated Planning Act 1997 and theprovisions of the Planning Scheme.
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 17
(2) Council shall maintain a register of Existing Uses which is open to inspection byrequest. Entries and deletion of lawful Existing uses shall be by resolution of theLocal Government.
(3) For the purpose of this Planning Scheme, an existing use undergoes a MaterialChange of Use where there is an intensification of activities or change in the scale ofthe use by more than 10% of the existing lawful activity (as may be measured by totaluse area, traffic movement, hours of operation or the like, considered in the context ofthe use).
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 18
PART 2—INTERPRETATION
Division 1—Definitions
2.1.1 Definitions—the dictionaryThe dictionary in PART 2: Division 1: Schedule A and PART 2: Division 1: ScheduleB defines particular words used in this planning scheme as follows:(a) Defined uses and use classes; and(b) Administrative definitions.
2.1.2 Terms defined in the IPAWhere the planning scheme uses terms are defined, they are taken to have the samemeaning as defined in the IPA or the Macquarie Dictionary where the term is notdefined by IPA.
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 19
Division 1: Schedule A—Defined Uses and Use Classes4
(1) List of DefinitionsThe following table lists the defined uses under use classes.
USE & USE CLASS DEFINITIONS
Rural UseClass
Residential UseClass
CommercialUse Class
Industrial UseClass
Community UseClass
Agriculture AccommodationBuilding
Caravan park Bulk store Communitypurposes
Animalhusbandry
Caretaker’sresidence
Commercialpremises
Extractiveindustry
Open space
Fossicking Dual occupancy Food premises High impactindustry
Public facility –operational
Intensiveagriculture
Home basedbusiness
Hotel Landscapesupplies
Public facility –other
Intensiveanimal
husbandry
Home hostaccommodation
Indoorentertainment
Low impactindustry
Kennels andcatteries
House Motor sportfacility
Medium impactindustry
Roadsidestall
Multiple dwelling Off street carpark
Transportterminal
Stocksaleyard
Retirementvillage
Outdoorentertainment
Vehicle andGoods depot
Rural dwelling Plant nursery WarehouseWorker’s
accommodationRetail/
commercialcomplex
Service station
ShopShop Drive-
ThroughShowroom
Vehicleshowroom
OTHER:- Advertising Devices
4 See Emerald Shire Planning Scheme Explanatory Notes (No. 2) for references to environmentally relevantactivities that may be applicable to a particular use and require assessment against the Environment ProtectionAct 1994.
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 20
(2) Use and Use Class DefinitionsThe following section provides the meanings of Use definitions. These definitions aregrouped into Use Classes of Rural Uses, Residential Uses, Commercial Uses,Industrial Uses, Community Uses and Other.
RURAL USES collectively refers to agriculture, animal husbandry, fossicking, intensiveagriculture, intensive animal husbandry, kennels and catteries, roadside stall, stock saleyardand other undefined uses generally identifiable as rural activities.
“agriculture” means premises used for the growing of plants under dryland practicesincluding plantation forestry enterprises (refer to Plantation Forestry in Planning Schemes –DPI Guidelines for further information on plantation forestry enterprises) that use the following‘accepted dryland forestry practices’:
stress watering (drip irrigation up to 5 times/year) fertilising (up to 3 applications – first 3 years 1) weed control – herbicide (1-21 times/year – first 4 years 1)1 These provisions only need to be incorporated if the chemical application threshold isretained in the agriculture definition.
“animal husbandry” means the keeping, depasturing or stabling of any animal, bird, insect,reptile, fish or crustaceans including purposes in Column 1 of Table A.1 below, but notexceeding the numbers or density of that specified in Column3. The term does not includedomestic pets, working dogs and breeding dogs associated with a house (see housedefinitions), intensive animal husbandry, or kennels and catteries.
“fossicking” means the searching for and collection of fossicking materials from the surfaceor by digging with hand tools, for recreational, tourist or educational purposes, and as furtherdefined by the Fossicking Act 1994. The term does not include camping, which is separatelydefined herein as Caravan Park or Open Space.
“intensive agriculture” means premises used for the growing of plants involving theapplication of irrigation water. The term includes storage, packing and wholesale (not to thedirect public) of product grown on the same site.
“intensive animal husbandry” means the keeping, depasturing or stabling of any animal,bird, insect, reptile, fish or crustaceans including purposes in Column 1 of Table A.1 below, ata density greater than that specified for animal husbandry in Column 3, and with the numbersor density of that specified in Column 4, or as described in Column 4. The term includesassociated processing of dairy products where produced on the farm. The term does notinclude animal husbandry, domestic pets, working dogs and breeding dogs associated with ahouse (see house definitions), or kennels and catteries.
“kennels and catteries” means the keeping of cats or dogs whether for boarding, breeding,training or other purposes. The term does not include domestic pets, working dogs andbreeding dogs associated with a house (see house definitions) or animal husbandry..
“roadside stall” means the display and sale of primary products grown and produced on thesame site or road reserve adjacent to the site.
“stock saleyard” means any premises used for the purpose of offering animals for sale andincludes a public livestock market, and shall hold more than 20 standard cattle units and salesat a frequency of at least 1 sale per year.
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 21
Table A.1 The Keeping of Animals
Column 1
Animals
Column 2
Domestic Petsassociated
with a house
Column 3
AnimalHusbandry
Column 4
IntensiveAnimal
Husbandry
Column 5
Otherdefinitions
Bees (hives)As per EmeraldShire CouncilLocal Laws
3-20 hives More than 20hives N/A
Caged birds (notincluding
poultry, emu orostrich)
As per EmeraldShire CouncilLocal Laws
21-40 birds orfor racing
pigeons 40-60birds on sites
between 900m2
and 1200m2
More than 40birds or for
racing pigeonsover 60 birds
N/A
CatsAs per EmeraldShire CouncilLocal Laws
N/A N/A Kennels andCatteries
Cattle
As per EmeraldShire CouncilLocal Laws on sites equal to
or less than 2ha– 1 up to 9 cattle
on sites greaterthan 2ha up to10 ha – 1 up to
19 cattle.
As per therequirements of
theEnvironmental
ProtectionRegulations
1998 andReference
Manual for theEstablishmentand Operationof Beef Cattle
Feedlots inQueensland
2000
N/A
Dogs (notincluding
working andbreeding dogs
on Rural Zonedland)
As per EmeraldShire CouncilLocal Laws N/A N/A Kennels and
Catteries
Fisheries(including fish,crustaceans asdefined in theFisheries Act)
As per EmeraldShire CouncilLocal Laws
Ponds of 200m2
to 5ha in surfacearea.
AquaculturePonds greater
than 5ha;or
any sized pondswhere wastes
are released towaters
note: Theseactivities areconsidered
ERAs and arerequired to belicensed under
theEnvironmentalProtection Act
1994
N/A
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 22
Table A.1 The Keeping of Animals
Column 1
Animals
Column 2
Domestic Petsassociated
with a house
Column 3
AnimalHusbandry
Column 4
IntensiveAnimal
Husbandry
Column 5
Otherdefinitions
Goats
As per EmeraldShire CouncilLocal Laws
on sites equal toor less than 2ha
– 1 up to 9goats
on sites greaterthan 2ha up to10 ha – 1 up to
19 goats
on sites greaterthan 10 ha – 1-
49 goats
on sites equal toor less than 2ha
– 10 or moregoats; or
on sites greaterthan 2ha up to10ha – 20 or
more goats; or
on sites greaterthan 10 ha – 50or more goats.
N/A
HorsesAs per EmeraldShire CouncilLocal Laws
1-10 horses More than 10horses N/A
Pigs
As per EmeraldShire CouncilLocal Laws
On sites equalto or less than2ha – 1-9 pigs
On sites greaterthan 2ha up to10 ha – 1-19
pigs
On sites greaterthan 10 ha – 1-
49 pigs
As per therequirements of
theEnvironmental
ProtectionRegulations
1998 andSeparation
Guidelines forQueensland
Piggeries 2001
N/A
Poultry (includesfowls, roosters,geese, ducks,(not domesticpigeons), andany other bird
bred for humanconsumption.)
As per EmeraldShire CouncilLocal Laws
The keeping ofany number ofroosters; ANDthe following:
On sites equalto or less than
2ha – 1-25 birds
On sites greaterthan 2ha up to10 ha – 25-99
birds
On sites greaterthan 10 ha – 25-
999 birds
Poultry farmsOn sites equalto or less than
2ha – 1 bird per1000m2;
On sites greaterthan 2ha – 1bird per 20m2
where enclosed,or
2.5 birds persquare metre for
free range.
N/A
Squab pigeonsand quails(excludingdomestic
pigeons, and
As per EmeraldShire CouncilLocal Laws
Up to 1999breeding pairoperating inaccord with theDawson Callide
Over 2000breeding pair; orless than 2000breeding pair,and the
N/A
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 23
Table A.1 The Keeping of Animals
Column 1
Animals
Column 2
Domestic Petsassociated
with a house
Column 3
AnimalHusbandry
Column 4
IntensiveAnimal
Husbandry
Column 5
Otherdefinitions
poultry) Squab Co-operative BestPractice Manualon land withinthe Rural Zonegiven thehusbandry is: more than
100m from ahouse
more than100m from aland not inthe RuralZone
more than 100mfrom a public
road
husbandry isunable tocomply withseparationdistances: more than
100m from ahouse
more than100m from aland not inthe RuralZone
more than 100mfrom a public
road
Emus &Ostriches
As per EmeraldShire CouncilLocal Laws
on sites lessthan 2ha – 1-9
birds
on sites equal toor greater than2ha up to 10 ha
– 1-19 birds
on sites greaterthan 10 ha – 1-
49 birds
on sites lessthan 2ha – 10 or
more birds; or
on sites equal toor greater than2ha up to 10ha– 20 or more
birds; or
on sites greaterthan 10 ha – 50or more birds.
N/A
Sheep
As per EmeraldShire CouncilLocal Laws
on sites lessthan 2ha – 1-9
sheep
on sites equal toor greater than2ha up to 10 ha– 1-19 sheep
on sites greaterthan 10 ha – 1-
49 sheep
on sites lessthan 2ha – 10 ormore sheep; or
on sites equal toor greater than2ha up to 10ha– 20 or more
sheep; or
on sites greaterthan 10 ha – 50or more sheep.
N/A
Others eg. deer,alpaca
As per EmeraldShire CouncilLocal Laws
on sites lessthan 2ha – 1-9
animals
on sites equal toor greater than2ha up to 10 ha
on sites lessthan 2ha – 10 ormore animals;
or
on sites equal toor greater than2ha up to 10ha
N/A
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 24
Table A.1 The Keeping of Animals
Column 1
Animals
Column 2
Domestic Petsassociated
with a house
Column 3
AnimalHusbandry
Column 4
IntensiveAnimal
Husbandry
Column 5
Otherdefinitions
– 1-19 animals
on sites greaterthan 10 ha – 1-
49 animals
– 20 or moreanimals; or
on sites greaterthan 10 ha – 50
or moreanimals.
RESIDENTIAL USE CLASS collectively refers to accommodation building, caretaker’sresidence, dual occupancy, home based business, home host accommodation, house,multiple dwelling, retirement village uses, worker’s accommodation and other undefined usesthat are ordinarily considered forms of residential accommodation or residential activities
“accommodation building” means premises used for accommodation units on a single lotand which provides common facilities and includes any restaurant, office and/or manager’sresidence on the same site, shared kitchen, bathroom and laundries. The term includes usescommonly known as a motel, hostel, boarding house, apartment house, servicedapartments/rooms, and the accommodation component of hotels and community purposeuses.
“caretaker’s residence” means a dwelling unit having a maximum floor area of 100m2 foraccommodation of a caretaker or manager in connection with a particular purpose on thesame site, except for rural purposes.
“dual occupancy” means premises used for 2 dwelling units on a single lot. The term doesnot include home host accommodation, caravan park, or multiple dwelling.
“home based business” means a commercial activity, occupation or profession carried outin, or on the same site as a house by any permanent resident of the house, where the totaluse area for the activity, occupation or profession does not exceed 50m2 or constitute morethan 10% of the total use area of the house and has one or more of the followingcharacteristics:
maximum of 1 employee in addition to the resident/s of the house;the total number of customers and visitors does not exceed 6 persons per day in anaverage week; andthere may be ancillary yet minor sale or hire of goods from within the house.
The term does not include Low impact industry, Medium impact industry, High impactindustry, Commercial premises, Roadside stall or Shop. The term does not include anyservices that cannot be legally provided to persons under 18 (bottle shop, tattoo premisesetc.).
“home host accommodation” means the provision of accommodation, as rural tourism, bedand breakfast or the like, on:
land on the Rural zone and for a maximum of 10 visitors in any house or building onthe subject site associated with the house, where the host resides on the premises ona full time basis, providing that the maximum number of persons on the premises atany one time does not exceed 12; oron land not contained in the Rural zone and for a maximum of 6 visitors in any houseor building on the subject site associated with the house, where the host resides on
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 25
the premises on a full time basis, providing that the maximum number of persons onthe premises at any one time does not exceed 8.
“house” means using a detached building, comprising one dwelling unit, principally forresidential purposes and includes as ancillary uses:
the keeping of domestic pets, and includes working dogs for bone fide rural purposes;garages and outbuildings normally associated with this use to a maximum floor areaof 200m2;the caring of children as defined as Family Day Care or Home Based Care as definedin the Child Care Act, but not exceeding 6 children in care;“home activity being a hobby, minor commercial activity, occupation or professioncarried out in, or on the same site as a house by any permanent resident of thehouse, where the total use area for the activity, occupation or profession does notexceed 50 m2 or constitute more than 10% of the total use area of the house and has: no employees; no public signage of the activity; no customers or visitors to the site; and no sale or hire of goods on site.
an annexed unit where such unit: has a maximum floor area of 50m2; has only one bedroom; is architecturally and structurally part of the house; and is not self contained.
“multiple dwelling” means premises used for 3 or more dwelling units on a single lot. Theterm includes uses commonly known as a townhouse, unit, apartment and any managerresidence. The term does not include accommodation building, home host accommodation,dual occupancy, retirement village, or caravan park.
“retirement village” means premises used for 3 or more dwelling units or accommodationunits for residential accommodation by elderly or retired persons in accordance with theRetirement Villages Act.1999 The term includes ancillary nursing home accommodation andfacilities, recreational and communal facilities provided on the same site. The term does notinclude community purposes (nursing home, aged care accommodation, institution), ormultiple dwelling.
“rural dwelling” means two or more dwellings on Rural zone land where the land size is atleast 100 hectares and where the persons to be housed in the additional dwelling or dwellingsis engaged in bona fide and viable rural pursuits on the subject land.
“worker’s accommodation” means any premises used for the purpose of providingaccommodation to workers associated with major developments, including mining projectsand intensive agricultural enterprises. The number and length of stay of workers may vary.Commonly the worker’s accommodation will cater for 30 persons or more and will operate formore than 18 months. It includes ancillary uses such as kitchen, dining hall, amenitybuildings, and recreation and parking facilities, which cater exclusively for the residents of theworker’s accommodation. The term does not include accommodation building, caravan park,community purposes, or multiple dwelling.
COMMERCIAL USE CLASS collectively refers to caravan park, commercial premises, foodpremises, hotel, indoor entertainment, motor sport facility, off street car park, outdoorentertainment, plant nursery, retail/commercial complex, service station, shop, showroom andvehicle showroom uses and other undefined business uses that are ordinarily centred aroundfinancial gain.
“caravan park” means any combination of the parking of caravans or relocatable homes,camping or the pitching of tents, or the use of cabins with a maximum total use area of 80m2
for each cabin, whether for the travelling public or long-term residents. The term includes any
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 26
manager’s office or residence, shop, amenity buildings and recreational and entertainmentfacilities which cater exclusively for the occupants of the caravan park.
“commercial premises” means the provision of professional, business or commercialservices in premises having a maximum total use area of 2000m2, and is a use included inone or more of the following categories:(a) The provision of administration, clerical, technical and/or professional services as a
business or commercial operation;(b) Premises used for the provision of health or medical service (with no overnight
accommodation) that may include a medical centre that would include such typicalpremises as medical and dental surgeries; clinics for specialists as well asphysiotherapy, massage and naturopathy; a pathology laboratory; counselling rooms;nursing services; and the dispensing of pharmaceuticals associated and integratedwith the medical centre (pharmacy otherwise defined as a shop);
(c) Offices for local, state or federal government administrative functions when notancillary to the primary use of the premises and includes Council chambers, a courthouse and the like;
(d) Uses commonly referred to as veterinary clinic with the hospitalisation of animals,personal services such as a hairdressing/beauty salon, bank, post office, real estateoffice, or travel agency; or
(e) The sale of goods where ancillary to the primary commercial use.The term does not include uses defined as shop, food premises, showroom or vehicleshowroom.
“food premises” means the use of premises primarily for the preparation and serving ofmeals and beverages. The term includes restaurants, cafes, kiosks, takeaway shops, fastfood outlets, function or reception centres, outdoor dining associated with any of these uses,and ancillary use of amplified music or speaker systems.
“hotel” means premises which primarily sell liquor for consumption on-site, which may alsosell liquor for consumption off-site, provide short-term accommodation or dining/entertainmentfacilities. The term does not include accommodation building, liquor store or shop.
“indoor entertainment” means providing entertainment which, by its nature, is providedindoors, including amusement centres, cinemas, nightclubs, licensed and unlicensed clubsindoor sports centres, gymnasiums and the like and any commercial use (excluding foodpremises) with amplified music or speaker systems.
“motor sport facility“ means any motorised forms of recreation and sport, for purposes ofrecreation or conducting a motor race, and includes the provision of ancillary structures (eg.spectator stadium, mechanical workshop and amenities).
“off street car park” means any premises used only for the temporary parking of motorvehicles.
“outdoor entertainment” means any sporting or recreational activity, or other leisure pastime,which is conducted wholly or mainly outdoors. The term includes licensed or unlicensed clubhouses, showgrounds (including provision for ancillary accommodation for travellers withlivestock or show animals or those associated with a showgrounds event), outdoor publicswimming pools, golf courses and driving ranges, outdoor courts and sportsgrounds, shootingor archery ranges and the like. It also includes the provision of a clubhouse, amenities, storagefacilities and carparking associated with the use. The term does not include a motor sportfacility.
“plant nursery” means cultivating, storing or displaying seedlings, plants, flowers, shrubs anddomestic trees for retail sale direct to the public.
"retail/commercial complex” means the hire, retail sale of goods and/or provision ofprofessional, business or commercial services:
in premises having a total use area greater than 2000m2;
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 27
in a single complex or separate buildings; and,on one or more lots.
“service station” means the use of premises primarily for refuelling motor vehicles andincluding ancillary use of the premises for:
retail sale of oils, greases and other motoring accessories and convenience items;the servicing and minor repairs of vehicles;a car washing facility; and,a shop not exceeding a total use area of 100m2.
“shop” means the display, hire and/or retail sale of goods on premises with a maximum totaluse area of 2000m2. The term includes a 25% of the premises for ancillary office or minorworkshop. The term includes a liquor store, video store, or the like.
“Shop Drive-Through” means any premises, usually a food premise, which involves drivethrough facilities for the convenience of purchasers. This term is specific to a food premisesand similar uses which do not have a vehicle drive through facility.
“showroom” means any premises greater than 20m2 but not exceeding a total use area of2000m2 used for the display and sale of bulky goods or goods of a similar type. The termincludes the sale of electrical goods, camping equipment, produce stores and hardwarestores, provided there is no outdoor storage of materials or equipment. The term does notinclude shop, commercial premises, vehicle showroom or low impact industry.
“vehicle showroom” means the indoor and outdoor display, hire and sale of vehicles,including agricultural machinery, boats, caravans, cars, trucks or the like. The term includesselling of spare parts and ancillary repairs and servicing of those vehicles.
INDUSTRIAL USE CLASS collectively refers to bulk store, extractive industry, high impactindustry, landscape supplies, low impact industry, medium impact industry, transport terminal,vehicle and goods depot, warehouse and other undefined uses that are ordinarily consideredindustrial in nature. This Use Class includes ancillary business offices, retail areas andwarehousing up to 25% of the total floor area.
“bulk store” means any premises used for the bulk storage of goods, where the goods storedor to be stored, are not required to be used for another use located on the same site and doesnot include a warehouse. The term includes storage sheds not ancillary to a primary use ofany premises.
“extractive industry” means the use of premises for the extraction and processing ofextractive resources to produce extractive materials and includes ancillary activities such asstorage, loading, transport, administration and maintenance facilities. The term includes theimportation onto the premises of other materials to be used as additives for blending with theextractive materials to modify products to achieve material specifications or to bind, stabiliseor correct products. The term does not include removal of quarry material from a watercourseor lake as defined under the Water Act 2000 if an allocation notice is required under that Act,does not include the removal of materials authorised by the Local Government Act 1993, ormining within the means of the Mineral Resources Act 1999 or earthwork associated withbona fide rural activities on a rural property such as the construction of a dam and does notinclude a concrete batching plant or an asphalt manufacturing plant. Extractive resources areused for their physical properties eg. hardrock for building or sand and gravel for concrete.
“high impact industry” means use of any premises for the purpose of:(a) any of the industrial activities listed below that correspond to the group and class
listed within the Australian and New Zealand Standard Industrial Classificationsystem and for Groups 217, 221, 222, 226, 262 and 274 only where the use is anEnvironmentally Relevant Activity under the Environmental Protection Act;
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 28
Group Class Description211 Meat and Meat Product Manufacturing214 Oil and Fat Manufacturing217 Other Food Manufacturing218 Beverage and Malt Manufacturing219 Tobacco Product Manufacturing221 Textile Fibre, Yarn and Woven Fabric Manufacturing222 Textile Product Manufacturing226 Leather and Leather Product Manufacturing251 Petroleum Refining252 Petroleum and Coal Product Manufacturing253 Basic Chemical Manufacturing254 Other Chemical Product Manufacturing255 Rubber Product Manufacturing262 Ceramic Product Manufacturing263 Cement, Lime, Plaster and Concrete Product
Manufacturing264 Non-Metallic Mineral Product Manufacturing271 Iron and Steel Manufacturing272 Basic Non-Ferrous Metal Manufacturing273 Non-Ferrous Basic Metal Product Manufacturing274 Structural Metal Product Manufacturing
2821 Shipbuilding
or;(b) using, storing, handling or disposing of any radioactive substance or material; or(c) storing chemicals, including ozone depleting substances, gases or dangerous goods under the
dangerous goods code, or(d) The following Environmentally Relevant Activities under the Environmental Protection Act
1994;Number 7 – Chemical StorageNumber 53 – Soil Conditioner Manufacturing;Number 78 – Chemical or Oil recycling.
“landscape supplies” means premises used for the storage and/or sale of sand, soil,screenings and other such garden and landscaping materials where such material is storedon site for sale or distribution in quantities greater than one (1) cubic metre. The purposeincludes the ancillary use of such premises for the sale, or displaying or offering for sale (inany quantity) of such items as:(a) seeds, plants or other propagative plant material;(b) goods associated with the cultivation of plants;(c) garden ornamentation, furniture or structures;(d) garden tools or equipment;that if not ancillary would otherwise be defined as a Plant nursery.
“low impact industry” means the use of any premises for the purpose of;(a) any of the industrial activities listed below that correspond to the group or class listed
within the Australian and New Zealand Standard Industrial Classification system; and(i) for Groups 226, 231, 232, 233 and 274 only where the use is NOT an
Environmentally Relevant Activity under the Environmental Protection Act 1994; and
(ii) for Groups 411, 412, 421, 422, 423, 424 and 425 only where the use of thepremises is for the purposes of a yard or depot; and
(iii) for Groups 281, 285 and 286 only up to a maximum total use area of 100m2 ;and
(iv) the use operates only between the hours of 6am to 6pm, Monday to Saturday.
Group Class Description213 Fruit and Vegetable Processing
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 29
216 Bakery Product Manufacturing223 Knitting Mills224 Clothing Manufacturing225 Footwear Manufacturing226 Leather and Leather Product Manufacturing231 Log Sawmilling and Timber Dressing232 Other Wood Product Manufacturing233 Paper and Paper Product Manufacturing241 Printing and Services to Printing242 Publishing243 Recorded Media Manufacturing and Publishing274 Structural Metal Product Manufacturing281 Motor Vehicle and Part Manufacturing283 Photographic and Scientific Equipment Manufacturing284 Electronic Equipment Manufacturing285 Electrical Equipment and Appliance Manufacturing286 Industrial Machinery and Equipment Manufacturing292 Furniture Manufacturing294 Other Manufacturing411 Building Construction412 Non-Building Construction5
421 Site Preparation Services422 Building Structure Services423 Installation Trade Services424 Building Completion Services425 Other Construction Services526 Household Equipment Repair Services
5322 Automotive Electrical Services5329 Automotive Repair and Services7865 Pest Control Services7866 Cleaning Services
and unless stated elsewhere as being a different use, includes the servicing or repairof an item that would be produced, manufactured or created from the above list; or
(b) dry cleaning that is a notifiable activity under the Environmental Protection Act 1994or a laundry not ancillary to the primary use of the premises;
The term includes any display area and/or office ancillary to the Low Impact Industry.
“medium impact industry” means the use of any premises for the purpose of;(a) any of the industrial activities listed below that correspond to the group or class listed
within the Australian and New Zealand Standard Industrial Classification system and(i) for Groups 217, 221, 222 and 262 only where they are NOT an
Environmentally Relevant Activity under the Environmental Protection Act1994; and
(ii) for Groups 231, 232 and 233 only where they are an EnvironmentallyRelevant Activity under the Environmental Protection Act 1994; and
(iii) for Groups 281, 285 and 286 only where they have a total use areagreater than 100m2.
Group Class Description212 Dairy Product Manufacturing215 Flour Mill and Cereal Food Manufacturing217 Other Food Manufacturing221 Textile Fibre, Yarn and Woven Fabric Manufacturing222 Textile Product Manufacturing231 Log Sawmilling and Timber Dressing
5
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 30
232 Other Wood Products Manufacturing233 Paper and Paper Product Manufacturing256 Plastic Product Manufacturing261 Glass and Glass Product Manufacturing262 Ceramic Pot Manufacturing275 Sheet Metal Product Manufacturing276 Fabricated Metal Product Manufacturing281 Motor Vehicle and Part Manufacturing
2822 Boatbuilding2823 Railway Equipment Manufacturing2824 Aircraft Manufacturing2829 Transport Equipment Manufacturing
285 Electrical Equipment and Appliance Manufacturing286 Industrial Machinery and Equipment Manufacturing291 Prefabricated Building Manufacturing
5323 Smash Repairingor
(b) a junk yard, wrecking yard or salvage yard; or(c) The following Environmentally Relevant Activities under the Environmental Protection
Act 1994:(i) Number 23 – Abrasive blasting(ii) Number 27 – Metal Recovery(iii) Number 77 – Battery recycling(iv) Number 79 – Drum reconditioning(v) Number 80 – Tyre recycling; or
(d) Any Low Impact Industry operating outside of the specified hours for a Low ImpactIndustry.
(e) Any other Industry not separately defined.
“transport terminal” means premises used for a road transport, rail transport or air transport(including heliport) passenger terminal with associated goods services, a bus or coachstation. The term does not include vehicle depots as separately defined.
“vehicle and goods depot” means premises for the overnight or longer storage (either in theopen or covered) of any one or more buses, trucks, taxis, other motor vehicles, trailers,caravans and/or boats for commercial or public purposes and/or premises used as anoperational base or depot for any such vehicles. The purpose includes ancillary storage ofgoods and/or the repair and maintenance of any such vehicles on the premises. The termdoes not include facilities ancillary to another purpose on the same site, a showroom, off-street car park or transport terminal as separately defined.
“warehouse” means any premises used for the storage of goods, items, merchandise ormaterials in large quantities pending their;(a) distribution; or(b) sale to persons who in most instances (minimum of 90% of persons) purchase for the
purposes of resale only.The term includes any display area up to 20m2 and/or office ancillary to the warehouse.
COMMUNITY USE CLASS collectively refers to community purposes, open space, publicfacility – operational, public facility – other, and other undefined uses generally associatedwith community or non-profit organisations.
“community purposes” means cultural, religious or community uses not otherwise defined aspublic facility – operational or public facility – other, and is a use in one or more of the followingcategories:
1. Ambulance station, fire brigade, police station, emergency services depot;2. Cemetery, crematorium;3. Public hall or centre, senior citizens centre or youth centre;
PART 2 INTERPRETATION Definitions
Planning Scheme for Emerald Shire (Amendment No. 3)2013 31
4. Church, chapel, synagogue, temple and ancillary accommodation;5. Child care centre, or other education uses such as art galleries, museums, library;6. Primary and secondary schools, tertiary education establishments or student
accommodation associated with one of these uses; or7. Orphanage or children’s home.
“open space” means public land used for recreational purposes, aesthetic appreciation, and/orconservation or environmental protection. The term includes children’s playground; informalsports fields; any vehicle parking areas, amenities associated with the use, and short termcamping and pitching of tents.
“public facility – operational” means the use of any use of any premises for the purposes ofany installation or undertaking for a Local, State or Federal government or public sector/entityinfrastructure / purpose, including:
1. the supply of water, hydraulic power, electricity or gas, or any developmentrequired for the purpose of that undertaking by way of:
a) development of any description at or below the surface of the ground(not above);
b) the installation of any plant inside a building or the installation orerection within the premises of a generating station of any plan orother structures required in connection with the station;
c) the Transmission Grid as defined in the Electricity Act 1994 (includingthe installation or erection of an electrical transmission line of substations, feeder pillars, pole transformers and kiosks or transformerhousing);
d) The Supply Network as defined in the Electricity Act 1994;e) the placing of pipes above the surface of the ground for the supply of
water, the installation in a water distribution system of booster stationsand meter or switchgear houses; and
f) power generation plant where burning less than 100kg of fuel an hour;g) the provision of sewerage or drainage services (but excluding a
sewerage treatment works);h) a wharf, water transport or river undertaking;i) the construction of, or a material change of use for, a new road as
defined in the Transport Infrastructure Act 1994 by a public sectorentity as defined in the Integrated Planning Act 1997;
j) The use of premises for the purpose of constructing, maintaining andoperating rail transport infrastructure as defined in the TransportInfrastructure Act 1994. To remove any doubt, “other railinfrastructure” that is excluded, for the purposes of this PlanningScheme includes freight yards/depots, rolling stockconstruction/maintenance workshops, employee carparks, parts of arailway station not associated with operating a railway (eg. coffeeshops, newsagencies, travel agencies, tourism offices, car parksetc.), office buildings (excluding offices directly associated with theoperations of a railway at the location of the offices) and the like;
k) Those forms of telecommunication facilities which are made exemptunder the Commonwealth Telecommunications Act 1997, and asdescribed in the Commonwealth Telecommunications Act 1997, theTelecommunications (Low-Impact Facilities) Determination 1997, andthe Telecommunications Code of Practice 1997, and to remove anydoubt, for the purposes of this Planning Scheme those facilitiesdefined as Low Impact, Minor Impact, Medium Impact facilities andMajor Impact facilities that are not otherwise defined in Public Facility– Other ; and
l) a depot operated by, or for, the Council or other public sector/entity.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 32
“public facility – other” means the use of any premises for the purposes of any installation orundertaking for any infrastructure / purpose not otherwise defined; including but not limited tothe following:
1. A waste handling, treatment or disposal facility (except excavation or fillingcarried out at a premises where it was lawfully established prior to thecommencement of this Planning Scheme, and in accordance with anyconditions of development approval); or
2. power generation plants burning 100kg or more of fuel per hour; or3. sewerage treatment works; or4. a gaol; reformatory or similar penal establishment; or5. hospital, aged care facility or health care institution where accommodation for
patients and/or carers is provided; or6. Telecommunication facilities defined as Major Impact Facilities under the
Commonwealth Telecommunications Act 1997 to the extent that they include:a) Towers or other structures of more than 5m above tree canopy
height or above prevalent roof lines in a residential or othersensitive area or adjacent to an existing residence, residential zoneor other sensitive area;
b) Towers or other structure of more than 10m above tree canopyheight or above prevalent roof lines; and
c) Aerial cabling in a residential locality or adjacent to an existingresidence or residential zone; and
7. The provision of infrastructure on premises for the conveying or providing ofservices to a development/ use located on another lot, including theinfrastructure for water, gas or sewer pipelines, or other structures or towersused for the provision of electricity or telecommunications.
OTHER
“advertising devices” – are defined under Part 6 Division 8: Schedule A - Types ofAdvertising Devices:- Column 1
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 33
Division 1: Schedule B—Administrative Definitions
(1) List of DefinitionsThe following table lists the administrative definitions.
ADMINISTRATIVE DEFINITIONSAccommodation buildingdevelopment
IDAS Risk
Accommodation unit Industry RoadAcceptable solutions Industrial road Rural roadAdvertising device IPA SchedulesANEFAssessment category Layer Scheme measures
Secondary Road FrontageAssessment criteria Land Contiguous to
Electricity WorksSelf contained
Assessment provisions Landscaped areas Sign maintenanceAssessment tables Landscaped setbacks Site areaBuffer Main roads Site coverBuilding envelope Material change of use Small lotsBuilding height Minor building work Specific outcomesBuilding setback Minor residential street State assessment
requirementsBuilding work Natural hazard management
areaSteep slopes
Child activity areas Noise sensitive uses Stock routeSub-area
Development Operational work Supporting documentsDevelopment commitment Operational work associated
with management practicesfor the conduct of anagricultural use
Temporary advertisingdeviceDomestic Pet
Dwelling unit Overall outcomes Temporary usesElectric Line Shadow Overlay Total use areaElectricity transmission lineeasement
Parks Useable landscaped areas
Explanatory notes UseFilling and excavating Person Use classFloor area (of a building) Principal road User’s guidesFrontage Private open space Vegetated bufferGood Quality AgriculturalLand
Probable solutions Watercourse
Habitat Rail corridor land WeedsHabitable buildings Railway works WorksHabitable room Reconfiguring a lot ZoneHazardous materials Residential accommodation
developmentResidential streetRiparian corridor
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 34
(2) Administrative DefinitionsThe following section provides the meanings of administrative definitions.
“accommodation building development” means uses commonly referred to as a motel,hostel, boarding house, apartment house, serviced rooms and the accommodationcomponent of hotels, collectively.
“accommodation unit” means part of a building used as a dwelling place for the exclusiveuse of one household, but which is not a dwelling unit due to the absence of kitchen andlaundry facilities. To avoid any doubt, kitchen facilities include those with the provision ofoven and cooktop and not just provision of a microwave and other domestic appliances.
“acceptable solutions” mean:(a) the criteria comprising a code that self-assessable development must comply with;
and(b) the precise criteria that do not require the exercise of discretion to assess whether
proposed development complies.
“advertising device” means any words, letters, numerals, logos, messages, pictorialdisplays, inscription, notices, devices, representation or signs of any kind, which are visiblefrom any public place or the air, having the effect of directing attention to a commodity,service, activity, product, trade, profession, place or person. The term includes, but is notlimited to:(a) Any framework, board or other structure, which is used for the purpose of affixing or
supporting the advertising sign. Accordingly, the framework or structure includes thefacade, walls, awning, roof, or canopy of a building and the columns, pylons, or polesof a freestanding device or fence;
(b) Any cloth, textile, plastic or flexible membrane material;(i) onto which the sign is affixed or painted (eg. flags, banners, balloons, blimps,
kites, cold air inflatables, blinds and canopies); or(ii) that is shaped or formed to attract attention (eg. bunting / streamers, etc.),
(c) Murals and three dimensional objects and shapes;(d) Any devices or objects which are illuminated or which have movement in any form.
This does not include lighting for the sole purpose of security or safety.To remove any doubt, an advertising device does not include:(a) a sign regulated by or through the Transport Operation (Road Use Management) Act
1995 or as amended; or(b) any sign required to be displayed to satisfy the obligations of any person, company or
contractor under the Workplace Health and Safety Act 1995 or as amended; or(c) a Temporary Advertising Device or Sign Maintenance as otherwise defined.
“(ANEF) Australian Noise Exposure Forecast” a single number index (expressed on anANEF chart as a series of contours) that predicts for a particular future year (usually 10 or 20years ahead) the cumulative exposure to aircraft noise likely to be experienced bycommunities near airports during a specified time period (usually one year) NB: A detaileddefinition and explanation is set out in the SPP 1/02 Guideline.
“assessment category” means the type of assessment identified for development inaccordance with the IPA, including one or other of the following—(a) exempt;(b) self-assessable;(c) assessable requiring code assessment, referred to as code assessable;(d) assessable requiring impact assessment, referred to as impact assessable.
“assessment criteria” are those parts of the scheme measures, comprising applicable codesor otherwise, that establish the outcomes sought for self-assessable and assessabledevelopment, including overall and specific outcomes, acceptable solutions and probablesolutions.
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“assessment provisions” means provisions that are assessment categories, assessmentcriteria, process considerations relevant to IDAS, and all parts of the planning scheme andassociated planning scheme policies necessary for understanding and applying thoseprovisions, including relevant maps and schedules.
“assessment tables”(a) Assessment tables are tables that identify the assessment categories applying to
development in a particular zone or overlay.(b) The tables may also identify which assessment criteria, including applicable codes,
are relevant to the identified development.
“buffer” means an area, structure or physical feature separating a source of environmentalimpact from an area or use sensitive to such impact. A buffer area may include public parkland where the buffer function is incidental to and compatible with the use of that park forother purposes.
“building envelope” means that part of a site which contains all buildings, structures, effluentdisposal areas, and resident recreational areas.
“building height” means the distance between the natural ground level and the highest pointof a building or structure.
“building setback” means the distance between a lot boundary and the outermost wall of abuilding.
“building work” has the same meaning as in the IPA, but excludes minor building work asseparately defined.
“child activity areas” means for the purposes of interpreting the Major Utilities Code –Electricity Transmission Lines, land or buildings associated with the care or use by childrenfor more than 5 hours per day at least 3 days per week including:(a) Child care facilities providing day care, occasional care, kindergarten and crèche
services; and(b) Educational establishments providing for preschool and primary school students; and(c) Before/after school care and vacation care for children less than 13 years of age.
“development” has the same meaning as in the IPA.
“development commitment” means for the purposes of interpreting the Natural DisasterOverlays, any of the following:(a) development with a valid development approval; or(b) exempt development, self-assessable development or development only assessable
against the Building Regulation 2006; or(c) development clearly consistent with the relevant zone, or sub-area of a zone; or(d) a subdivision or other reconfiguration of allotment boundaries consistent with the
requirements of the planning scheme; or(e) development consistent with a designation for community infrastructure.
“domestic pet” means the keeping of any animal, bird, insect, reptile or fish kept on land forthe interest, enjoyment or protection of residents of a house or dwelling unit. The numbers ofanimals are limited to the following:
Bees 2 hivesCaged Birds 20 birds (except racing pigeons, squabs and quail –
See Table A.1)Cats 2 adult catsDogs 2 adult dogsPoultry 12 hens, 0 roosters.
The term does not include the keeping of animals as separately defined as animal husbandryor intensive animal husbandry.
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“dwelling unit” means a building or part of a building used as a self contained residence forone household. As examples: a House is a single dwelling unit; a Dual occupancy is twodwelling units; a relative’s apartment is either an annexed unit as part of the House (see theHouse definition); or is a second dwelling unit on the same site as the House, therefore fallingin the definition of a Dual occupancy.“electric line shadow” means the area directly below a group of electric lines when the linesare at rest.
“electricity transmission line easement” mean an existing easement over land in favour ofan entity responsible for the carriage or supply of electricity, which is intended to be used orused for the transmission of electricity.
“explanatory notes” means supporting documents declared by the planning scheme to beextrinsic material to assist interpretation of the scheme and include documents that:(a) provide a summary of the background to determining the desired environmental
outcomes and scheme measures;(b) explain the relationship between the desired environmental outcomes and scheme
measures; or(c) explain how the scheme provisions operate.
“filling and excavating” means the deposition or removal of material that that materially altersthe ground level. This deposition or removal of material is a form of operational works, whetherassociated with an assessable material change of use or not. The term does not include theuse of premises for extractive industry separately defined.
“floor area (of a building)” means the total floor area of all levels of a building measuredfrom the outside of the external walls or the centre of a common wall.
“frontage” means a boundary of a lot which abuts a road.
“Good Quality Agricultural Land“ means that land which is mapped on Map RES 1 as LandClasses A, B, & C1, in accordance with the Planning Guidelines – The Identification of GoodQuality Agricultural Land that accompany State Planning Policy 1/92.
“habitat” means the terrestrial and/or aquatic environment where an organism or group oforganisms live through time, including breeding, growing, feeding, nesting or roosting.
“habitable buildings” means any building, part of a building or structure used for or able tobe lawfully used as a residence.
“habitable room” means any room used for normal domestic activities other than abathroom, toilet, pantry, walk-in wardrobe, corridor, lobby, photographic darkroom, clothes ordrying room, and other spaces of a specialised nature occupied neither frequently nor forextended periods.
“hazardous materials” for the purposes of interpreting the Natural Disaster Overlays Code,has the same meaning as the Dangerous Goods Safety Management Act 2001.
“IDAS“ has the same meaning as in the IPA.
“industry” means any of the following operations:-(a) (i) any manufacturing process whether or not such process results in the
production of a finished article; or(ii) the breaking up or dismantling of any goods or any goods or any articles for
trade, sale or gain, as ancillary to any business; or(iii) repairing, servicing or storage of articles including vehicles, machinery,
buildings or other structures, laundering of articles but not including on-sitework on buildings or other structures; or
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(iv) any operation connected with the installation of equipment and services andthe extermination of pests but not including on site work on buildings or otherstructures or land; or
(v) treating waste material; or(vi) the storage or sale of any solid, liquid or gaseous fuel where such storage is
not for a purpose separately defined herein; or(vii) any process of testing and analysis; and
(b) when conducted on the same land as any of the above operations -(i) the storage of goods used in connection with or resulting from any of the above
operations; or(ii) the provision of amenities for persons engaged in such operations; or(iii) the sale of goods, resulting from such operations where no more than a total of
20% of the site or floor area are used for sales and display of goods; or(iv) any work of administration or accounting in connection with such operations.
“industrial road” means a road which has the primary function of providing access toindustrial properties.
“IPA” means the Integrated Planning Act 1997.
“layer” means:a zone; anda mapped or otherwise described area that affects assessment categories and hasrelevant assessment criteria, or has relevant assessment criteria only, if thoseassessment categories and assessment criteria are organised separately from thezone provisions.
An overlay may be a layer.
“land contiguous to electricity works” means land that:a) contains an easement for existing or proposed electricity works; orb) has or is planned to have electricity works over, on or under the land; orc) is within 20m of an existing or planned substation; ord) is closer to the centreline of an electric line than the distance identified as “A” in
Figure 2 for the nameplate voltage of the particular electric line;e) will contain buildings, structures or works (including landscaping, laying or pipes,
filling or excavating) that would intrude into the shaded space in Figures 2,3 or 4;f) will have vegetation that will at maturity exceed 4.0m in height, and is:
i. on, or within 5.0m of, an electric line shadow (see figure 1);ii. planted closer to the nearest edge of the electric line shadow than
the expected maximum height at maturity of the vegetation (seefigure 5).
“landscaped areas” means the area of any site, comprising usable landscaped areas, privateopen space areas, and landscaped setbacks. For the purposes of this definition:(a) usable landscaped areas refers to those areas of a site capable of providing
communal recreation facilities eg. Pools, BBQs, playgrounds, or for substantial(i) landscaping and gardens, and which:(ii) have no horizontal dimension less than 2.5m; and(iii) is kept clear of all obstacles such as clothes hoists, driveways, parking
spaces and receptacles; and(b) private open space areas refers to those areas of a site which provide recreation
areas exclusively for a dwelling unit and do not include balconies or decks that arenot at ground level, and which for dual occupancy uses may include clothes dryingareas and bin storage; and
(c) landscaped setbacks refers to those areas of a site which provide landscaping in thebuilding setback, for the provision of on-site gardens or specifically for bufferingbetween land uses. These areas may include site facilities such as clothes lines, binenclosures, storage areas, mail boxes and the like.
“landscaped setbacks” – refer to the “landscaped areas” definition.
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“main road” means a State Controlled Road under the Transport Infrastructure Act 1994.
“material change of use” has the same meaning as in the IPA.
“minor building work” means building work:(a) to which the provisions of the Building Code of Australia do apply; and(b) which in a single construction results in an increase in gross floor area of an existing
premises by no more 30m2; and(c) which cumulatively in a number of constructions, over time, is not otherwise defined
in this Planning Scheme.
“minor residential street” means a minor road providing local residential access with sharedtraffic, pedestrian and recreation use, but with pedestrian priority or a road providing localresidential access with shared traffic, pedestrian and recreation use with local traffic priority.
“natural hazard management area” means for the purposes of interpreting the NaturalDisaster Overlays Code, areas that are defined for the management of a hazard (landslip,bushfire and or flood), but may not reflect the full extent of the area that may be affected bythe hazard. These areas are defined by the Natural Disaster Overlays – Bushfire Hazard asmapped on Map NDIS 1, Natural Disaster Overlays – Landslip Prone Land and the NaturalDisaster Overlays – Flood Hazard Overlay – Floodplain Assessment as mapped on MapsNDIS (2,3, and 4). The natural hazard management area for landslide, referred to as LandslipProne Land, is defined as all land with a slope of 15% or greater. The natural hazardmanagement area for flood is defined as the Interim Floodplain Assessment Overlay mapping
“noise sensitive uses” means those uses which fall within the definition of Noise SensitivePlaces under the Environmental Protection Act - EP (Noise)P 1997; which for the purpose ofthis Planning Scheme include:(a) a dwelling (comprising houses, duplexes, multiple dwellings, accommodation units,
relatives apartments, retirement villages, motels, aged care accommodation, hostels,etc.);
(b) a library, childcare centre, kindergarten, school, college, university or othereducational institution;
(c) a hospital, surgery or other medical institution;(d) a park or garden that is open to the public (whether or not on payment of money) for
use other than for sport or organised entertainment.
“operational work” has the same meaning as in the IPA.
“Operational work associated with management practices for the conduct of anagricultural use” means those ‘long term cyclical activities’ associated with the agriculturaluse. Long term cyclical activity refers to the on-going activities that are commonly undertakenon a regular bases, eg. daily or seasonal activities. Examples of such long term cyclicalactivities might include irrigation, ploughing, planting, spraying, harvesting, and maintainingexisting built infrastructure such as drains. The term does not include significant, one-offworks such as excavation and filling activities above thresholds identified in the planningscheme.
“overall outcomes”:are statements of desired outcomes that apply to the whole of a zone or overlay, andidentify the purpose of a code under s 3.5.13(2) of the IPA,require the exercise of discretion to assess whether proposed development isconsistent.
“overlay” means:(a) a secondary set of planning scheme provisions based on areas, places or sites
having special attributes that affect the outcomes sought, as the attributes may—(i) make those areas, places or sites sensitive to effects of development, or
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(ii) constrain development due to an environmental hazard or the value of aresource.
(b) do not cover the whole of a planning scheme area.(c) may be presented in the scheme as a layer.
“parks” premises for free outdoor public recreation and enjoyment, and possibly also for anyor all of the following:
a) provision of a visually pleasant landscape,b)maintenance of natural processes, and protection of environmentally sensitive areas
and/or culturally significant places, and/orc)educational opportunities associated with the recreation and/or conservation values
of the park or area.
The term includes such ancillary facilities for park users as sporting and playgroundequipment, shelters, car parking areas, educational facilities, barbecue and picnic facilities,seating, toilets, showers and lighting.
“person“ has the same meaning as in the IPA.
“principal road” means a road which carries through traffic but may also provide access tosome abutting properties.
“private open space”– refer to the “landscaped areas” definition.
“probable solutions” means:(a) precise criteria that provide a guide for achieving a specific outcome in whole or part,
but do not necessarily establish compliance with a code; and(b) precise criteria in a code for code assessment.
“rail corridor land” means existing rail corridor land or new rail corridor land.
“railway works” – means –a) works for constructing, maintaining, altering or operating a railway or rolling stock, orb) other works declared under a regulation to be railway works.
“reconfiguring a lot“ has the same meaning as in the IPA.
“residential accommodation development” means Multiple dwellings, Retirement villagesand Dual occupancy uses collectively.
“residential street” means a road providing access to abutting residential properties andcarrying local through traffic.
“riparian corridor” means that part of the landscape adjacent to streams, that exerts a directinfluence on the stream or lake margins, and on the water and aquatic ecosystems containedwithin them. Riparian zones include the stream bank and a variable sized belt of landalongside the banks.
“risk” means for the purposes of interpreting the Natural Disaster Areas Overlays, a conceptused to describe the likelihood of harmful consequences arising from the interaction ofhazards, community and the environment.
“road” means as defined in the Transport Infrastructure Act 1994.
“rural road” means a road which has the primary function of providing access to rural and/orrural residential properties.
“schedules”:
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provide details that support the assessment categories or assessment criteria, orprovide other information for their interpretation, such as the meaning of defined usesor other terms used in the scheme.a planning scheme policy may also have supporting schedules.
“scheme measures” means all provisions of a planning scheme and associated planningscheme provisions, including assessment provisions, introductory provisions and otherprovisions not used for development assessment.
“secondary road frontage” means any road frontage to any lot or lots in addition to a roadfrontage used for primary vehicular access (eg. a corner lot has a road frontage and asecondary road frontage) and in no circumstance constitutes a State controlled road.
“self contained” means for a single dwelling unit, that it contains kitchen, ablution andlaundry facilities for the exclusive use of the household.
“sign maintenance” means any maintenance carried out on an advertising device thatexisted and was being displayed on the commencement day of this planning scheme and stillremains in the same location it did on the commencement day. Maintenance includes:(a) fixing or repairing an advertising device that has been damaged; in situ or taking the
advertising device away for a period of no more than 30 days for fixing or repairbefore it is redisplayed;
(b) changing the content of any advertising device; and(c) reducing the advertising device face area.
“site area” means that part of a lot or lots which is proposed to be used, is currently used, oris the subject of a development application.
“site cover” means the proportion of a site covered by a building, fixed structure, or outdoorstorage area, excluding the area under eaves.
“small lots” refers to any lot which has an area less than the specified minimum lot size inthe relevant Zone.
“specific outcomes” means:(a) statements of desired outcomes that contribute to the achievement of overall
outcomes and may relate to the use of land, the provision of infrastructure, orspecified effects of use or development on aspects of the environment.
(b) require the exercise of discretion to assess whether proposed development complieswith a code.
“state assessment requirements” means the various assessment categories, assessmentcriteria, information and referral requirements established by the State under the IPA andother related Acts, regulations and IDAS codes.
“steep slopes“ means the purposes of interpreting the Natural Disaster Areas Overlays, landwhich has a slope of 15% or greater, as determined by a slope analysis.
“stock route” means land used for purposes set out in the Stock Act 1915, and includesusing land for the moving, feeding, watering and holding of stock. These routes are mappedfor the purposes of the planning scheme on Planning Scheme Map 1.
“sub-area” means an identified area within a zone with special attributes to which certainzone provisions apply. These are referred to as Precincts, in the Town Zone, or as Areas inother Zones.
“supporting documents” means documents that are separate from the planning scheme thatassist in its interpretation and use, including explanatory notes and user’s guides.
“temporary advertising device” means any advertising device:
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(a) that does not require approval under the Building Code of Australia, and(b) displayed at a general location for a maximum period of 14 days (for part or the whole
of the day), consecutively or not, within a 3 month period.
“temporary uses” means any use of land:(a) that occurs as a once only occasion; or(b) that occurs on an infrequent and irregular basis; or(c) that occur no more than twice in a 12 month period; or(d) that has a duration of less than 1 week.Examples of temporary uses, despite the criteria above, are circuses, weekend festivals,school fetes, bullaramas, display homes (non habitable) and campdrafts. These uses do notfall within any of the defined Use Classes, and are exempt development.
“total use area“ means total area in square metres used for a purpose and includes allstoreys of buildings, display areas, storage, outdoor dining areas, and entrances, butexcludes car parking areas, access driveways, and landscaped areas.
“usable landscaped areas“ – refer to the “landscaped areas” definition.
“use“ in relation to a use class, means a use for a single purpose that is part of that use class,such as “Animal husbandry” in a “Rural Uses” use class.
“use class“ means a group of uses having different purposes but broad characteristics incommon, such as a “Rural Uses” use class that includes uses for Agriculture, Animalhusbandry, Intensive animal husbandry and the like.
“user’s guides” means explanations of the development assessment system and how to usea planning scheme intended primarily for non-technical users of the scheme.
“vegetated buffer” means a setback provided between a natural feature and the site area ofa development, where existing vegetation is retained. The buffer excludes all buildings andstructures, access driveways, car parking, effluent disposal areas and necessary excavationand filling.
“watercourse” means a river, creek or stream in which water flows permanently orintermittently and includes the bed and banks and any other element of a river, creek orstream confining or containing water.
”weeds” mean those plant species recognised as pests, in the current Emerald Shire CouncilPest Management Plan as amended.
“works” collectively refers to minor building work, building work, operational works – fillingand excavating, work-roads, work-car parking and access, work – water and sewer, work –stormwater drainage, work – electricity, work – footpaths and cycleways, work- park provision,work- street trees, work – landscaping, clearing of vegetation on freehold land, placing anadvertising device, reconfiguring a lot, and operational works associated with reconfiguring alot.
“zone“ means:the primary layer for organising the provisions of the planning scheme based on landuse allocations.all parts of the planning scheme area are included in one zone only.a zone may incorporate distinct sub-areas; referred to as either Precincts or Areas.any provisions applicable to those sub-areas are integrated with the zone provisions.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 42
Division 2—Explanatory Notes
2.2.1 Explanatory Notes Assist Interpretation of Planning SchemeThe Emerald Shire Planning Scheme Explanatory Notes are declared to be extrinsic materialunder the Statutory Instruments Act 1992, section 15, which assist interpretation of provisionsof this planning scheme.
The following definitions are provided to assist in interpretation of Part 7 – PriorityInfrastructure Plan:
“Additional TrunkInfrastructureCosts”
means—(a) the costs of supplying infrastructure to development that is:(i) inconsistent with the assumptions about the type, scale, location ortiming of future developmentstated in the PIP, or ,(ii) is located wholly or partially outside the PIA, and(b) would impose additional trunk infrastructure costs on theinfrastructure provider after taking intoaccount:(i) adopted infrastructure charges levied on the development, and
(ii)trunk infrastructure supplied or to be supplied by the applicant inrespect of the development.
“Desired StandardofService”
for a network of development infrastructure, means the standard ofperformance stated in the priority infrastructure plan.
“DevelopmentInfrastructure”
means—(a) land or works, or both land and works for—(i) urban and rural residential water cycle management infrastructure(including infrastructure for water supply, sewerage, collecting water,treating water, stream managing, disposing of waters and floodmitigation); or(ii) transport infrastructure (including roads, vehicle lay-bys, trafficcontrol devices, dedicated public transport corridors, public parkingfacilities predominantly serving a local area, cycle ways, pathways, ferryterminals and the local function, but not any other function, of State-controlled roads); or(iii) public parks infrastructure supplied by a local government (includingplayground equipment, playing fields, courts and picnic facilities); or(b) land, and works that ensure the land is suitable for development, forlocal community facilities, including, for example—(i) community halls or centres; or(ii) public recreation centres; or(iii) public libraries.
EstablishmentCost”
“for infrastructure means—(a) for future infrastructure—all costs for the design, financing and
construction of the infrastructure and for land acquisition for theinfrastructure; and(b) for existing infrastructure—(i) the residual financing cost of the existing infrastructure; and(ii) the cost of reconstructing the same works using contemporarymaterials, techniques and technologies; and(iii) if the land acquisition for the infrastructure was completed after 1January 1990—the value of the land at the time it was acquired,adjusted for inflation.
“Infrastructure” means land, facilities services and works used for supporting economicactivity and meeting environmental needs.
“InfrastructureAgreement”
means an agreement about payment for, or the supply of, infrastructure.
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“Non-trunkInfrastructure”
means development infrastructure that is not trunk infrastructure.
“PlanningAssumptions”
means the assumptions about the type, scale, location and timing offuture urban growth which have informed preparation of the PIP.
“Plans for TrunkInfrastructure”
means the part of a priority infrastructure plan that identifies the trunkinfrastructure network that exists or may be supplied to service futuregrowth in the local government’s area to meet the desired standard ofservice stated in the plan.
“PriorityInfrastructureArea”
for a local government—1 Priority infrastructure area means the area—(a) that is used, or approved for use, for any or all of the following—(i) residential purposes, other than rural residential purposes;(ii) retail and commercial purposes;(iii) industrial purposes;(iv) community and government purposes related to a purposementioned in subparagraphs (i) to (iii); and(b) that will accommodate at least 10 years, but not more than 15 years,of growth for the purposes mentioned in paragraph (a).2 Priority infrastructure area includes an area not mentioned in item 1that—(a) the local government decides to include in the area; and(b) is serviced by development infrastructure.
“PriorityInfrastructurePlan”
means the part of a planning scheme that—(a) identifies the priority infrastructure area; and(b) includes the plans for trunk infrastructure the local governmentintends to supply; and(c) identifies, if required by a supplier of State infrastructure with arelevant jurisdiction—(i) a statement of intent for State-controlled roads; or(ii) the roads implementation program under the Transport InfrastructureAct 1994, section 11; and(d) states the assumptions about the type, scale, location and timing offuture growth on which the plan is based; and(e) states the desired standard of service for each developmentinfrastructure network identified in the plan.
“StateInfrastructurePlans”
means the plans for the supply of State infrastructure in a localgovernment area prepared by the supplier of the State infrastructure.
“TrunkInfrastructure”
means development infrastructure identified in a priority infrastructureplan as trunk infrastructure.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 44
PART 3—FOUNDATION OF THE PLANNING SCHEME
Division 1—Desired Environmental Outcomes
3.1.1 Desired Environmental Outcomes(1) The desired environmental outcomes are based on the achievement of ecological
sustainability as outlined by the IPA and are the basis for the measures of theplanning scheme.
(2) Each desired environmental outcome is sought to be achieved to the extentpracticable having regard to each of the other desired environmental outcomes,noting that in many instances there is an overlap between each of the social,environmental and economic elements.
(3) The desired environmental outcomes are written from the perspective of reporting onEmerald Shire in 2014. This is the 8 year planning horizon adopted in the planningscheme.
(4) The desired environmental outcomes for Emerald Shire are as follows:
Social elements
(a) The Shire’s residential communities are preserved in character, well serviced,enjoy high levels of safety and amenity, able to accommodate growth andoffer a range of housing options to meet the diverse needs of all members ofthe Shire and Central Highlands.
(b) The town of Emerald is the main business and economic centre, providinghigher order services and a range of community and civic functions. It is themain centre of the Central Highlands, Queensland.
(c) Communities of Comet, Anakie, Rubyvale, Sapphire and the Willows havefacilities and services that meet local needs and where appropriate alsoprovide some higher order services and functions, including tourism,important to the Shire.
(d) The unique character of the Gemfields settlements and surroundingfossicking areas is retained.
(e) The park and recreation opportunities for residents and visitors of the Shirehave been enhanced and expanded.
(f) Rural residential areas are located and consolidated to provide suitablyserviced, alternative rural living options that are close to Emerald andGemfields settlements.
(g) The risks to persons and property due to bushfire and landslip are minimised.
Environmental elements
(h) The Shire’s water resources, including aquifers, watercourses, springs andfloodplains and particularly the Nogoa River system are managed sustainablyand development is appropriately conditioned to ensure water quality ismaintained and enhanced wherever possible and is protected for itsimportance for watercourse integrity.
(i) The sites of existing and planned water resource infrastructure such as theproposed Fairbairn Dam and Emerald Irrigation Area, are not compromisedby potential detrimental impacts of adjacent development and development inupstream catchment areas.
(j) The recognised values and integrity of significant natural features,conservation areas and open space networks eg. National Parks, areprotected.
(k) Vegetation that supports important flora and fauna habitats, provideswatercourse buffering or has associated scenic values, is protected fromclearing and the spread of pest plants and animals.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 45
(l) Development is located and managed where ever possible to ensure the longterm protection and conservation of the significant cultural heritage values ofthe Shire.
(m) Public health and the environment are protected from environmental harmfrom waste and contaminated land. Efficient resource use and wasteminimisation and management are promoted while allowing for ecologicallysustainable development.
(n) Air quality is maintained or enhanced while allowing for ecologicallysustainable development.
(o) The quality of the acoustic environment is maintained or enhanced whileallowing for ecologically sustainable development.
(p) The spread or increase of weeds and pest animals is prevented through theappropriate conditioning of development to protect natural resources fromdegradation consistent with the objectives of the Shire’s Pest ManagementPlan.
Economic Elements
(q) The long term viability of agricultural industries on both irrigated and rain fedcountry and significant animal industries within the Shire is enhanced throughmeasures to protect productive agricultural land from excessivefragmentation and encroachment of incompatible uses.
(r) Natural resources and areas of economic value, such as Good QualityAgricultural Land, extractive materials, the Gemfields and mineral resourcesand native forests are protected and utilised sustainably.
(s) Industrial development opportunities are available, including industrial landopportunities in the town of Emerald, and are planned such as to balanceeconomic values against the values of the natural environment, transportnetwork and residential amenity.
(t) The safety and efficiency of infrastructure, including telecommunication, gas,electricity and transport networks, is maintained and future extensions arewell planned to meet the future development needs of the Shire.
(u) Water, sewer and stormwater infrastructure is planned and provided in a costeffective and timely manner to meet the needs of the Shire.
(v) Development occurs within Council’s Priority Infrastructure Area6 to enableefficient provision and sequencing of new and future infrastructure.
(w) New development will contribute towards the provision of infrastructure as setout in Council’s Priority Infrastructure Plan (Part 7)
(x) Existing and future waste disposal facilities which are adequate for theShire’s needs, are maintained and protected from the encroachment ofinappropriate land uses.
6 THE PRIORITY INFRASTRUCTURE AREA includes adequate land to accommodate the projected growthin the Shire to 2021 while also achieving an efficient use of urban services. Infrastructure within the PriorityInfrastructure Area can be efficiently provided in accordance with the Plans for Trunk Infrastructure definedin Part 7 – Priority Infrastructure Plan. Infrastructure provision outside of the PIA may have been planned butwill not be supported in the 15 year Capital Work Program. Urban development in areas partly or completelyoutside of Council’s Priority Infrastructure Area may need to meet the full cost of infrastructure provision, asoutlined in Part 7 – Priority Infrastructure Plan.
PART 4 ZONES Rural Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 46
PART 4—ZONES
Division 1—Rural Zone
About the Rural ZoneThe Rural Zone, as mapped on Zoning Maps (notably Map 1) contains those areas ofthe Shire predominantly used for agriculture and animal husbandry uses, and otherrural uses.The Rural Zone contains a sub area, the Rural Living Area. Spatially this Area is arelatively minor part of the Rural Zone and is to be predominately used for ruralresidential development on lots over 8ha. Development is not to lead to anyincompatibility issues with surrounding rural businesses.The Rural Zone Code regulates new uses and works in relation to their impacts onthe natural values of the environment, separation distances between incompatibleland uses, their scale and location.
4.1.1 Assessment tables for the Rural Zone(1) Assessment categories for the Rural Zone
The assessment categories7 are identified for development in the Rural Zone inColumn 2 of Tables 4.1.1(1) and 4.1.1(2) as follows—(a) Table 4.1.1(1)—making a material change of use8 for a defined use, or another
use in a defined use class, listed in Column 1; or(b) Table 4.1.1(2)—other development9 listed in Column 1, including—
(i) carrying out building work ;(ii) operational work, including but not limited to, filling and excavating, and
the placing of advertising devices;(iii) reconfiguring a lot; and(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Rural ZoneThe relevant assessment criteria in the Rural Zone are referred to in Column 3 ofTables 4.1.1(1) and 4.1.1(2).
For self-assessable development and development requiring code assessment, therelevant assessment criteria are applicable codes.
7 Information about assessment categories is provided in the Emerald Shire Planning Scheme Explanatory Notes8 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
9 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
PART 4 ZONES Rural Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 47
TABLE 4.1.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THERURAL ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass10 and 11
Column 2
Assessment category –(where Self assessable
development does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria12—are the applicable
codes for self assessable andcode assessable
development
Rural Use ClassFossicking Exempt N/A
Agriculture Self assessable Rural Zone Code;Development Standards Code; andAgricultural Use Code
Animal husbandry Exempt where conducted on aStock Route.
Self assessable if not conducted ona Stock Route.
Rural Zone Code; andDevelopment Standards Code; andAnimals Code
Roadside stall Self assessable where use areadoes not exceed 50m2
Rural Zone Code; andDevelopment Standards Code
Code assessable where thecircumstances for self assessabledo not apply
Rural Zone Code; andDevelopment Standards Code
All other uses in theRural Use Class
Impact assessable
Residential Use ClassHome hostaccommodation
Code assessable (in the RuralBalance Area)
Rural Zone Code; andDevelopment Standards Code ;Home Host Accommodation Code;andHouse Code
Impact Assessable in the RuralLiving Area
House Self assessable Rural Zone Code; andDevelopment Standards Code; andHouse Code
Rural Dwelling Code assessable Rural Zone Code; and
Development Standards Code ;and
House Code
Impact Assessable in the RuralLiving Area
All other uses in theResidential Use Class
Impact assessable
10 See Part 2, Division 1, Schedule A for Defined Uses and Classes11 Department of Main Roads should be contacted to consent to the access arrangements for any new use with
frontage to a State Controlled Road.12 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
PART 4 ZONES Rural Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 48
TABLE 4.1.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THERURAL ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass10 and 11
Column 2
Assessment category –(where Self assessable
development does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria12—are the applicable
codes for self assessable andcode assessable
development
Commercial Use ClassOff street car park;Plant nursery ;Outdoor entertainment
Code assessable Rural Zone Code; andDevelopment Standards Code; andCommercial Development Code.
Impact Assessable in the RuralLiving Area
Caravan Park;Food premises;Shop.
Code assessable where locatedwithin 500 metres of the existingtourist facilities at Lake Maraboon.
Rural Zone Code; Caravan Parkand Workers’ accommodationCode and Development StandardsCode; and CommercialDevelopment Code.
Impact assessable in otherlocations to those specified forCode assessable, including theRural Living Area
All other uses in theCommercial Use Class
Impact assessable
Industrial Use ClassLow impact industry Code assessable if :
1. For the purposes of ananimal carcass store; and
2. Located more than 1000mfrom land in the Town –Residential Precinct, orTown – Rural ResidentialPrecinct.
Rural Zone Code; andDevelopment Standards Code
Impact assessable if thecircumstances for Codeassessable do not apply, includingthe Rural Living Area
All other uses in theIndustrial Use Class
Impact assessable
Community Use ClassOpen space Exempt N/A
Public facility –operational
Exempt N/A
All other uses in theCommunity Use Class
Impact assessable
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 49
TABLE 4.1.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THERURAL ZONE – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria13—
are the applicable codes forself assessable and codeassessable development
Operational workFilling and excavating Exempt where less than 1m depth
and less than 50m3N/A
Self assessable where thecircumstances for Exemptdevelopment are exceeded.
Rural Zone Code;Development Design Code
Placing an advertisingdevice on premises
Self assessable where the top ofthe advertising device is not greaterthen 3m above ground level andthe sign relates to activitiesconducted on the premises andwhere there is a maximum of twodevices per lot.
Rural Zone Code;Development Design Code
Code assessable where thecircumstances for self assessmentdo not apply and where impactassessment is not required.
Rural Zone Code;Development Design Code
Impact assessable (bill board signsonly where the subject matter ofthe sign face is not directlyassociated with the subject land)where circumstances for Self andCode assessable do not apply
Work – Roads Code assessable Rural Zone Code;Development Design Code
Work – Car Parking andAccess
Code assessable Rural Zone Code;Development Design Code
Work – Water andSewer
Code assessable Rural Zone Code;Development Design Code
Work – StormwaterDrainage
Code assessable Rural Zone Code;Development Design Code
Work – Electricity andTelecommunicationServices
Code assessable Rural Zone Code;Development Design Code
13 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
13 Despite any assessment against this Planning Scheme, other approvals may need to be obtained from theDepartment of Natural Resources and Water in accordance with the Vegetation Management Act 1999 asamended.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 50
TABLE 4.1.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THERURAL ZONE – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria13—
are the applicable codes forself assessable and codeassessable development
Work – Footpaths andCycleways
Code assessable Rural Zone Code;Development Design Code
Work – Park provision Code assessable Rural Zone Code;Development Design Code
Work – Street lightingand Street signs
Code assessable Rural Zone Code;Development Design Code
Work – Street trees Self assessable Rural Zone Code;Development Design Code
Work – Landscaping Self assessable Rural Zone Code;Development Design Code
Other Operational workassociated with a Codeor Impact assessableMaterial Change of Use(not includingoperational workassociated withreconfiguring a lot)
Code assessable Rural Zone Code;Development Design Code
Reconfiguring a lot14
14 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 51
TABLE 4.1.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THERURAL ZONE – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria13—
are the applicable codes forself assessable and codeassessable development
All circumstances Code assessable:
1. Creating a lot(s) bysubdividing another lot (s)completely within the PIAand where the size of anyadditional lots created is:
a. not more than5% below,
b. equal to, or
c. greater than,
the relevant specifiedminimum lot sizes inthe Reconfiguring aLot Code; OR
2. where no additional lotsare created and theproposal is for therearrangement of existinglot boundaries.
Rural Zone Code;Reconfiguring a Lot Code;Development Standards Code; andHouse Code.
Impact assessable wherecircumstances for Code assessabledo not apply
Carrying out operational work for reconfiguring a lotAll circumstances Code assessable Rural Zone Code;
Reconfiguring a Lot Code;Development Design Code.
OtherOther Operational work(not includingoperational workassociated withreconfiguring a lot).
Code assessable where associatedwith an assessable MaterialChange of Use.
Rural Zone Code; andDevelopment Design Code
Exempt if the circumstances forCode assessable do not apply
N/A
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 52
4.1.2 Assessment criteria for the Rural Zone(1) Rural Zone Code
The provisions in this division comprise the Rural Zone Code. They are—1. The Purpose of the Rural Zone Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Rural Zone – Table 4.1.2. Rural Zone.
(2) The Purpose of the Rural Zone CodeThe purpose of the Rural Zone Code is to achieve the following overall outcomes,specific to identified Areas, and in the Rural Zone generally:
1. The overall outcomes sought for all Rural Zoned land are:(a) Agriculture and animal husbandry uses, are the dominant land uses
within the Zone;(b) Land is not provided with urban standard services;(c) Rural character, including rural and agricultural landscapes, is protected;(d) Overall water quality is maintained and enhanced where possible by the
protection of natural features such as watercourses, soil landscapes andvegetation and the spread or increase of weeds and pest animals isprevented;
(e) Intensive agriculture and intensive animal husbandry uses locate in theZone, provided that it is demonstrated through the application processthat both on-site and off-site impacts of the development are managed soas not to pose a risk to the natural environment;
(f) Those Rural Uses which have significant air emissions, noise or otherimpacts are located away from towns to protect the amenity of thosetowns;
(g) Extractive industry and mining activities continue to establish and operatein the Zone, in accordance with the applicable Codes of the PlanningScheme;
(h) Some non-rural uses such as recreational based uses, home basedbusinesses, home host accommodation, educational or tourism relateduses of a low intensity and scale, occur within the Zone where theSpecific Outcomes are met;
(i) Recreational activities and tourist related land uses associated with, orare necessarily located near Lake Maraboon, and serve the recreationalneeds of the Shire and Region;
(j) Recreational activities and tourist related land uses occur withoutsignificant detrimental impacts on water quality in Lake Maraboon orother natural features of the Lake and Dam; and
(k) Appropriate levels of service in terms of road access, water supply,sewerage treatment and waste disposal exist for new recreationalactivities and tourist related land uses near Lake Maraboon, or areupgraded, to accommodate new land uses; ensuring that potentialnegative impacts on natural features are minimised.
2. The overall outcomes sought for the Rural Living Area are:(a) Land is predominantly used for houses and associated structures on
small hobby farm sized lots with minimal urban services;(b) Land in this Area has been determined as being not practically available
and useful for viable commercial agricultural or animal husbandrypurposes;
(c) Land is efficiently connected to the Shire’s road network;(d) Land is not provided with reticulated water and sewerage services;(e) Overall water quality is maintained and enhanced where possible by the
protection of natural features such as watercourses, soil landscapes andvegetation and the spread or increase of weeds and pest animals isprevented;
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 53
(f) Development in this Area is not to adversely impact on neighbouringlawful agricultural and animal husbandry activities.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 54
TABLE 4.1.2 RURAL ZONE
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicablecodes, it requires Code assessment. Referto Section 1.2.9).
All Uses and WorksEnvironmental ConsiderationsS1Land uses and works are located anddesigned so as not to have significantnegative impacts on natural values of theenvironment including:
1. Natural fauna and flora habitats;2. Water quality, watercourse
integrity and, ground waterresources,
3. Soil and land resources.
P/A1.1All uses and works are setback a minimumof 50m from any watercourse, as measuredto the top of bank.
P1.2Despite the provisions of P/A1.1 above, thesetbacks for development, in particular theclearing of any vegetation, to ripariancorridors are:
1. 50m widths along each side ofwaterways of stream order 1 and2,
2. 100m widths along each side ofcreeks of stream orders 3 &4, and
3. 200m widths along each side ofrivers (stream orders 5 & 6).15
P/A1.3Where the site and any newly created lotsare not connected to the reticulatedsewerage system, on-site disposal methodsmeet:
1. The Department of NaturalResources and Water On-siteSewerage Code (July 2002) orany subsequent update of thatCode; and
2. AS/NZS 1547:2000 On-siteDomestic WastewaterManagement.
P/A1.4Land is kept free of declared weeds andnoxious plant infestations, as detailed in theEmerald Shire Council Pest ManagementPlan as amended.
15 Clearing of any mapped remnant vegetation (as defined in Schedule 8 of the Integrated Planning Act 1997 andSchedule 2 of the Integrated Planning Regulations 1998) will require application to Natural Resources and Water(onIDAS Form 1 Part J)..
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 55
AmenityS2Land uses and works are integrated withthe landform and landscape of the site andsurrounding area.
P/A2.1No solutions specified
S3Land uses and works have no significantimpact on the amenity of adjoining premisesor surrounding area:
1. By their design, orientation orconstruction materials;
2. Due to the operation of machineryor electrical equipment; or
3. Due to the emission of light, noise,vibration, odour, fumes, smoke,vapour, steam, soot, ash, grit, oil,dust, waste water, waste products,or electrical interference.
P3.1No solutions specified
S4Land uses are located such that thepotential impacts of noise from major roadsand rail lines is reduced, and specifically:
1. Noise sensitive uses adjacent toState controlled road must seek toachieve appropriate acousticamenity; and
2. Noise sensitive development within100 metres of the railway corridoris sited and designed to reducethe impact of rail noise.
P/A4.1For noise sensitive uses16:
1. Residential (temporary or permanent)habitable floors meet the followingstandards:
a) 60dB(A) L10 (18 hour) or less,where existing levels measuredat the deemed to comply dwellingsetback are greater than 40dB(A)L90 (8 hour) between 10 pm and6 am; or
b) 57dB(A) L10 (18 hour) or less,where existing levels measuredat the deemed to comply dwellingsetback distance are less than orequal to 40dB(A) L90 (8 hour)between 10:00p.m. and 6:00a.m.;or
c) Where the above criteria cannotbe met, internal maximum designcriterion levels specified in Table1 As2107-1987
2. Balconies and formal external openspace meet the following standards:
a) 60dB(A) L10 (18 hour) or less,where existing levels measuredat the deemed to comply dwellingsetback distance are greater than45dB(A) L90 (18 hour); or
b) 57dB(A) L10 (18 hour) or less,where existing levels measuredat the deemed to comply dwellingsetback distance are less than orequal to 45dB(A) L90 (18 hour)
3. Educational and community health ,parks, outdoor educational andrecreational and open space meetthe following standards:
a) 63dB(A) L10 (12 hour) or less,
16 See Administrative Definition of “Noise sensitive uses” contained in Section 2.1.1 Schedule B
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 56
taking into consideration the fullcircumstances surrounding theprovision and future use of thepark or recreational area.
“Formal external open space” is the privateor communal recreational area ofdevelopment required by this planningscheme
P/A4.21. Bedroom and living areas inresidential uses and noise sensitiveareas in non-residential uses are sitedand designed to reduce the impact ofrail noise by:
a) Siting noise affected areas as faraway as practical from the railwaycorridor noise source; or
b) Using roof and wall insulation,mechanical ventilation, thickenedglass, double glazing of windowsand doors; or
c) Orienting openings (for example,windows and doors) away from therail corridor noise source; or
d) Incorporating noise attenuationbarriers such as earth mounds,landscaping and fences or wallswithout gaps between the noisesource and the use.
Separation DistancesS5Land uses and works are located, andinclude mitigation measures that:
1. Are sufficient to protect theamenity of the area;
2. Are sufficient to protect thecapacity for existing and approveduses to continue to operate; and
3. Are sufficient to protect theopportunities for existing andapproved uses to expand inappropriately allocated /zonedland; and
4. For agricultural uses, are outlinedin Planning Guidelines: SeparatingAgricultural and Residential LandUses DNR and DLGP, 1997;and
5. For the keeping of cattle, areoutlined in Section 4 of the DPIReference Manual for theEstablishment and Operation ofBeef Cattle Feedlots inQueensland, 2000; and
6. For the keeping of poultry, areoutlined in the Guidelines forPoultry Farming in Queensland;
7. For the keeping of pigs, areoutlined in the Separation
P/A5.1Uses in the Residential Use Class, exceptfor houses, home host accommodation andhome based businesses on lots with anarea of 5ha or less, have separationdistances between uses in the ResidentialUse Class and other uses, applicable toboth existing and approved uses, inaccordance with Part 4 Division 1: (RuralZone) Schedule A – Separation DistancesBetween Uses in the Residential Use Classand Other Uses.
P/A5.2Development is not located on a StockRoute as shown on Planning Scheme Map1 contained in Appendix 3.
PART 4 ZONES Rural Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 57
Guidelines for QueenslandPiggeries (2001); and
8. For development in proximity towatercourses and waterbodies,are outlined in the SEQWATERDevelopment AssessmentGuidelines, prepared as acollaboration of State GovernmentDepartments;
9. Ensure the integrity of the StockRoutes as shown on PlanningScheme Map 1; and
10. Take into account the followingvariables:(a) The nature of the proposed
land use; and(b) The existing and future
amenity of the area; and(c) The existing and future
development in the area; and(d) The location of any existing
vegetation which would bufferthe proposed use; and
(e) predominant wind directions;and
(f) The topography of the site.Building SetbacksS6Building setbacks reflect the character ofexisting development and land uses, andare provided having regard for the following:
1. The existing and proposedamenity of the area;
2. The existing or proposed futuredevelopment in the area;
3. The distance between anyconstructed road and theproposed building;
4. The distance between any existingbuildings on other sites and theproposed building;
5. The location of any existingvegetation which would buffer theproposed building; and
6. Any constraints to developmentdue to the topography of the site.
P/A6.1Buildings and other structures haveboundary setbacks as follows:
1. On lots 1ha or less – 10m roadfrontage setback and 3m sideboundary setback;
2. On lots more than 1ha – 10m roadfrontage setback and 10m to otherboundaries.
Building HeightS7Building height reflects the character ofexisting development and land uses, andbuildings are provided having regard for thefollowing:
1. The existing and proposedamenity of the area;
2. The existing or proposed futuredevelopment in the area;
3. The particular characteristics ofthe proposed building;
4. The distance of proposedbuildings from roads and other
P/A7.1Buildings and other structures havemaximum building heights as follows:
1. On lots 1ha or less or in the RuralLiving Area – 10m;
2. On lots more than 1 ha – 15m.
PART 4 ZONES Rural Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 58
public places from which thebuilding could be viewed;
5. The topography, shape andlocation of the site; and
6. The location of any existingvegetation which would buffer theproposed building.
PART 4 ZONES Rural Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 59
Division 1: Schedule A – Separation Distances between Uses in theResidential Use Class and Other Uses.
Notes:1. Separation distances apply between uses, whether they are on adjoining land or not.2. Separation distances apply to the siting of uses in the Residential Use Class only.
The uses listed under Use/Use Class may have different setback requirementshaving regard to the Specific Outcomes that relate to Separation Distances in theZone Code.
3. If the separation distance specified cannot be provided and therefore the probablesolutions/acceptable solutions:
P/A5.1 of the Rural Zone;P/A4.1 of the Open Space Zone;P/A3.1 of the Town Zone;P/A3.1 of the Village Zone;P/A3.1 of the Gemfields Zone;P/A4.1 of the Special Industrial Zone; and
are not met; the development then becomes Code Assessable in accordance withSection 1.2.9 of the Planning Scheme.
Use / Use Class Separation DistanceAgriculture or Intensive Agriculture (excludingforestry)
1. Chemical Spray drift2. Odour3. Noise (for agriculture excluding
forestry)4. Noise (for intensive agriculture
excluding forestry)
200m500m60m
1000m
Animal Husbandry1. Cattle dips and yards2. Dairy bails and yards3. Stock Saleyards
200m200m500m
Intensive Animal Husbandry 500mMotor sport facilities 1000mHigh impact industries 500m
4. In respect to Intensive Cattle Feedlots over 500 standard cattle units separationdistances, Emerald Shire Council prefers such developments to be 10 kilometresfrom the Town, Village and Gemfileds Zones.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 60
Division 2—Open Space Zone
About the Open Space ZoneThe Open Space Zone, as mapped on Zoning Maps (notably Map 1), contains those
areas of the Shire predominantly used for, or conserved for State Forests,National Parks, and Timber reserves.
The Open Space Code regulates new uses and works in relation to their impacts onthe natural values of the environment, separation distances betweenincompatible land uses, their scale and location.
4.2.1 Assessment tables for the Open Space Zone(1) Assessment categories for the Open Space Zone
The assessment categories17 are identified for development in the Open Space Zonein Column 2 of Tables 4.2.1(1) and 4.2.1(2) as follows—1. Table 4.2.1(1)—making a material change of use 18 for a defined use, or
another use in a defined use class, listed in Column 1; or2. Table 4.2.1(2)—other development19 listed in Column 1, including—
(a) carrying out building work;(b) operational work, including but not limited to, filling and excavating, and
the placing of advertising devices;(c) reconfiguring a lot; and(d) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Open Space ZoneThe relevant assessment criteria in the Open Space Zone are referred to in Column 3of Tables 4.2.1(1) and 4.2.1(2).
For self-assessable development and development requiring code assessment, therelevant assessment criteria are applicable codes.
17Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide
18 Works associated with an application for a material change of use may be assessed together with the materialchange of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
19 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 61
TABLE 4.2.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEOPEN SPACE ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass20
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria21—
are the applicable codes forself assessable and codeassessable development
Rural Use ClassAnimal husbandry Exempt where conducted on a
Stock Route.N/A
Self assessable where:1. Not conducted on a
Stock Route; or2. For the purposes of
keeping of bees orgrazing; and located ina State Forest orTimber Reserve.
Open Space Zone Code ;Development Standards Code;andAnimals Code
Impact assessable if thecircumstances for Exempt orSelf assessable do not apply
All other uses in the RuralUse Class
Impact assessable
Residential Use ClassCaretaker’s residence Code assessable Open Space Zone Code;
Development Standards Code
All other uses in theResidential Use Class
Impact assessable
Commercial Use ClassOutdoor entertainment Code assessable Open Space Zone Code ; and
Development Standards Code
All other uses in theCommercial Use Class
Impact assessable
Industrial Use ClassAll uses in the Industrial UseClass
Impact assessable
Community Use ClassOpen space Exempt N/A
Public facility – operational Exempt N/A
20 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes21 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 62
TABLE 4.2.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEOPEN SPACE ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass20
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria21—
are the applicable codes forself assessable and codeassessable development
All other uses in theCommunity Use Class
Impact assessable
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 63
TABLE 4.2.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEOPEN SPACE ZONE – OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria22—
are the applicable codes forself assessable and codeassessable development
Operational work
Filling and excavating Exempt where less than 1mdepth and less than 50m3
N/A
Self assessable where thecircumstances for Exemptdevelopment are exceeded.
Open Space Zone Code;Development Design Code
Placing an advertisingdevice on premises
Self assessable where the top ofthe advertising device is notgreater then 3m above groundlevel and the sign relates toactivities conducted on thepremises and where there is amaximum of two devices per lot.
Open Space Zone Code;Development Design Code
Code assessable where thecircumstances for selfassessment do not apply andwhere impact assessment is notrequired.
Open Space Zone Code;Development Design Code
Impact assessable (bill boardsigns only where the subjectmatter of the sign face is notdirectly associated with thesubject land) wherecircumstances for Self and Codeassessable do not apply
Work – Roads Code assessable Open Space Zone Code;Development Design Code
Work – Car Parking andAccess
Code assessable Open Space Zone Code;Development Design Code
Work – Water and Sewer Code assessable Open Space Zone Code;Development Design Code
Work – StormwaterDrainage
Code assessable Open Space Zone Code;Development Design Code
Work – Electricity andTelecommunicationServices
Code assessable Open Space Zone Code;Development Design Code
22 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 64
TABLE 4.2.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEOPEN SPACE ZONE – OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria22—
are the applicable codes forself assessable and codeassessable development
Work – Footpaths andCycleways
Code assessable Open Space Zone Code;Development Design Code
Work – Park provision Code assessable Open Space Zone Code;Development Design Code
Work – Street lighting andStreet signs
Code assessable Open Space Zone Code;Development Design Code
Work – Street trees Self assessable Open Space Zone Code;Development Design Code
Work – Landscaping Self assessable Open Space Zone Code;Development Design Code
Reconfiguring a lot23
All circumstances Code assessable:
1. where the size of anyadditional lots createdis:
(a) not more than 5%below,
(b) equal to, or
(c) greater than,
the relevant specifiedminimum lot sizes inthe Reconfiguring aLot Code; OR
2. where no additionallots are created andthe proposal is for therearrangement ofexisting lot boundaries.
Open Space Zone Code;Reconfiguring a Lot Code;Development Standards Code;andHouse Code.
Impact assessable wherecircumstances for Codeassessable do not apply
Carrying out operational work for reconfiguring a lotAll circumstances Code assessable Open Space Zone Code;
Reconfiguring a Lot Code;
23 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
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TABLE 4.2.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEOPEN SPACE ZONE – OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria22—
are the applicable codes forself assessable and codeassessable development
Development Design Code.
OtherOther Operational work (notincluding operational workassociated withreconfiguring a lot)
Code assessable whereassociated with a Code or Impactassessable Material Change ofUse
Open Space Zone Code; andDevelopment Design Code
Exempt if the circumstances forCode assessable do not apply
N/A
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4.2.2 Assessment criteria for the Open Space Zone(1) Open Space Zone Code
The provisions in this division comprise the Open Space Zone Code. They are—1. The Purpose of the Open Space Zone Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Open Space Zone – Table 4.2.2 Open Space Zone.
(2) The Purpose of the Open Space Zone CodeThe purpose of the Open Space Zone Code is to achieve the following overalloutcomes:
1. Environmentally significant habitats are protected from the encroachment ofincompatible uses;
2. Land within the Zone is used for, or conserved for one or more of thefollowing:(a) State Forests;(b) National Parks;(c) Timber reserves;(d) Forest reserves(e) Riparian corridors; and(f) Land providing buffers between incompatible land uses.
3. Impact assessable development makes provision for the protection andbuffering of areas of cultural and historic significance;
4. A diverse range of public passive and active recreation and sporting activitiesoccur without detrimental impacts on natural values;
5. Development for recreational or educational purposes including buildings andworks for access, safety or basic amenities occurs where the SpecificOutcomes are met;
6. The inclusion of formal sport and recreational facilities such as club houses,sports fields, and arenas, and tourism based development in the Zone onlyoccurs where:(a) such development’s location is necessarily and directly associated with
the natural features of the land;(b) they are grouped with similar uses in the locality; and(c) the potential impacts on the natural environment and amenity of the
area are mitigated;7. Sites, items or places of indigenous and non-indigenous cultural heritage
value are protected.
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TABLE 4.2.2 OPEN SPACE ZONESpecific outcomes (S) for Code andImpact assessable development Probable Solutions (P) for Code and
Impact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicablecodes, it requires Code assessment. Referto Section 1.2.9).
All Uses and WorksEnvironmental ConsiderationsS1Land uses and works are located anddesigned so as not to have significantnegative impacts on natural values of theenvironment including:
1. Natural fauna and flora habitats;2. Water quality, watercourse
integrity and, ground waterresources,
3. Soil and land resources; and4. Natural landscape features which:
(a) contribute to the diversity ofrecreation settings; and
(b) provide linkages betweenopen space areas orcorridors for path networks.
P/A1.1All uses and works are setback a minimumof 50m from any watercourse, as measuredto the top of bank.
P1.2Despite the provisions of P/A1.1 above, thesetbacks for development, in particular theclearing of any vegetation, to ripariancorridors are:
1. 50m widths along each side ofwaterways of stream order 1 and2;
2. 100m widths along each side ofcreeks of stream orders 3 and 4;and
3. 200m widths along each side ofrivers of stream orders 5 and 624.
P/A1.3Where the site and any newly created lotsare not connected to the reticulatedsewerage system, on-site disposal methodsmeet:
1. The Department of NaturalResources and Water On-siteSewerage Code (July 2002) orany subsequent update of thatCode; and
2. AS/NZS 1547:2000 On-siteDomestic WastewaterManagement.
P/A1.4Any roads or driveways through the sitehave a maximum width of 9m, measured toinclude the road, kerb and channelling andany pedestrian footpath.
24 Clearing of any mapped remanant vegetation (as defined in Schedule 8 of the Integrated Planning Act 1997 andSchedule 2 of the Integrated Planning Regulations 1998) will require application to Natural Resources andMines (on IDAS Form 1 Part J).
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P1.5Development applications are to beaccompanied by an Ecological AssessmentReport and Environmental ManagementPlan, prepared in accordance with Division3: Schedule A – Preparation of anEcological Assessment Reports andEnvironmental Management Plans, whichdemonstrates that the proposal will notdetrimentally affect the natural values of theOpen Space zoned land.
P/A1.6Land is kept free of declared weeds andnoxious plant infestations, as detailed in theEmerald Shire Council Pest ManagementPlan as amended.
AmenityS2Land uses and works are integrated withthe landform and landscape of the site andsurrounding area, particularly in areas ofscenic value.
P/A2.1Buildings, roads, driveways and other worksare sited and constructed without the needfor cut and fill earthworks.
S3Land uses and works have no significantimpact on the amenity of adjoining premisesor surrounding area:
1. By their design, orientation orconstruction materials;
2. Due to the operation of machineryor electrical equipment; or
3. Due to the emission of light, noise,vibration, odour, fumes, smoke,vapour, steam, soot, ash, grit, oil,dust, waste water, waste products,or electrical interference.
P3.1No solutions specified.
Separation DistancesS4Land uses and works are located, andinclude mitigation measures that:
1. Are sufficient to protect theamenity of the area;
2. Are sufficient to protect thecapacity for existing and approveduses to continue to operate; and
3. Are sufficient to protect theopportunities for existing andapproved uses to expand inappropriately allocated /zonedland; and
4. For agricultural uses, are outlinedin Planning Guidelines: SeparatingAgricultural and Residential LandUses DNR and DLGP, 1997;and
5. for the keeping of cattle, areoutlined in Section 4 of the DPIReference Manual for theEstablishment and Operation of
P/A4.1Uses in the Residential Use Class, exceptfor houses, home host accommodation andhome based businesses on lots with anarea of 5ha or less, have separationdistances between uses in the ResidentialUse Class and other uses, applicable toboth existing and approved uses, inaccordance with PART 4: Division 1 (RuralZone Code): Schedule A – SeparationDistances Between Uses in the ResidentialUse Class and Other Uses.
P/A4.2Development is not located on a StockRoute as shown on Planning Scheme Map1 contained in Appendix 3.
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Beef Cattle Feedlots inQueensland, 2000; and
6. For the keeping of poultry, areoutlined in the Guidelines forPoultry Farming in Queensland;
7. For the keeping of pigs, areoutlined in the SeparationGuidelines for QueenslandPiggeries (2001); and
8. For development in proximity towatercourses and waterbodies,are outlined in the SEQWATERDevelopment AssessmentGuidelines, prepared as acollaboration of State GovernmentDepartments;
9. Ensure the integrity of the StockRoutes as shown on PlanningScheme Map 1; and
10. Take into account the followingvariables:(a) The nature of the proposed
land use; and(b) The existing and future
amenity of the area; and(c) The existing and future
development in the area; and(d) The location of any existing
vegetation which would bufferthe proposed use; and
(e) predominant wind directions;and
(f) The topography of the site.S5Uses in the Residential Use Class arelocated where they :
1. Have access to town facilities andwalkways and cycleway; and
2. Have services including roads,water supply, sewerage disposal,electricity and telephone services.
Except for caretakers dwelling (such asrangers accommodation) where access toreticulated services is not expected.
P5.1No Solutions Specified
Cultural HeritageS6Development is managed in a fashion thatensures the long term protection andconservation of the significant culturalheritage values of the area.25
P6.1No solutions specified.
Building SetbacksS7 P/A7.1
25 In order to demonstrate compliance with this Specific Outcome, a Cultural Heritage survey in consultation withrelevant indigenous owners, by a cultural heritage practitioner under a permit issue by the EnvironmentalProtection Agency and the Aboriginal Cultural Heritage Act 2003(and Torres Strait Islander Cultural HeritageAct 2003) is likely to be needed; as well as the preparation of an Ecological Assessment Report andEnvironmental Management Plan in accordance with Schedule A of this Code. Also be aware of the AboriginalCultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage Act 2003 require a duty of care to ensureactivities do not harm Aboriginal and Torres Strait Islander cultural heritage.
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Building setbacks reflect the character ofexisting development and land uses, andare provided having regard for the following:
1. The existing and proposed amenityof the area;
2. The existing or proposed futuredevelopment in the area;
3. The distance between anyconstructed road and the proposedbuilding;
4. The distance between any existingbuildings on other sites and theproposed building;
5. The location of any existingvegetation which would buffer theproposed building; and
6. Any constraints to development dueto the topography of the site.
Buildings and other structures haveboundary setbacks as follows:
1. On lots 1ha or less – 10m roadfrontage setback and 3m sideboundary setback;
2. On lots more than 1ha – 10m roadfrontage setback and 10m sideboundary setbacks.
Building HeightS8Building height reflects the character ofexisting development and land uses, andbuildings are provided having regard for thefollowing:
1. The existing and proposedamenity of the area;
2. The existing or proposed futuredevelopment in the area;
3. The efficient and safe operation ofany airstrips or airfields;
4. The particular characteristics ofthe proposed building;
5. The distance of proposedbuildings from roads and otherpublic places from which thebuilding could be viewed;
6. The topography, shape andlocation of the site; and
7. The location of any existingvegetation which would buffer theproposed building.
P/A8.1Buildings and other structures havemaximum building heights as follows:
1. On lots 1ha or less – 8.5m;2. On lots more than 1 ha – 10m.
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Division 3.2: Schedule A – Preparation of Ecological AssessmentReports and Environmental Management Plans
(1) Preparation of an Ecological Assessment ReportAn Ecological Assessment Report is a tool used to provide detailed information about theproposal, the potential ecological impacts of the proposal and the measures proposed toavoid or minimise those potential adverse impacts. As a result each Ecological AssessmentReport is specific to the individual proposal.
Report format and contentWhere an Ecological Assessment Report is required to accompany the developmentapplication, the proponent is strongly encouraged to meet with Council Officers prior tolodgement of the application. This will assist in determining and clarifying the relevant items,identified below, to be addressed in the report. As a general guide the following format andcontents description indicates the items required to be detailed:
1. Title and Address of Proposed Development
2. Qualifications of AuthorThe Ecological Assessment Report should be prepared by a suitably qualified person.References and experience of the author (such as other similar reports prepared bythe consultant or consultants) should also be included.
3. State InterestsThe report should include reference to any applicable State Planning Policies, andthe report should address any rare, threatened or endangered species, areas of highnature conservation value or land vulnerable to land degradation.
4. OverviewThe aim of the overview is to provide a clear and concise summary of what isdiscussed in the report, leaving the reader with a clear understanding of the reportsdetailed assessment of the proposals potential impacts and measures to minimise thepotential adverse impacts. The following may assist in conveying this information.(a) Background and scope of proposal - summarise the proposed development
including the purpose and objectives, addressing the construction and operationof the project and associated infrastructure developments.
(b) Existing environment - summarise the features of the physical, biophysical andbuilt environment relating to the proposed development and associatedinfrastructure.
(c) Potential impacts of the proposed development - summarise the main potentialimpacts of the project (direct, indirect and cumulative), both beneficial anddetrimental, and any alternatives, on the existing environment.
(d) Impact monitoring, protection and management procedures - summarise thesafeguards, standards and management procedures proposed to protect theenvironment, including environmental monitoring and the methods proposed toameliorate or alleviate the potential impacts.
(e) Conclusions - summarise the key strategies and measures to the proposal toaddress any adverse environmental impacts.
5 Background and scope of proposal(a) Outline in detail the purpose and objectives of the proposed development.(b) Discuss the following to illustrate the background of the proposal:
(i) The need for the proposed development or works(ii) The history of the proposal’s formulation(iii) Any alternatives considered and reasons for choosing the preferred option(iv) Action already taken to minimise potential adverse impacts
(c) Provide a description of the project, addressing:(i) The precise nature and scale of works
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(ii) The location and site requirements(iii) The plant and/or building layout, size and design and the development
staging program(iv) The range and quantity of materials to be produced(v) The production process(vi) Possible waste discharges(vii) On-site works and operations(viii) Off-site works and operations(ix) Transport systems(x) Infrastructure requirements (water, sewerage, energy, waste disposal)(xi) The workforce(xii) Project life and time scale for completion(xiii) The possible future expansion of associated development/works
(d) Use of resources:- detail the implications of the proposal for the use of natural resources,
including the quantity and source of water, raw materials and energy to beused
6. Existing EnvironmentThe existing environment of the site and surrounding areas should be described insufficient detail to allow the ecological impacts of the proposal to be accurately andadequately assessed, and to provide a baseline against which predicted and futurechanges can be established. This section shall address features such as, thephysical, biophysical and built environment relating to the proposed development andassociated infrastructure. The following provides a comprehensive, but notexhaustive, list of elements, which may need to be discussed to enable an adequateassessment on potential ecological impacts.(a) Site and locality(b) Physical Features including:
(i) Landform, Geology and Geomorphology(ii) Hydrology (surface water and groundwater)
(c) Climate(d) Water Quality(e) Air quality(f) Noise environment(g) Ecological status/significance including:
(i) Types, structure and location of vegetation associations on the site andsurrounding areas, including measures of foliage cover, health and naturalregeneration;
(ii) Species of flora and fauna (aquatic and terrestrial, native and introduced),weed and pest species, including the location and abundance of eachspecies, especially the presence of rare or endangered species;
(iii) Conservation significance – local, regional and national status;(iv) Special ecological values of the site such as refuge habitat, a breeding
habitat, a corridor for wildlife movement and use by migratory species(h) Social and Economic Characteristics,(i) Cultural heritage values of the site by undertaking the following:
(i) Consultation of the Environmental Protection Agency “Aboriginal andTorres Strait Islander Cultural Heritage Registers and Databases” andconsult with Traditional owners regarding potential impacts to culturalheritage values in the area; and
(ii) A cultural heritage survey, in consultation with relevant indigenous owners,by a cultural heritage practitioner under a permit issued by theEnvironmental Protection Agency.
(j) Landscape Character and Visual Amenity;(k) Infrastructure, addressing items such as:
(i) Transport;(ii) Water supply;(iii) Effluent Treatment and Disposal(iv) Solid Waste
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(v) Power and Communications
7. Potential impacts of the development on the existing environmentIdentify and detail the nature of any potential impacts of the development on theexisting environment including joint resolution of conflicts between economic, socialand environmental impacts. These may be adverse or beneficial, direct or indirect,short or long term or incremental and are to be considered for both the constructionand operation phases of the development. Detail any irreversible commitment ofresources that would be involved if the proposed development is implemented.Discussion on the potential impacts of the development on the existing environmentshould include potential impacts on:(a) Bio/Physical Features including:
(i) Geology and geomorphology(ii) Hydrology (surface and groundwater)
(b) Ecological status/significance(i) Air quality(ii) Water Quality(iii) Noise levels(iv) Coastal processes (if applicable)(v) Infrastructure(vi) Safety & Risk Assessment including:(vii) Potential events(viii) Safety program
(c) Soil erosion and soil salinity(d) Fauna habitats and the introduction and spread of weeds.
8. Impact monitoring, protection, risk management and post developmentmanagement proceduresAn environmental management plan should be prepared for the development tooutline measures to minimise impacts and monitor impacts of the proposal duringconstruction, operation and decommissioning phases of the development. (refer toSection (2) of this Schedule for detail on an Environmental Management Plan).
9. ConsultationThe applicant/consultant should consult with relevant interest groups and partieslikely to be affected by the proposal, and issues generated should be documentedalong with any proposed measures to address these issues.
10. References(a) List other reference material and literature used(b) List authorities consulted and contributors to the report(c) Cross-reference the reference material in the text to allow easier access to
information
11. Appendices(a) Include detailed technical information collected through the investigation,(b) Include relevant documents or correspondence from Government Authorities,
and(c) Monitoring programs.
(2) Environmental Management PlansAn Environmental Management Plan (EMP) seeks to ensure that the potential impacts ofdevelopment on the environment are adequately controlled. An EMP is a written descriptionof what acceptable levels of environmental impact are intended to be achieved or maintainedand how it is proposed to achieve or maintain them. This can include construction,operational and decommissioning stages of a development. EMP’s will vary for each site orlocation based on the different characteristics and issues for each proposal. The EMP allowsthe Council to assess how the issues associated with a proposal on site will be managed tomaintain or enhance its environmental values.
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2.1 The range of issues that may be addressed in an EMP include, but is not limited to, thefollowing:1. Air quality;2. Buffer area management;3. Building/structure conservation or retention;4. Bushfire Risk Management;5. Energy efficiency and management;6. Erosion and sediment control;7. Land Stability;8. Loss of topsoil and associated dust problems;9. Management of activities and events, including monitoring and corrective action;10. Management of the impacts of land uses on surrounding sites;11. Natural and cultural heritage preservation/management;12. Noise control;13. Rehabilitation/landscaping;14. Rehabilitation of sites;15. Resource and waste management;16. Stormwater management;17. Vegetation management;18. Visual amenity;19. Water quality/waterway health; and20. Weed control.
2.2 Essential components of an EMP are:1. Identify all aspects of the project that require environmental management;2. Establishment of agreed performance criteria in relation to environmental and social
impacts;3. Detailed practical and achievable prevention, minimisation and mitigation strategies
(including design standards) for controlling environmental impacts of the proposal atspecific sites;
4. Details of the proposed monitoring of the effectiveness of remedial measuresagainst the agreed performance criteria based on legislative requirements andgovernment policies. The frequency of monitoring for each parameter andproposed location of monitoring sites should be shown to allow consideration ofmonitoring in risk assessment;
5. Detail the features of alternatives investigated and the reasons for choosing thepreferred option;
6. Identify the authority and their responsibility for implementing managementmeasures during both construction and operational stages of a proposal;
7. Timing (milestones) of environmental management initiatives;8. Reporting requirements and auditing responsibilities for meeting environmental
performance criteria;9. Establish procedures for monitoring and reporting incidents;10. Detail courses of action (and responsibility) for responding to incidents or non-
compliance and emergency events which may be detailed or arise; and11. Corrective actions to rectify any deviation from performance standards.
The following provides a guide to the type of information that might be included in an EMPand how it could be structured.
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2.3 Suggested Environmental Management Plan Format
Introduction
Description of the development proposal;The need for the EMP in relation to the development; andStructure and scope.
Aims of the EMP
Provide a framework for practically addressing and monitoring the significantenvironmental impacts of the proposal;Compliance with legislative requirements and government policies; andEvidence that the works and operations are being conducted in an environmentallyresponsible manner.
Identification of Environmental Issues or Environmentally Impacting Activities andAssociated Management Actions
For each issue or environmentally impacting activity outline the following:
Policy for addressing the issue/activity;Performance criteria;Implementation strategy;Monitoring program; andDetails of how reporting will influence mitigation measures and how reporting is to takeplace.
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Division 3—Town Zone
About the Town ZoneThe Town Zone, as mapped on Zoning Map 2 reflects the town of Emerald.The Town Zone contains a number of distinct sub areas, being the: Town – Commercial Precinct; Town – Residential Precinct; Town – Residential Accommodation Precinct; Town – Industrial Precinct; Town – Light Industrial Precinct; Town – Community Precinct; Town – Utility Precinct; Town – Recreation Precinct; Town – Rural Residential Precinct ; Town – Airport Precinct; and Town – Investigation Precinct Areas A - D
All land within the Town Zone is included in one of the above Precincts, and anyparcel may have more than one Precinct which applies..The Town Zone Code regulates new uses and works in relation to their impacts onthe existing uses in the Precincts, their scale, design and location, and theircompatibility with land in adjoining Precincts.
4.3.1 Assessment tables for the Town Zone(1) Assessment categories for the Town Zone
The assessment categories26 are identified for development in the Town Zone inColumn 2 of Tables 4.3.1(1) and 4.3.1(2) as follows—(a) Table 4.3.1(1)—making a material change of use27 for a defined use, or
another use in a defined use class, listed in Column 1; or(b) Table 4.3.1(2)—other development28 listed in Column 1, including—
(i) carrying out building work;(ii) operational work, including but not limited to, filling and excavating,
and the placing of advertising devices;(iii) reconfiguring a lot; and(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Town ZoneThe relevant assessment criteria in the Town Zone are referred to in Column 3 oftables 4.3.1(1) and 4.3.1(2).
For self-assessable development and development requiring code assessment, therelevant assessment criteria are applicable codes.
26 Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide27 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
28 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
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TABLE 4.3.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THETOWN ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass29 and 30
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria31—
are the applicable codes forself assessable and codeassessable development
Rural Use ClassAgriculture Self assessable if in the Town –
Rural Residential Precinct; and ona lot over 2.5ha in area
Town Zone Code ;Development Standards Code; andAgricultural Use Code
Code assessable if in the Town –Rural Residential Precinct, theTown - Investigation PrecinctAreas A - D and the AirportPrecinct; and on a lot 2.5ha or lessin area.
Town Zone Code ;Development Standards Code; andAgricultural Use Code
Impact assessable if thecircumstances for Self assessableor Code assessable do not apply
Animal Husbandry Exempt where conducted on aStock Route.
Self assessable if in the Town –Rural Residential Precinct; and ona lot over 2.5ha in area
Town Zone Code ;Development Standards Code; andAnimals Code
Code assessable if in the Town –Rural Residential Precinct, theTown - Investigation PrecinctAreas A - D and the AirportPrecinct; and on a lot 2.5ha or lessin area.
Town Zone Code ;Development Standards Code; andAnimals Code
Impact assessable if thecircumstances for Exempt, Selfassessable or Code assessable donot apply
Fossicking Exempt
Roadside stall Self assessable where1. the use area does not
exceed 50m2; and2. In the Town – Rural
Residential Precinct andis located on a lot over2.5ha in area
Town Zone Code ; andDevelopment Standards Code
29 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes30 Department of Main Roads should be contacted to consent to the access arrangements for any new use with a
frontage to a State Controlled Road.31 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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TABLE 4.3.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THETOWN ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass29 and 30
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria31—
are the applicable codes forself assessable and codeassessable development
Code assessable where:1. the use area exceeds 50m2;
or2. In the Town – Rural
Residential Precinct and on alot 2.5ha or less in area.
Town Zone Code ; andDevelopment Standards Code
Impact assessable where thecircumstances for Self assessableor Code assessable do not apply
All other uses in theRural Use Class
Impact assessable where thecircumstances for Exempt do notapply
Residential Use ClassAccommodationbuildings
Code assessable where located inthe Town – ResidentialAccommodation Precinct.
Town Zone Code ;Development Standards Code; andAccommodation Buildings Code
Impact assessable in all otherPrecincts
Caretaker’s residence Code assessable in the Town –Commercial Precinct, Town –Industrial Precinct or Town – LightIndustrial Precinct.
Town Zone Code ; andDevelopment Standards Code
Impact assessable in all otherPrecincts
Dual occupancy Code assessable if located in:1. The Town – Residential
Accommodation Precinct; or2. The Town – Residential
Precinct and:(a) there is a maximum of
1 dual occupancy inevery 4 lots on anystreet frontage; and
(b) there are no more thanhalf of the corner lotsat any intersectionbeing occupied byexisting or approveddual occupancies
(c) Where locatedcompletely within thePIA
Town Zone Code ;Development Standards Code; andResidential Accommodation Code.
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TABLE 4.3.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THETOWN ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass29 and 30
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria31—
are the applicable codes forself assessable and codeassessable development
Impact assessable where thecircumstances for Codeassessable do not apply
Home hostaccommodation
Code assessable if located in theTown – ResidentialAccommodation Precinct.
Town Zone Code ;Development Standards Code ;Home Host Accommodation Code;andHouse Code.
Impact assessable if thecircumstances for Self assessableor Code assessable do not apply
House Self assessable if located in1. The Town –Residential
Precinct,2. Town – Residential
Accommodation Precinct; or3. Town – Rural Residential
Precinct4. Town – Investigation
Precinct Areas A – D.
Town Zone Code ;Development Standards Code; andHouse Code
Impact assessable in all otherPrecincts
All other uses in theResidential Use Class
Impact assessable
Commercial Use ClassCaravan park Code assessable if located in the
Town – Recreation PrecinctTown Zone Code ;Development Standards Code; andCaravan Park and Worker’sAccommodation Code
Impact assessable in all otherPrecincts
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TABLE 4.3.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THETOWN ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass29 and 30
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria31—
are the applicable codes forself assessable and codeassessable development
Commercial premises;Shop; Food premises
Code assessable if:Located in the Town –Commercial Precinct;ORlocated in the Town – AirportPrecinct and within the mainpassenger terminal;ANDthere is no drive-throughfacility.
Town Zone Code ; andDevelopment Standards Code; andCommercial Development Code
Impact assessable if thecircumstances for Self assessableor Code assessable do not apply
Hotel Code assessable if located in theTown – Commercial Precinct.
Town Zone Code ;Development Standards Code; andCommercial Development Code
Impact assessable in all otherPrecincts
Indoor entertainment Code assessable if located in:1. the Town – Commercial
Precinct;2. the Town – Light Industrial
Precinct; or3. the Town – Industrial Precinct
Town Zone Code ;Development Standards Code; andCommercial Development Code
Impact assessable in all otherPrecincts
Off street car park Code assessable if located in the:1. Town – Commercial Precinct;2. Town – Industrial Precinct;3. Town – Light Industrial
Precinct;4. Town – Recreation Precinct;
and5. Town – Utility Precinct6. Town – Airport Precinct
Town Zone Code ;Development Standards Code; andCommercial Development Code
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TABLE 4.3.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THETOWN ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass29 and 30
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria31—
are the applicable codes forself assessable and codeassessable development
Impact assessable in all otherPrecincts
Outdoor entertainment Code assessable in the Town –Recreation Precinct
Town Zone Code ;Development Standards Code; andCommercial Development Code
Impact assessable in all otherPrecincts
Plant nursery Code assessable if located in the:1. Town – Commercial Precinct
or2. Town – Light Industrial
Precinct
Town Zone Code ;Development Standards Code; andCommercial Development Code
Impact assessable in all otherPrecincts
Showroom;Vehicle Showroom
Code assessable if located in the:1. Town – Commercial Precinct;
or2. Town – Light Industrial
Precinct
Town Zone Code ;Development Standards Code; andCommercial Development Code
Impact assessable if thecircumstances for Codeassessable do not apply
All other uses in theCommercial Use Class
Impact assessable
Industrial Use ClassLandscape supplies;Vehicle and goodsdepot; andBulk Store
Code assessable in the:1. Town – Light Industrial
Precinct; or2. Town – Industrial Precinct3. Town – Airport Precinct
Town Zone Code ; andDevelopment Standards Code
Impact assessable in all otherPrecincts
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 82
TABLE 4.3.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THETOWN ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass29 and 30
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria31—
are the applicable codes forself assessable and codeassessable development
Low impact industry;andWarehouse
Code assessable in the:1. Town – Light Industrial
Precinct; or2. Town – Industrial Precinct3. Town – Airport Precinct
ANDlocated completely within the PIA.
Town Zone Code ; andDevelopment Standards Code
Impact assessable in all otherPrecincts or where located partlyor completely outside the PIA
Medium impact industry Code assessable in the Town –Industrial Precinct and where thechange of use involves buildingwork within the PIA.
Town Zone Code ; andDevelopment Standards Code
Impact assessable in all otherPrecincts or where located partlyor completely outside the PIA.
All other uses in theIndustrial Use Class
Impact assessable in all Precincts
Community Use ClassCommunity purposes Self assessable
1. For Community purposes(Categories 1,3, 4, & 7) in theTown – Community Precinct;and
2. For Community purposes(Category 1) uses in the Town– Light Industrial Precinct.
Town Zone Code;Development Standards Code
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 83
TABLE 4.3.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THETOWN ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass29 and 30
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria31—
are the applicable codes forself assessable and codeassessable development
Code assessable1. For Community purposes
(Categories 2 & 5) in theTown – Community Precinct;or
2. For Community purposes(Categories 1, 3, 4, and 5) inthe Town – CommercialPrecinct; or
3. For Community purposes(Category 3) in the Town –Recreation Precinct; or
4. For Community purposes(Category 1) in the Town –Industrial Precinct.
Town Zone Code;Development Standards Code
Impact assessable for all otherCategories of the use in all otherPrecincts, not described for Self orCode assessable development
Open space Exempt N/A
Public facility -operational
Exempt N/A
All other uses in theCommunity Use Class
Impact assessable
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 84
TABLE 4.3.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THETOWN ZONE – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria32—
are the applicable codes forself assessable and codeassessable development
Operational workFilling and excavating Exempt where less than 1m depth
and less than 50m3N/A
Self assessable where thecircumstances for Exemptdevelopment are exceeded.
Town Zone Code;Development Design Code
Placing an advertisingdevice on premises
Self assessable where: the top of the advertising
device is not greater than 3mabove ground level, and
the sign relates only toactivities conducted on thepremises and
where there is a maximum oftwo devices per lot (nonebeing a bill board sign).
Town Zone Code;Development Design Code
Code assessable for devicesexceeding 3m but less than 9m orwhere the circumstances for selfassessment do not apply.
Town Zone Code;Development Design Code
Impact assessable (bill board signsonly where the subject matter ofthe sign face is not directlyassociated with the subject land)where circumstances for Self andCode assessable do not apply
Work – Roads Code assessable Town Zone Code;Development Design Code
Work – Car Parking andAccess
Code assessable Town Zone Code;Development Design Code
Work – Water andSewer
Code assessable Town Zone Code;Development Design Code
Work – StormwaterDrainage
Code assessable Town Zone Code;Development Design Code
Work – Electricity andTelecommunicationServices
Code assessable Town Zone Code;Development Design Code
Work – Footpaths and Code assessable Town Zone Code;
32 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
PART 4 ZONES Town Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 85
Cycleways Development Design Code
Work – Park provision Code assessable Town Zone Code;Development Design Code
Work – Street lightingand Street signs
Code assessable Town Zone Code;Development Design Code
Work – Street trees Self assessable Town Zone Code;Development Design Code
Work – Landscaping Self assessable Town Zone Code;Development Design Code
Other Operational workassociated with a Codeor Impact assessableMaterial Change of Use(not includingoperational workassociated withreconfiguring a lot)
Code assessable Town Zone Code;Development Design Code
Reconfiguring a lot33
All circumstances Code assessable:
1. Creating a lot(s) by subdividinganother lot(s) completelywithin the PIA and where thesize of any additional lotscreated is:
(a)not more than 5% below,
(b)equal to, or
(c) greater than,
the relevant specified minimumlot sizes in the Reconfiguring aLot Code; OR
2. where no additional lots arecreated and the proposal is forthe rearrangement of existinglot boundaries.
Town Zone Code;Reconfiguring a Lot Code;Development Standards Code; andHouse Code.
Impact assessable wherecircumstances for Code assessabledo not apply
Carrying out operational work for reconfiguring a lotAll circumstances Code assessable Town Zone Code;
Reconfiguring a Lot Code;Development Design Code.
OtherOther Operational work(not includingoperational workassociated withreconfiguring a lot)
Code assessable where associatedwith an assessable MaterialChange of Use
Town Zone Code; andDevelopment Standards Code
Exempt if the circumstances forCode assessable do not apply
33 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
PART 4 ZONES Town Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 86
4.3.2 Assessment criteria for the Town Zone(1) Town Zone Code
The provisions in this division comprise the Town Zone Code. They are—1. the Purpose of the Town Zone Code – Section (2); and2. the Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Town Zone – Table 4.3.2. Town Zone.
(2) The Purpose of the Town Zone CodeThe purpose of the Town Zone Code is to achieve the following overall outcomes:
1. The town of Emerald is identified as the key service town which serves the Shire;2. Commercial, community and public uses are consolidated within the town of
Emerald, ensuring that the town is easily identifiable and an accessiblecommunity centre;
3. The Precincts each perform a different function within the Town Zone andrepresent distinct areas or groupings of compatible land uses;
4. The availability of land, the amenity, and the operational needs of different usesin each Precinct are not compromised by the inclusion or encroachment ofinappropriate development;
5. Land on the boundaries of each of the Precincts is of a nature, design andappearance that respects the scale and nature of uses in the adjoining Precinct;
6. Urban development is consolidated within Council’s Priority Infrastructure Area tomaximise infrastructure efficiencies and standards;
7. The overall outcomes specific to each of the Precincts within the Town Zonelisted below, are achieved;(a) The overall outcomes sought for the Town – Commercial Precinct are:
(i) Land within the Precinct is predominantly used for commercial andbusiness uses including shops, commercial premises, motels andhotels;
(ii) The uses within the Precinct afford the Shire a wide range ofshopping, banking, office, medical and professional services;
(iii) Maximum building heights are higher in this precinct compared toother Town precincts; with the area bounded by Opal, Ruby,Edgerton and Clermont Streets having the greatest height allowance
(iv) The inclusion of industrial and land consumptive uses such asvehicle showrooms and low impact industries is minimised;
(v) Land is generally provided with urban standard services;(vi) Roads and parking areas are of an urban standard, allow for efficient
traffic movement and do not by their location or design compromisepedestrian movement in the Town.
(b) The overall outcomes sought for the Town – Residential Precinct are:(i) Land within the Precinct is predominantly used for uses in the
Residential Use Class;(ii) Land is generally provided with urban standard services;(iii) Development on land which is not intended to be provided with a
reticulated sewerage system, uses on-site effluent disposal systemswhich do not adversely impact on ground or surface water resources;
(iv) Uses that are not in the Residential Use Class such as churches,community facilities, and local recreation facilities are only located inthe Precinct where such uses are of a scale, size, appearance andbuilt form which is consistent with residential amenity of the area;
(v) Other uses not in the Residential Use Class are not generally locatedwithin the Precinct.
(c) The overall outcomes sought for the Town – ResidentialAccommodation Precinct are:
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 87
(i) Higher residential densities than that of the Town – ResidentialPrecinct are achieved, by the location of new dual occupancies,multiple dwellings and other residential uses in the Precinct;
(ii) New residential development is designed and located such that thepotential negative impacts on existing residences are minimised anda balanced mix of residential uses exist;
(iii) Land is generally provided with urban standard services;(iv) Development on land which is not intended to be provided with a
reticulated sewerage system, uses on-site effluent disposal systemswhich do not adversely impact on ground or surface water resources;
(v) Uses that are not in the Residential Use Class such as churches,community facilities, and local recreation facilities are located in thePrecinct where such uses are of a scale, size, appearance and builtform which is consistent with residential amenity of the area, and inpreference to their location in the Town - Residential Precinct.
(d) The overall outcomes sought for the Town – Light Industrial Precinctare:(i) Land within the Precinct is predominantly used for low impact
industrial uses including manufacturing, processing, repairing,packing and storage, landscape supplies, vehicle and goods depots,and warehouses;
(ii) Land is afforded good access to transport facilities, and is suited tothe building and vehicle requirements of preferred uses;
(iii) Land is generally provided with urban standard services;(iv) Development provides for ample on site parking, and on site
manoeuvring and loading of heavy vehicles;(v) Other uses not in the Industrial Use Class such as service industries
and uses which directly serve employees of industrial uses eg. foodpremises, are also located within the Precinct where such uses donot have significant impacts upon the operation or amenity ofsurrounding uses;
(vi) Indoor and outdoor entertainment uses which are unable to locate inother areas due to their nature, scale or impact on amenity due tonoise, may be located in the Precinct; and
(vii) Showrooms and vehicle showroom uses are only located on siteswhich have frontage to principal roads, notably Hospital Road.
(e) The overall outcomes sought for the Town – Industrial Precinct are:(i) Land within the Precinct is predominantly used for medium and high
impact industrial uses including manufacturing, processing, repairing,packing and storage, in locations where they can be effectivelyseparated or buffered from incompatible land uses;
(ii) Other uses including transport terminals, bulk stores and industrialuses generally having a total use area of 5000m2 or more alsolocate within the Precinct;
(iii) Land is afforded good access to transport facilities, and is suited tobuilding and vehicle requirements of preferred uses;
(iv) Land is generally provided with urban standard services;(v) Development provides for ample on site parking, and on site
manoeuvring and loading of heavy vehicles;(vi) Other uses not in the Industrial Use Class such as service industries
and uses which directly serve employees of industrial uses eg. foodpremises, are also located within the Precinct where such uses donot have significant impacts upon the operation or amenity ofsurrounding uses;
(vii) Uses which are more suited to locating in the Town – Light IndustryPrecinct (see (d) – Overall Outcomes for the Town – Light IndustryPrecinct above) due to their scale and nature, are not located in thisPrecinct.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 88
(f) The overall outcomes sought for the Town – Community Precinct are:(i) Land within the Precinct is predominantly used for the provision of
community purposes, including municipal services, educationfacilities, hospitals, meeting halls and places of worship;
(ii) Land tenure is predominantly, but not exclusively, Crown land;(iii) New community facilities are consolidated around existing civic and
community facilities;(iv) The Community Uses found in the Precinct are protected from the
encroachment of incompatible uses and development that wouldrestrict the potential expansion of the facilities;
(v) Land is generally provided with urban standard services;(vi) Development in the Precinct does not adversely impact on adjoining
residential areas;(vii) The inclusion of uses in the Commercial and Industrial Use Classes
is minimised; as they are generally not compatible with the uses inthe Precinct.
(viii) This Precinct generally does not encourage residential developmenton the ground floor of new commercial developments.
(g) The overall outcomes sought for the Town – Utilities Precinct are:(i) Land within the Precinct is predominantly used for the provision of
utilities such as water and sewerage treatment plants, Councildepots, telecommunication facilities, refuse sites and the like;
(ii) Land tenure is predominantly, but not exclusively, Crown land;(iii) Land is generally provided with urban standard services;(iv) Development in the Precinct does not adversely impact on adjoining
residential areas;(v) The inclusion of uses in the Residential and Commercial Use
Classes is minimised; as they are generally not compatible with theuses in the Precinct.
(h) The overall outcomes sought for the Town – Recreation Precinct are:(i) Land within the Precinct is predominantly used for the provision of
public parks, open space, and outdoor entertainment uses includinglocal sporting facilities and venues;
(ii) Land within the Precinct is located in close proximity to residentialareas to ensure that the facilities are accessible to the residents theyserve;
(iii) Areas of open space and natural habitats within the Precinct areprovided such that they form linkages with other open space areas inthe Open Space Zone;
(iv) The inclusion of uses in the Commercial (other than food premisesand outdoor entertainment) within the Precinct acts as a bufferbetween incompatible land uses where necessary;
(v) New development is located adjacent to other existing sportingfacilities and open space areas to consolidate access points and to,promote pedestrian and cycling linkages through, the Precinct andbetween adjoining Precincts;
(vi) The inclusion of uses in the Commercial (other than food premises)and Industrial Use Classes is minimised, as they are generally notcompatible with the uses in the Precinct.
(i) The overall outcomes sought for the Town – Rural Residential Precinctare:(i) Land is predominantly used for houses on small rural living lots, yet
provided with appropriate urban services;
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 89
(ii) Low population densities in the Precinct mean that people enjoy arural lifestyle with accessibility to community facilities;
(iii) The nature of the land within the Precinct is essentially residentialand therefore the size and scope of rural activities is limited;
(iv) Uses such as animal husbandry, hobby farm cropping andagriculture are of a scale that do not result in adverse impacts onresidential amenity;
(v) New rural residential development is located such that it representsan infill of existing available rural residential land, or is an extensionof existing rural residential development;
(vi) The land in the Precinct is afforded an urban standard of roadaccess;
(vii) Where reticulated water and sewerage is not available, new ruralresidential development has an adequate supply of potable waterand water for emergency purposes, and sustainable means ofeffluent disposal, which ensures that impacts on the ground andsurface water resources are minimised;
(viii) The provision of parkland associated with new rural residentialdevelopment coincides where possible with revegetation on the siteto provide habitat corridors or linkages for recreational purposes;
(ix) Uses in the Commercial and Industrial Use Classes are generally notlocated on land within the Precinct.
(j) The overall outcomes sought for the Town – Airport Precinct are:(i) Land in this Precinct is efficiently and safely developed for regional
airport functions.(ii) The Precinct has good access to the town of Emerald for hospitality,
conferencing, storage and like activities.(iii) The Precinct allows for adequate vehicle parking and storage as well
as hangers, warehouse and similar facilities critical for the ongoingactivities of a regional airport.
(iv) The prime airport passenger terminal provides appropriate space forticketing, waiting areas, food, toilets, baggage, business andpersonal services for the travelling public and the like.
(v) The protection of this Precinct’s function is also addressed in theEconomic Resources Overlay dealing with Aircraft Affected Land.
(k) The overall outcomes sought for the Town – Investigation Precinct AreaA are:(i) Land is predominately used for rural residential uses hosting house
on small rural living lots in line with an Area A Master Plan, submittedwith any Development Application, which addresses efficiently lotlayout, access, amenity, buffer, environmental and service issues.
(ii) Land is developed in accord with the outcomes sought for the ruralresidential precinct as identified in item (i) above.
(iii) Land is planned and assessed on the basis of a Master Plan as setout at Part 6, Division 13, Schedule A of this document.
(l) The overall outcomes sought for the Town Investigation Precinct AreaB– are:(i) Land is predominately used for rural residential uses and to a lesser
extent residential uses subject to an Area B Master Plan, submittedwith any Development Application, which addresses protection fromflooding, appropriate environmental, and amenity outcomes as wellas efficient servicing and access.
(ii) Land is developed in accord with the outcomes sought for the lowerpopulation density of the rural residential precinct as identified in item(i) above.
(iii) Land developed as standard residential uses achieves the overallResidential Precinct outcomes identified in item (b) above. Such
PART 4 ZONES Town Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 90
standard residential uses are expected in the western section of theArea B.
(iv) Land is planned and assessed on the basis of a Master Plan as setout at Part 6, Division 13, Schedule A of this document.
(m) The overall outcomes sought for the Town Investigation Precinct AreaC– are:(i) Land is developed as an integrated mixed use area predominantly for
rural residential uses. Other uses may include recreation and usesconsidered to be compatible with uses on land neighbouring thisInvestigation Precinct. Development is to be consistent with anapproved Area C Master Plan submitted with any DevelopmentApplication. That Master Plan shall provide a comprehensive reviewand logical development strategy for the precinct with regard tobuffer, amenity, access, servicing and the like matters.
(ii) The outcomes for the various uses in Area C shall be in accord withthe outcomes sought for the relevant outcomes identified above inthis Section on the Purpose of the Town Zone, for example landdeveloped as rural residential would be in accord with the outcomesin item (i) for the Rural Residential Precinct.
(iii) Land is planned and assessed on the basis of a Master Plan as setout at Part 6, Division 13, Schedule A of this document.
(n) The overall outcomes sought for the Town Investigation Precinct Area D– are:(i) Land in this Investigation Area D is to predominantly be used for
housing in standard residential density consistent with item (b)above, Residential Precinct, subject to adequate proof of immediateneed and commitment to early development as well as buffer,amenity, access, environmental, servicing and related matters.
(ii) Any development application for residential development in thisinvestigation Area D shall be on the basis of consistency with aMaster Plan for Area D. This Master Plan, submitted with anydevelopment application will address protection from flooding,remnant vegetation, appropriate environmental and amenityoutcomes as well as efficient servicing and access.
(iii) Land is planned and assessed on the basis of a Master Plan as setout at Part 6, Division 13, Schedule A of this document.
TABLE 4.3.2 TOWN ZONE
Specific outcomes (S) for Code and Impactassessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicablecodes, it requires Code assessment. Referto Section 1.2.9).
All Uses and WorksEnvironmental ConsiderationsS1Land uses and works are located anddesigned so as not to have significantnegative impacts on natural values of the
P/A1.1All uses and works are setback a minimumof 50m from any watercourse, as measuredto the top of bank.
PART 4 ZONES Town Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 91
environment including:1. Natural fauna and flora habitats;2. Water quality, watercourse integrity
and, ground water resources,3. Soil and land resources; and4. Natural landscape features which:
(a) contribute to the diversity ofrecreation settings; and
(b) provide linkages between openspace areas or corridors forpath networks.
P1.2Despite the provisions of P/A1.1 above, thesetbacks for development, in particular theclearing of any vegetation, to ripariancorridors are:
1. 50m widths along each side ofwaterways of stream order 1 and2;
2. 100m widths along each side ofcreeks of stream orders 3 and 4;and
3. 200m widths along each side ofrivers of stream orders 5 and 6.34
P/A1.3Where the site and any newly created lotsare not connected to the reticulatedsewerage system, on-site disposal methodsmeet:
1. The Department of NaturalResources and Water On-siteSewerage Code (July 2002) orany subsequent update of thatCode; and
2. AS/NZS 1547:2000 On-siteDomestic WastewaterManagement.
P/A1.4Land is kept free of declared weeds andnoxious plant infestations, as detailed in theEmerald Shire Council Pest ManagementPlan.
AmenityS2Land uses and works have no significantimpact on the amenity of adjoining premisesor surrounding area:
1. By their design, orientation orconstruction materials;
2. Due to the operation of machinery orelectrical equipment; or
3. Due to the emission of light, noise,vibration, odour, fumes, smoke,vapour, steam, soot, ash, grit, oil,dust, waste water, waste products,or electrical interference.
and noise sensitive uses adjacent to a Statecontrolled road must seek to achieveappropriate acoustic amenity, and noisesensitive development within 100 metres ofthe railway corridor is sited and designed toreduce the impact of rail noise
Note: Trees are to be maintained and are not
P2.1In partial solution of S2, specifically inrelation to acoustic amenity near a Statecontrolled road, development of:
1. Residential (whether for temporaryor permanent occupancy) habitablefloors meets the following criteria:a) 60dB(A) L10 (18 hour) or less,
where existing levels measuredat the deemed to comply buildingsetback distance from the roadare greater than 40dB(A) L90 (8hour) between 10:00p.m. and6:00a.m.; or
b) 57dB(A) L10 (18 hour) or less,where existing levels measuredat the local government deemedto comply dwelling setbackdistance are less than or equal to40dB(A) L90 (8hour) between10:00p.m. and 6:00a.m.
34 Clearing of any mapped remnant vegetation (as defined in Schedule 8 of the Integrated Planning Act 1997 andSchedule 2 of the Integrated Planning Regulations 1998) will require application to Natural Resources andWater (on IDAS Form 1 Part J).
PART 4 ZONES Town Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 92
to cause a threat to the public safety. The lineof sight is not to be impeded by vegetationwhilst accessing or egression of the site.
NOTE: where criteria in 1a and 1b cannotbe met, internal maximum design criterionlevels specified in Table 1, AS2107-1987are acceptable
2. Balconies and formal external openspace meet the following criteria:a) 60dB(A) L10 (18 hour) or less,
where existing levels measuredat the deemed to complydwelling setback distance aregreater than 45dB(A) L90 (18hour); or
b) 57 dB(A) L10 (18 hour) or less,where existing levels measuredat the deemed to complydwelling setback distance areless than or equal to 45dB(A)L90 (18 hour).
3. Educational, community and healthbuildings, parks, outdooreducational and recreational areasand open space meet the followingcriteria:a) 63dB(A) 10 (12 hour) or less
“Formal external open space is the privateor communal recreational area of adevelopment “required” by this planningscheme.
P2.2Bedroom and living areas in residentialuses and noise sensitive areas in non-residential uses are sited and designed toreduce the impact of rail noise by:
a) Siting noise affected areas as faraway as practical from therailway corridor noise source; or
b) Using roof and wall insulation,mechanical ventilation, thickenedglass, double glazing of windowsand doors; or
c) Orienting openings (for example,windows and doors) away fromthe rail corridor noise source; or
d) Incorporating noise attenuationbarriers such as earth mounds,landscaping and fences or wallswithout gaps between the noisesource and the use
Separation DistancesS3Land uses and works are located, and includemitigation measures that:
1. Are sufficient to protect the amenityof the area;
2. Are sufficient to protect the capacityfor existing and approved uses to
P/A3.1Uses in the Residential Use Class, exceptfor houses, home host accommodation andhome based businesses on lots with anarea of 5ha or less, have separationdistances between uses in the ResidentialUse Class and other uses, applicable to
PART 4 ZONES Town Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 93
continue to operate; and3. Are sufficient to protect the
opportunities for existing andapproved uses to expand inappropriately allocated /zoned land;and
4. For agricultural uses, are outlined inPlanning Guidelines: SeparatingAgricultural and Residential LandUses DNR and DLGP, 1997;and
5. for the keeping of cattle, are outlinedin Section 4 of the DPI ReferenceManual for the Establishment andOperation of Beef Cattle Feedlots inQueensland, 2000; and
6. for the keeping of poultry, areoutlined in the Guidelines for PoultryFarming in Queensland;
7. for the keeping of pigs, are outlinedin the Separation Guidelines forQueensland Piggeries (2001); and
8. for development in proximity towatercourses and waterbodies, areoutlined in the SEQWATERDevelopment AssessmentGuidelines, prepared as acollaboration of State GovernmentDepartments;
9. ensure the integrity of the StockRoutes as shown on PlanningScheme Map 1;
10. are consistent with the Guidelines tominimise mosquito and biting midgeproblems in new developmentareas; and
11. take into account the followingvariables:(a) The nature of the proposed
land use; and(b) The existing and future amenity
of the area; and(c) The existing and future
development in the area; and(d) The location of any existing
vegetation which would bufferthe proposed use; and
(e) predominant wind directions;and
(f) The topography of the site.
both existing and approved uses, inaccordance with Part 4: (Rural Zone):Division 1: Schedule A – SeparationDistances Between Uses in the ResidentialUse Class and Other Uses.
P/A3.2Development is not located on a StockRoute as shown on Planning Scheme Map1 contained in Appendix 3.
P/A3.3Unless separation distances are otherwiseprovided in accordance with P/A3.1 above,the following is provided:Anywhere in the Town Zone
1. Uses in the Residential Use Classhave minimum setbacks of 3m toany Non-Residential Use whichexists on adjoining land.
2. Uses that are not in theResidential Use Class on sitesadjoining the Town – ResidentialPrecinct are setback a minimum of3 m to any boundary shared withthat adjoining land.
3. Uses that are not in theResidential Use Class on sitesadjoining the Town – ResidentialPrecinct or Open Space Zonehave a minimum landscapedsetback of 5m.
Town – Commercial Precinct1. Uses in the Residential Use Class
have minimum setbacks of:(a) 3m to adjoining land included
in the Town – Light IndustrialPrecinct; and
(b) 5m to adjoining land includedin the Town – IndustrialPrecinct.
2. Uses in the Commercial andIndustrial Use Class andCommunity Purpose – other useshave:(a) minimum setbacks of 2m to
any use in the ResidentialUse Class which exists onadjoining land;
(b) a solid fence with a minimumheight of 1.8m on the sharedboundary with an adjoininguse in the Residential UseClass, which screens anybuildings, parking and accessareas; and
(c) refuse bin enclosures orrefuse storage areas setbackat least 3m from the shared
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 94
boundary with an adjoininguse in the Residential UseClass.
Town – Residential Precinct1. Uses that are not in the
Residential Use Class:(a) have minimum setbacks of 6
m, or half the height of suchbuilding whichever is thegreater, to any boundary ofthe site;
(b) are visually buffered orscreened from thesurrounding residential land;
(c) are designed, constructedand finished to maintain adomestic scale andappearance in keeping withthe residential amenity andcharacter of the locality.
Non Residential uses in the Town – Residential PrecinctS4Development is of a scale and nature thatdoes not compromise residential amenity.
P4.1Food Premises, Community purposes usesfor Educational establishments, Commercialpremises including Health centres, andAccommodation Buildings are onlyacceptable where development:
1. Involves a building or land thatwas previously lawfully used for ause that is not in the ResidentialUse Class;
2. Is on land within or adjoining abusiness area;
3. Is on land having frontage to amain or principal road;
Built Form, Layout and StreetscapeS5Development is designed and constructedsuch that it is in keeping with the existingcharacter of the town, and having regard tothe following:
1. The location, scale, height and bulkof buildings on adjoining premisesand in the surrounding area;
2. The type of building materials usedin the construction of buildings onadjoining premises and in thesurrounding area;
3. The location of car parking on sitesin the vicinity; and
4. The location of any vegetation orstreet trees that contribute to thestreetscape.
Town – Commercial PrecinctP/A5.1Commercial buildings have a total site covernot exceeding 90%.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 95
Building SetbacksS6Building setbacks reflect the character ofexisting development and land uses, and areprovided having regard for the following:
1. The existing and proposed amenityof the area;
2. The existing or proposed futuredevelopment in the area;
3. The distance between anyconstructed road and the proposedbuilding;
4. The distance between any existingbuildings on other sites and theproposed building;
5. The location of any existingvegetation which would buffer theproposed building; and
6. Any constraints to development dueto the topography of the site.
P/A6.1Buildings and other structures haveboundary setbacks as follows:
1. Town – Commercial Precinct(a) setbacks of between 0m and
4m to any road frontage,provided that for Uses in theCommercial Use Class theroad frontage setback iswithin 2m of the road frontagesetback of any commercialbuildings on adjoining land;and
(b) Minimum building setbacks of4m to the rear boundary,where this abuts land in adifferent precinct
2. Town – Residential Precinct(a) Minimum setbacks of 6m to
the road frontage; and(b) Minimum setbacks of 3m to
any secondary road frontage.3. Town – Rural Residential Precinct
and Town – Investigation PrecinctAreas A – D(a) Minimum setbacks of 6m to
the road frontage; and(b) Minimum setbacks of 3m to
side boundaries.4. Town – Industrial Precinct, Town –
Light Industrial Precinct, Town –Community Precinct, Town –Recreation Precinct, Town –Utilities Precinct and Town –Airport Precinct(a) minimum setbacks of 6m to
the road frontage;(b) no specified setbacks for
other boundaries.
AccessS7All accesses are to be safe, reliable, easilyrecognised and efficient.
P/A7.1Vehicle access to be restricted to only oneroad frontage with lots with multiplefrontages. Where the principal streetfrontage is not obvious Council is tonominate the principal frontage.
Building HeightS9Building height reflects the character ofexisting development and land uses, andbuildings are provided having regard for thefollowing:
1. The existing and proposed amenityof the area;
2. The existing or proposed futuredevelopment in the area;
3. The efficient and safe operation of
P/A9.1Buildings and other structures havemaximum building heights as follows:
1. Town – Commercial Precinct –12m (except 15m for the areabounded by Opal, Ruby, Edgertonand Clermont Streets)
2. Town – Residential Precinct -8.5m
3. Town – Residential
PART 4 ZONES Town Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 96
any airstrips or airfields;4. The particular characteristics of the
proposed building;5. The distance of proposed buildings
from roads and other public placesfrom which the building could beviewed;
6. The topography, shape and locationof the site; and
7. The location of any existingvegetation which would buffer theproposed building.
Accommodation Precinct – 12m4. Town – Rural Residential Precinct
and the Town – InvestigationPrecinct Areas A - D – 8.5m
5. Town – Industrial Precinct – 15m6. Town – Light Industrial Precinct –
12m7. Town – Utilities Precinct – 12m8. Town – Community Precinct –
12m9. Town – Recreation Precinct –
12.5m10. Town – Airport Precinct – comply
with Division 2 EconomicResource Overlay for AircraftAffected Land
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 97
Division 4—Village ZoneAbout the Village Zone
The Village Zone, as mapped on Zone Maps 3 & 4 reflects the townships of Cometand Bogantungan.The Village Zone contains a distinct sub area, being the: Village – Business Area; Village – Balance Area
These sub areas are only present in Comet.The Village Zone Code regulates new uses and works in relation to their impacts onthe existing uses in the Area, their scale, design and location, and their compatibilitywith land in adjoining Areas.
4.4.1 Assessment tables for the Village Zone(1) Assessment categories for the Village Zone
The assessment categories35 are identified for development in the Village Zone inColumn 2 of Tables 4.4.1(1) and 4.4.1(2) as follows—1. Table 4.4.1(1)—making a material change of use36 for a defined use, or another
use in a defined use class, listed in Column 1; or2. Table 4.4.1(2)—other development37 listed in Column 1, including—
(i) carrying out building work;(ii) operational work, including but not limited to, filling and excavating,
and the placing of advertising devices;(iii) reconfiguring a lot; and(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Village ZoneThe relevant assessment criteria in the Village Zone are referred to in Column 3 ofTables 4.4.1(1) and 4.4.1(2).
For self-assessable and code assessable development, the relevant assessmentcriteria are the applicable codes.
35 Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide36 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
37 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 98
TABLE 4.4.1 (1)ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THE VILLAGE ZONE –
MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass3839
Column 2
Assessment category –
(where Self assessabledevelopment does not meet the
Acceptable Solutions in theapplicable codes, it requiresCode assessment. Refer to
Section 1.2.9),
Column 3
Relevant assessment criteria40—
are the applicable codes for selfassessable and code assessabledevelopment
Rural Use Class
Agriculture Self assessable if:
1. In the Village – Balance Areaand
2. On a lot over 2ha in area
Village Zone Code ;
Development Standards Code;
Agricultural Use Code
Code assessable if:
1. In the Village – Balance Area;and
2. On a lot 2ha or less in area
Village Zone Code ;
Development Standards Code;
Agricultural Use Code
Impact assessable if the circumstancesfor Self assessable or Code assessabledo not apply
Animal Husbandry Exempt where conducted on a StockRoute.
Self assessable if:
1. In the Village – Village –Balance Area; and
2. On a lot over 2ha in area
Village Zone Code ;
Development Standards Code;
Animals Code
Code assessable if:
1. In the Village – Balance Area;and
2. On a lot 2ha or less in area
Village Zone Code ;
Development Standards Code;
Animals Code
Impact assessable if the circumstancesfor Exempt, Self assessable or Codeassessable do not apply
Roadside stall Self assessable where the use areadoes not exceed 50m2
Village Zone Code ;
Development Standards Code
38 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes39 Department of Main Roads should be contacted to consent to the access arrangements for any new use with a
frontage to a State Controlled Road.40 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
PART 4 ZONES Village Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 99
Code assessable where thecircumstances for Self assessable donot apply
Village Zone Code ;
Development Standards Code
All other uses in the RuralUse Class
Impact assessable
Residential Use Class
Caretaker’s residence Code assessable if located in theVillage – Business Area.
Village Zone Code ;
Development Standards Code
Impact assessable in the Village –Balance Area.
Home hostaccommodation
Code assessable Village Zone Code;
Development Standards Code;
Home Host Accommodation Code;
House Code
House Self assessable Village Zone Code; and
Development Standards Code;
House Code
All other uses in theResidential Use Class
Impact assessable
Commercial Use Class
Commercial premises;
Shop; Food premises
Code assessable if:
1. Located in the Village Zone inBogantungan or the Village –Business Area in Comet; and
2. there is no drive-throughfacility.
Village Zone Code ;
Development Standards Code;
Commercial Development Code
Impact assessable if the circumstancesfor Self assessable or Code assessabledo not apply
All other uses in theCommercial Use Class
Impact assessable
Industrial Use Class
Landscape supplies;
Low impact industry
Vehicle and goods depot
Warehouse
Code assessable if located in theVillage Zone in Bogantungan or theVillage – Business Area in Comet
Village Zone Code ;
Development Standards Code
Impact assessable in all other Areas
All other uses in theIndustrial Use Class
Impact assessable
PART 4 ZONES Village Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 100
Community Use Class
Community purposes Code assessable for all Categories ofthe use where located in the VillageZone in Bogantungan or the Village –Business Area in Comet
Village Zone Code ;
Development Standards Code
Impact assessable for all Categories ofthe use in locations not specified forCode assessable
Open space Exempt N/A
Public facility – operational Exempt N/A
Public facility – other Impact assessable
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 101
TABLE 4.4.1 (2)ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THE VILLAGE ZONE –
OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessable developmentdoes not meet the Acceptable
Solutions in the applicable codes, itrequires Code assessment. Refer to
Section 1.2.9),
Column 3
Relevant assessmentcriteria41—
are the applicable codes forself assessable and codeassessable development
Operational work
Filling and excavating Exempt where less than 1m depth and lessthan 50m3
Village Zone Code ;
Development Design Code
Self assessable where the circumstances forExempt development are exceeded.
Village Zone Code ;
Development Design Code
Placing an advertising deviceon premises
Self assessable where the top of theadvertising device is not greater then 3mabove ground level and the sign relates toactivities conducted on the premises andwhere there is a maximum of two devicesper lot.
Village Zone Code ;
Development Design Code
Code assessable where the circumstancesfor self assessment do not apply and whereimpact assessment is not required.
Village Zone Code ;
Development Design Code
Impact assessable (bill board signs onlywhere the subject matter of the sign face isnot directly associated with the subjectland).
Work – Roads Code assessable Village Zone Code ;
Development Design Code
Work – Car Parking andAccess
Code assessable Village Zone Code ;
Development Design Code
Work – Water and Sewer Code assessable Village Zone Code ;
Development Design Code
Work – Stormwater Drainage Code assessable Village Zone Code ;
Development Design Code
Work – Electricity andTelecommunication Services
Code assessable Village Zone Code ;
Development Design Code
Work – Footpaths andCycleways
Code assessable Village Zone Code ;
Development Design Code
Work – Park provision Code assessable Village Zone Code ;
41 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
PART 4 ZONES Village Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 102
Development Design Code
Work – Street lighting andStreet signs
Code assessable Village Zone Code ;
Development Design Code
Work – Street trees Self assessable Village Zone Code ;
Development Design Code
Work – Landscaping Self assessable Village Zone Code ;
Development Design Code
Other Operational workassociated with a Code orImpact assessable MaterialChange of Use (not includingoperational work associatedwith reconfiguring a lot)
Code assessable Village Zone Code ;
Development Design Code
Reconfiguring a lot42
All circumstances Code assessable:
1. where the size of any additionallots created is:
a) not more than 5% below,
b) equal to, or
c) greater than,
the relevant specified minimumlot sizes in the Reconfiguring aLot Code; OR
2. where no additional lots arecreated and the proposal is for therearrangement of existing lotboundaries.
Village Zone Code;
Reconfiguring a Lot Code;
Development Standards Code; and
House Code.
Impact assessable where the circumstancesfor Code assessable do not apply.
Carrying out operational work for reconfiguring a lot
All circumstances Self assessable Village Zone Code;
Development Design Code.
Other
All other works Exempt N/A
42 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
PART 4 ZONES Village Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 103
4.4.2 Assessment criteria for the Village Zone(1) Village Zone Code
The provisions in this division comprise the Village Zone Code. They are—1. The Purpose of the Village Zone Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Village Zone – Table 4.4.2 Village Zone.
(2) The Purpose of the Village Zone CodeThe purpose of the Village Zone Code is to achieve the following overall outcomes:
1. Townships provide a mix of land uses, services and facilities that servesurrounding rural areas and contribute to the existing township character;
2. Townships provide access to sport and recreation facilities;3. Townships are viable centres as much as residential communities;4. Townships are consolidated within the boundary of the Zone; expansion beyond
the boundary is likely to compromise the use of Rural Zoned land for its intendedpurpose;
5. The Village - Business Area of Comet is clearly identifiable, and separate toadjoining residential areas;
6. Village communities continue to have limited water and sewer infrastructure, andsome sealed roads;
7. New development is consistent in location, design, scale and character to that ofsurrounding development, and has no significant adverse impacts upon thenatural environment;
8. Urban development is consolidated within Council’s Priority Infrastructure Area tomaximise infrastructure efficiencies and standards
9. Land capabilities and constraints are recognised by the delineation of differentAreas; the overall outcomes for each being specified below:
a) The overall outcomes sought for the Village - Business Area are:i. Consolidation of business and community purposes, and industrial
uses, with a focus on the main road;ii. The village centre is clearly identifiable, separate from residential
uses in the township;iii. The township character of the Area is preserved.
TABLE 4.4.2 VILLAGE ZONE
Specific outcomes (S) for Code and Impactassessable development
Probable Solutions (P) for Code and Impactassessable development;andAcceptable Solutions (A) for Self assessabledevelopment. (where Self assessable developmentdoes not meet the Acceptable Solutions in theapplicable codes, it requires Code assessment.Refer to Section 1.2.9)
All Uses and WorksEnvironmental considerationsS1Land uses and works are located and designed soas not to have significant negative impacts onnatural values of the environment including:1. Natural fauna and flora habitats;
P/A1.1All uses and works are setback a minimum of 50mfrom any watercourse, as measured to the top ofbank.
PART 4 ZONES Village Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 104
2. Water quality, watercourse integrity and, groundwater resources,
3. Soil and land resources. .
P1.2Despite the provisions of P/A1.1 above, thesetbacks for development, in particular the clearingof any vegetation, to riparian corridors are:
1. 50m widths along each side of waterwaysof stream order 1 and 2,
2. 100m widths along each side of creeks ofstream orders 3 &4, and
3. 200m widths along each side of rivers(stream orders 5 & 6). 43
P/A1.3Where the site and any newly created lots are is notconnected to the reticulated sewerage system, on-site disposal methods meet:
1. The Department of Natural Resources andWater On-site Sewerage Code (July 2002)or any subsequent update of that Code; and
2. AS/NZS 1547:2000 On-site DomesticWastewater Management.
P/A1.4Land is kept free of declared weeds and noxiousplant infestations, as detailed in the Emerald ShireCouncil Pest Management Plan.
AmenityS2Land uses and works have no significant impact onthe amenity of adjoining premises or surroundingarea:
1. By their design, orientation or constructionmaterials;
2. Due to the operation of machinery orelectrical equipment; or
3. Due to the emission of light, noise, vibration,odour, fumes, smoke, vapour, steam, soot,ash, grit, oil, dust, waste water, wasteproducts, or electrical interference.
and noise sensitive uses adjacent to a Statecontrolled road must seek to achieve appropriateacoustic amenity and noise sensitive developmentwithin 100 metres of the railway corridor is sited anddesigned to reduce the impact of rail noise
P2.1In partial solution of S2, specifically in relation toacoustic amenity near a State controlled road,development of:
1. Residential (whether for temporary orpermanent occupancy) habitable floors meetsthe following criteria:a. 60dB(A) L10 (18 hour) or less, where
existing levels measured at the deemed tocomply building setback distance from theroad are greater than 40dB(A) L90 (8 hour)between 10:00p.m. and 6:00a.m or
b) 57dB(A) L10 (18 hour) or less, whereexisting levels measured at the localgovernment deemed to comply dwellingsetback distance are less than or equal to40dB(A) L90 (8hour) between 10:00p.m.and 6:00a.m.
NOTE: where criteria in 1a and 1b cannot be met,internal maximum design criterion levels specified inTable 1, AS2107-1987 are acceptable
2. Balconies and formal external open spacemeet the following criteria:a) 60dB(A) L10 (18 hour) or less, where
existing levels measured at the deemedto comply dwelling setback distance aregreater than 45dB(A) L90 (18 hour); or
b) 57 dB(A) L10 (18 hour) or less, where
43 Clearing of any mapped remnant vegetation (as defined in Schedule 8 of the Integrated Planning Act 1997and Schedule 2 of the Integrated Planning Regulations 1998) will require application to Natural Resources and Water(on IDAS Form 1 Part J)..
PART 4 ZONES Village Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 105
existing levels measured at the deemedto comply dwelling setback distance areless than or equal to 45dB(A) L90 (18hour)
3. Educational, community and health buildings,parks, outdoor educational and recreationalareas and open space meet the followingcriteria:a) 63dB(A) 10 (12 hour) or less
“Formal external open space is the private orcommunal recreational area of a development“required” by this planning scheme.
P2.2Bedroom and living areas in residential uses andnoise sensitive areas in non-residential uses aresited and designed to reduce the impact of rail noiseby:
1. Siting noise affected areas as far away aspractical from the railway corridor noisesource; or
2. Using roof and wall insulation, mechanicalventilation, thickened glass, double glazingof windows and doors; or
3. Orienting openings (for example, windowsand doors) away from the rail corridor noisesource; or
4. Incorporating noise attenuation barrierssuch as earth mounds, landscaping andfences or walls without gaps between thenoise source and the use
Separation DistancesS3Land uses and works are located, and includemitigation measures that:
1. are sufficient to protect the amenity of thearea; and
2. are sufficient to protect the capacity forexisting and approved uses to continue tooperate; and
3. are sufficient to protect the opportunities forexisting and approved uses to expand inappropriately allocated /zoned land; and
4. for agricultural uses, are outlined inPlanning Guidelines: Separating Agriculturaland Residential Land Uses DNR and DLGP,1997;and
5. for the keeping of cattle, are outlined inSection 4 of the DPI Reference Manual forthe Establishment and Operation of BeefCattle Feedlots in Queensland, 2000; and
6. for the keeping of poultry, are outlined in theGuidelines for Poultry Farming inQueensland;
7. for the keeping of pigs, are outlined in theSeparation Guidelines for QueenslandPiggeries (2001); and
8. for development in proximity to
P/A3.1Uses in the Residential Use Class, except forhouses, home host accommodation and homebased businesses on lots with an area of 5ha orless, have separation distances between uses in theResidential Use Class and other uses, applicable toboth existing and approved uses, in accordancewith PART 4: Division 1(Rural Zone): Schedule A –Separation Distances Between Uses in theResidential Use Class and Other Uses.
P/A3.2Unless separation distances are otherwise providedin accordance with P/A3.1 above, the following isprovided:
1. Uses in the Residential Use Class haveminimum setbacks of 3m to any Non-Residential Use which exists on adjoiningland; and
2. Uses in the Commercial and Industrial UseClass and Community Purpose – otheruses have:a) Minimum setbacks of 2m to any use in
the Residential Use Class which existson adjoining land;
b) A solid fence with a minimum height of
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 106
watercourses and waterbodies, are outlinedin the SEQWATER DevelopmentAssessment Guidelines, prepared as acollaboration of State GovernmentDepartments; and
9. take into account the following variables:(a) The nature of the proposed land use;
and(b) The existing and future amenity of the
area; and(c) The existing and future development in
the area; and(d) The location of any existing vegetation
which would buffer the proposed use;and
(e) Predominant wind directions; and(f) The topography of the site.
1.8m on the shared boundary with anadjoining use in the Residential UseClass, which screens any buildings,parking and access areas; and
c) Refuse bin enclosures or refuse storageareas setback at least 3m from theshared boundary with an adjoining usein the Residential Use Class.
Built Form, Layout and StreetscapeS4Uses in the Commercial Use Class are designedand constructed such that they are in keeping withthe existing town/village character, and havingregard to the following:
1. The location, scale, height and bulk ofbuildings on adjoining premises and in thesurrounding area;
2. The type of building materials used in theconstruction of buildings on adjoiningpremises and in the surrounding area;
3. The provision of pedestrian pathways andshelter eg. overhang or verandahs along thestreet;
4. The location of car parking on sites in thevicinity; and
5. The location of any vegetation or streettrees that contribute to the streetscape.
P/A4.1Where verandahs or roof overhangs are providedfor pedestrian shelter across the front of anyadjoining development (whether on the road reserveor on the site), new buildings are designed toprovide similar structures to continue the areasheltered for pedestrians.
P/A4.2All existing street trees with the following featuresare retained:
1. A trunk girth greater than 50cm (measured1m from the ground);
2. Are over 2m in height; or3. Provide a shade canopy greater than 3m in
diameter.
Building SetbacksS5Building setbacks reflect the character of existingdevelopment and land uses, and are providedhaving regard for the following:
1. The existing and proposed amenity of thearea;
2. The existing or proposed futuredevelopment in the area;
3. The distance between any constructed roadand the proposed building;
4. The distance between any existing buildingson other sites and the proposed building;
5. The location of any existing vegetationwhich would buffer the proposed building;and
6. Any constraints to development due to thetopography of the site.
P/A5.1Buildings and other structures have boundarysetbacks as follows:
1. In the Village –Business Area are:(a) Setbacks of between 0m and 6m to any
road frontage, provided that for Uses inthe Commercial Use Class the roadfrontage setback is within 2m of the roadfrontage setback of any commercialbuildings on adjoining land; and
(b) No specific setback to any otherboundary; and
2. In other parts of the Zone are:(a) Minimum setbacks of 6m to any road
frontage; and(b) No specific setback to any other
boundary.
Building HeightS6Building height reflects the character of existing
P/A6.1Buildings and other structures have maximum
PART 4 ZONES Village Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 107
development and land uses, and buildings areprovided having regard for the following:
1. The existing and proposed amenity of thearea;
2. The existing or proposed futuredevelopment in the area;
3. The efficient and safe operation of anyairstrips or airfields;
4. The particular characteristics of theproposed building;
5. The distance of proposed buildings fromroads and other public places from whichthe building could be viewed;
6. The topography, shape and location of thesite; and
7. The location of any existing vegetationwhich would buffer the proposed building.
building heights as follows:1. In the Village –Business Area – 12m; and2. In other parts of the Zone – 8.5m.
AccessS7All accesses are to be safe, reliable, easilyrecognised and efficient.
P/A7.1Vehicle access to be restricted to only one roadfrontage with lots with multiple frontages. Where theprincipal street frontage is not obvious Council is tonominate the principal frontage.
PART 4 ZONES Gemfields Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 108
Division 5—Gemfields ZoneAbout the Gemfields Zone
The Gemfields Zone covers those areas as mapped on Zoning Maps 5 (a-e). Theseareas take in part of lands known as the Declared Fossicking Land and FossickingAreas as defined by the Department of Natural Resources and Water. TheDepartment should be consulted separately on intended land uses and activities.The Gemfields Zone includes the townships of Anakie, Rubyvale, Sapphire, theWillows and some of their surrounding areas.The Gemfields Zone contains a number of distinct sub areas, being the: Gemfields – Core Area; and Gemfields – Balance Area;
These sub areas are present in all settlements included in the Gemfields Zone;The Gemfields Zone Code regulates new uses and works, to the extent that isnecessary to protect the character of the Gemfields. Unlike other Zones in the Shire,this is achieved in many instances by the deliberate omission of or variation totraditional development requirements eg. road sealing, landscaped areas, regularbuilding and lot layouts. The mix of land uses and “organic” form of development isan integral part of the Gemfields character and reflects the areas history. Newdevelopment in the Gemfields is to reflect the ‘Character’ and similar sections of theGemfields Planning Study by Woods Bagot Pty Ltd and Town Planning Strategies PtyLtd as published by Emerald Shire Council 18 December 1997 (the GemfieldsPlanning Study 1997).
4.5.1 Assessment tables for the Gemfields Zone(1) Assessment categories for the Gemfields Zone
The assessment categories44 are identified for development in the Gemfields Zone inColumn 2 of Tables 4.5.1(1) and 4.5.1(2) as follows—1. Table 4.5.1(1)—making a material change of use45 for a defined use, or another
use in a defined use class, listed in Column 1; or2. Table 4.5.1(2)—other development46 listed in Column 1, including—
(i) carrying out building work;(ii) operational work, including but not limited to, filling and excavating,
and the placing of advertising devices;(iii) reconfiguring a lot; and(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Gemfields ZoneThe relevant assessment criteria in the Gemfields Zone are referred to in Column 3 ofTables 4.5.1(1) and 4.5.1(2).
For self-assessable and code assessable development, the relevant assessmentcriteria are the applicable codes.
44 Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide45 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
46 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
PART 4 ZONES Gemfields Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 109
TABLE 4.5.1 (1)ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THE GEMFIELDS
ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass47
Column 2
Assessment category –
(where Self assessabledevelopment does not meet the
Acceptable Solutions in theapplicable codes, it requiresCode assessment. Refer to
Section 1.2.9),
Column 3
Relevant assessment criteria48—
are the applicable codes for selfassessable and code assessabledevelopment
Rural Use Class
Agriculture Code assessable if on a lot 2ha ormore in area
Gemfields Zone Code ;
Development Standards Code; and
Agricultural Use Code
Impact assessable if the circumstancesfor Code assessable do not apply
Animal Husbandry Exempt where conducted on a StockRoute.
Self assessable if on a lot more than10ha in area
Gemfields Zone Code ;
Development Standards Code; and
Animals Code
Code assessable if on a lot between2ha and 10ha in area
Gemfields Zone Code ;
Development Standards Code; and
Animals Code
Impact assessable if the circumstancesfor Exempt, Self assessable or Codeassessable do not apply
Roadside stall Self assessable where the use areadoes not exceed 50m2
Gemfields Zone Code ; and
Development Standards Code
Code assessable where thecircumstances for Self assessable donot apply
Gemfields Zone Code ; and
Development Standards Code
All other uses in the RuralUse Class
Impact assessable
Residential Use Class
Accommodation Buildings Code assessable if:
1. Located in the Gemfields –
Gemfields Zone Code ;
Development Standards Code;
47 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes48 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
PART 4 ZONES Gemfields Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 110
Core Area; and
2. Not within the Policeman’sCreek mapped area on Map5a.
Accommodation Buildings Code
Impact assessable where thecircumstances for Code assessable donot apply.
Home hostaccommodation
Code assessable if:
1. Located in the Gemfields –Core Area; and
2. Not within the Policeman’sCreek mapped area on Map5a.
Gemfields Zone Code;
Development Standards Code;
Home Host Accommodation Code.
Impact assessable where thecircumstances for Code assessable donot apply.
House Self assessable if not within thePoliceman’s Creek mapped area onMap 5a.
Gemfields Zone Code; and
Development Standards Code; and
House Code
All other uses in theResidential Use Class
Impact assessable
Commercial Use Class
Caravan Park Code assessable if:
1. Located in the Gemfields –Core Area; and
2. Not within the Policeman’sCreek mapped area on Map5a.
Gemfields Zone Code ;
Development Standards Code;
Commercial Development Code; and
Caravan Parks and Worker’s AccommodationCode
Impact assessable where thecircumstances for Code assessable donot apply.
Commercial premises;
Shop
Code assessable if:
1. The total use area is lessthan 1000m2; and
2. Located in the Gemfields –Core Area; and
3. Not within the Policeman’sCreek mapped area on Map5a.
Gemfields Zone Code ;
Development Standards Code; and
Commercial Development Code
Impact assessable if the circumstancesfor Code assessable do not apply
Food premises Code assessable if:
1. The total use area does notexceed 100m2; and
2. There is no drive-throughfacility; and
3. Located in the Gemfields –Core Area; and
Gemfields Zone Code ;
Development Standards Code; and
Commercial Development Code
PART 4 ZONES Gemfields Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 111
4. Not within the Policeman’sCreek mapped area on Map5a.
Impact assessable if the circumstancesfor Code assessable do not apply
All other uses in theCommercial Use Class
Impact assessable
Industrial Use Class
Low impact industry Code assessable if:
1. Located in the Gemfields –Core Area; and
2. Not within the Policeman’sCreek mapped area on Map5a.
Gemfields Zone Code ; and
Development Standards Code
Impact assessable where thecircumstances for Code assessable donot apply.
All other uses in theIndustrial Use Class
Impact assessable
Community Use Class
Community purposes Code assessable for all Categories ofthe use if:
1. Located in the Gemfields –Core Area; and
2. Not within the Policeman’sCreek mapped area on Map5a.
Gemfields Zone Code ;
Development Standards Code
Impact assessable where thecircumstances for Code assessable donot apply.
Open space Exempt N/A
Public facility – operational Exempt N/A
Public facility – other Impact assessable
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 112
TABLE 4.5.1 (2)ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THE GEMFIELDS
ZONE – OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessable developmentdoes not meet the Acceptable
Solutions in the applicable codes, itrequires Code assessment. Refer to
Section 1.2.9),
Column 3
Relevant assessmentcriteria49—
are the applicable codes forself assessable and codeassessable development
Operational work
Filling and excavating Exempt where less than 1m depth and lessthan 50m3
Gemfields Zone Code ;
Development Design Code
Self assessable where the circumstances forExempt development are exceeded.
Gemfields Zone Code ;
Development Design Code
Code assessable where the circumstancesfor Exempt and Self assessable do not applyand not within the Policeman’s Creekmapped area on Map 5a.
Gemfields Zone Code ;
Development Design Code
Placing an advertising deviceon premises
Self assessable where the top of theadvertising device is not greater then 3mabove ground level and the sign relates toactivities conducted on the premises andwhere there is a maximum of two devicesper lot.
Gemfields Zone Code ;
Development Design Code
Code assessable where the circumstancesfor self assessment do not apply and whereimpact assessment is not required.
Gemfields Zone Code ;
Development Design Code
Impact assessable (bill board signs onlywhere the subject matter of the sign face isnot directly associated with the subjectland).
Work – Water and Sewer Code assessable Gemfields Zone Code ;
Development Design Code
Work – Stormwater Drainage Code assessable Gemfields Zone Code ;
Development Design Code
Work – Electricity andTelecommunication Services
Code assessable Gemfields Zone Code ;
Development Design Code
Work – Footpaths andCycleways
Code assessable Gemfields Zone Code ;
Development Design Code
Work – Park provision Code assessable Gemfields Zone Code ;
Development Design Code
49 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
PART 4 ZONES Gemfields Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 113
Work – Street lighting andStreet signs
Code assessable Gemfields Zone Code ;
Development Design Code
Work – Street trees Self assessable Gemfields Zone Code ;
Development Design Code
Work – Landscaping Self assessable Gemfields Zone Code ;
Development Design Code
Other Operational workassociated with a Code orImpact assessable MaterialChange of Use (not includingoperational work associatedwith reconfiguring a lot)
Code assessable Gemfields Zone Code ;
Development Design Code
Reconfiguring a lot50
All circumstances Code assessable Gemfields Zone Code;
Reconfiguring a Lot Code;
Development Standards Code; and
House Code .
Carrying out operational work for reconfiguring a lot
All circumstances Code assessable Gemfields Zone Code;
Development Design Code.
Other
All other works Exempt N/A
50 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 114
4.5.2 Assessment criteria for the Gemfields Zone(1) Gemfields Zone Code
The provisions in this division comprise the Gemfields Zone Code. They are—1. The Purpose of the Gemfields Zone Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Gemfields Zone – Table 4.5.2 Gemfields Zone.
(2) The Purpose of the Gemfields Zone CodeThe purpose of the Gemfields Zone Code is to achieve the following overalloutcomes:
1. The townships of Anakie, Rubyvale, Sapphire and the Willows accommodate amix of land uses that meet the needs of residents and visitors;
2. Townships provide access to sport and recreation facilities;3. All land uses in the Zone co exist with the sapphire mining industry, and without
compromising that industry;4. New development is to comply with the Character and similar sections of the
Gemfields Planning Study 1997. New development in conventional forms, stylesand materials does not detract from the character of the Gemfields; typified by:a) unique building forms and varied building materials;b) formless and undefined spaces such as those found in Sapphire;c) mining impacted landscapes;d) existing road patterns and road forms notably different in each individual
town; ande) distinctive man-made landmarks and advertising.
5. New commercial and accommodation development in each of the townships isconsistent with the promotion of tourism related to gem fossicking;
6. All new habitable buildings and newly created lots shall have access to agazetted road;
7. Land in the Zone may be used for rural uses, where the Specific Solutions forsetbacks and animal densities are met;
8. Areas for open space and recreation activities are not specifically defined, but areregulated by the land’s tenure;
9. The ‘Core’ and ‘Balance’ Areas each perform a different function within theGemfields Zone and represent distinct areas or groupings of compatible landuses;
10. Land on the boundaries of each of the Areas is of a nature, design andappearance that respects the scale and nature of uses in the adjoining Area;
11. Development within the mapped Policeman’s Creek area as shown on Map 5a isnot likely to cause further erosion or to unduely impede the flow of water in thatcreek. Development is to be safely located, constructed and maintained inrespect to potential floods.
12. Urban development is consolidated within Council’s Priority Infrastructure Area tomaximise infrastructure efficiencies and standards
13. The overall outcomes specific to each of the Areas within the Gemfields Zonelisted below, are achieved;
A. The overall outcomes sought for the Gemfields – Core Area are:1. Land within the Area is used for a mix of commercial, business
and small scale industrial uses associated with gem fossicking,as well as for residential uses;
2. Commercial uses orientated towards gem fossicking andassociated tourism services are particularly prevalent in the Area;
3. All new uses and newly created lots in the Area are connected toreticulated water and sewerage systems where ever possible;
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 115
4. All new uses and newly created lots in the Area have a higherstandard of road access to that of land in the Balance Area.
5. All new uses and newly created lots in the Area are todemonstrate that on-site solutions for water supply and seweragetreatment are available.
6. All new uses and newly created lots in the Policeman’s Creekmapped area are to be able to demonstrate that buildings aresafely located in respect to potential inundation.
B. The overall outcomes sought for the Gemfields – Balance Area are:1. Land within the Area is used predominantly for rural and
residential uses;2. Commercial uses orientated towards gem fossicking and
associated tourism services may locate in the Area where:i. They do not result in ribbon development along main
roads through the Zone;ii. They do not have significant negative impacts on existing
residential uses on nearby land;iii. They have access to a formed road;iv. They are within 200m of an existing non-residential use;v. Uses such as shops have a maximum total use area of
400m2; andvi. Appropriate setbacks are provided between the
proposed use and any nearby residential use.3. All new uses and newly created lots in the Area are to
demonstrate that on-site solutions for water supply and seweragetreatment are available;
4. All new uses and newly created lots in the Area have frontage toa formed and gazetted road.
5. All new uses and newly created lots in the Policeman’s Creekmapped area are to be able to demonstrate that buildings aresafely located in respect to potential inundation.
TABLE 4.5.2 GEMFIELDS ZONE
Specific outcomes (S) for Code and Impactassessable development
Probable Solutions (P) for Code and Impactassessable development;andAcceptable Solutions (A) for Self assessabledevelopment (where Self assessable developmentdoes not meet the Acceptable Solutions in theapplicable codes, it requires Code assessment.Refer to Section 1.2.9).
All Uses and WorksEnvironmental considerationsS1Land uses and works are located and designed soas not to have significant negative impacts onnatural values of the environment including:
1. Natural fauna and flora habitats;2. Water quality, watercourse integrity and,
ground water resources,3. Soil and land resources.
P/A1.1All uses and works are setback a minimum of 50mfrom any watercourse, as measured to the top ofbank.
P1.2Despite the provisions of P/A1.1 above, thesetbacks for development, in particular the clearingof any vegetation, to riparian corridors areconsistent with the State vegetation managementpolicy, and in particular the State code for clearingof vegetation on freehold land, which are:
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 116
1. 50m widths along each side ofwaterways of stream order 1 and 2,
2. 100m widths along each side ofcreeks of stream orders 3 &4, and
3. 200m widths along each side ofrivers (stream orders 5 & 6). 51
P/A1.3Where the site and any newly created lots are is notconnected to the reticulated sewerage system, on-site disposal methods meet:
1. The Department of Natural Resources andWater On-site Sewerage Code (July 2002)or any subsequent update of that Code; and
2. AS/NZS 1547:2000 On-site DomesticWastewater Management.
P/A1.4Land is kept free of declared weeds and noxiousplant infestations, as detailed in the Emerald ShireCouncil Pest Management Plan as amended.
AmenityS2Land uses and works have no significant impact onthe amenity of adjoining premises or surroundingarea:
1. By their design, orientation orconstruction materials and viacompliance with the Character andsimilar sections of the GemfieldsPlanning Study 1997;
2. Due to the operation of machinery orelectrical equipment; or
3. Due to the emission of light, noise,vibration, odour, fumes, smoke, vapour,steam, soot, ash, grit, oil, dust, wastewater, waste products, or electricalinterference.
And noise sensitive development within 100 metresof the railway corridor is sited and designed toreduce the impact of rail noise
P2.1In partial satisfaction of S2 Bedroom and livingareas in residential uses and noise sensitive areasin non-residential uses are sited and designed toreduce the impact of rail noise by:
1. Siting noise affected areas as far away aspractical from the railway corridor noisesource; or
2. Using roof and wall insulation, mechanicalventilation, thickened glass, double glazingof windows and doors; or
3. Orienting openings (for example, windowsand doors) away from the rail corridornoise source; or
4. Incorporating noise attenuation barrierssuch as earth mounds, landscaping andfences or walls without gaps between thenoise source and the use.
P2.2New development is to be consistent with theCharacter and similar sections of the GemfieldsPlanning Study 1997.
Separation DistancesS3Land uses and works are located, and includemitigation measures that:
1. Are sufficient to protect the amenity ofthe area; and
2. Are sufficient to protect the capacity forexisting and approved uses to continueto operate; and
3. Are sufficient to protect theopportunities for existing and approveduses to expand in appropriately
P/A3.1Uses in the Residential Use Class, except forhouses, home host accommodation and homebased businesses on lots with an area of 5ha orless, have separation distances between uses in theResidential Use Class and other uses, applicable toboth existing and approved uses, in accordancewith PART 4: Division 1(Rural Zone): Schedule A –Separation Distances Between Uses in theResidential Use Class and Other Uses.
51 Clearing of any mapped remnant vegetation (as defined in Schedule 8 of the Integrated Planning Act 1997 andSchedule 2 of the Integrated Planning Regulations 1998) will require application to Natural Resources andWater (on IDAS Form 1 Part J).
PART 4 ZONES Gemfields Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 117
allocated /zoned land; and4. For agricultural uses, are outlined in
Planning Guidelines: SeparatingAgricultural and Residential Land UsesDNR and DLGP, 1997;and
5. For the keeping of cattle, are outlined inSection 4 of the DPI Reference Manualfor the Establishment and Operation ofBeef Cattle Feedlots in Queensland,2000; and
6. For the keeping of poultry, are outlinedin the Guidelines for Poultry Farming inQueensland;
7. For the keeping of pigs, are outlined inthe Separation Guidelines forQueensland Piggeries (2001); and
8. For development in proximity towatercourses and waterbodies, areoutlined in the SEQWATERDevelopment Assessment Guidelines,prepared as a collaboration of StateGovernment Departments; and
9. Take into account the followingvariables:
a) The nature of the proposed landuse; and
b) The existing and future amenityof the area; and
c) The existing and futuredevelopment in the area; and
d) The location of any existingvegetation which would bufferthe proposed use; and
e) predominant wind directions;and
f) The topography of the site.
P/A3.2Unless separation distances are otherwise providedin accordance with P/A3.1 above, the following isprovided:
1. Uses in the Residential Use Class haveminimum setbacks of 3m to any Non-Residential Use which exists onadjoining land; and
2. Uses in the Commercial and IndustrialUse Class and Community Purpose –other uses have:
a) Minimum setbacks of 2m to anyuse in the Residential UseClass which exists on adjoiningland;
b) A solid fence with a minimumheight of 1.8m on the sharedboundary with an adjoining usein the Residential Use Class,which screens any buildings,parking and access areas; and
c) Refuse bin enclosures or refusestorage areas setback at least3m from the shared boundarywith an adjoining use in theResidential Use Class.
Built Form, Layout and StreetscapeS4Uses in the Commercial Use Class are designedand constructed such that they are in keeping withthe existing town/village character, and havingregard to the following:
1. The location, scale, height and bulk ofbuildings on adjoining premises and inthe surrounding area;
2. The type of building materials used inthe construction of buildings onadjoining premises and in thesurrounding area;
3. The provision of pedestrian pathwaysand shelter eg. overhang or verandahsalong the street;
4. The location of car parking on sites inthe vicinity; and
5. The location of any vegetation or streettrees that contribute to the streetscape.
P/A4.1Where verandahs or roof overhangs are providedfor pedestrian shelter across the front of anyadjoining development (whether on the road reserveor on the site), new buildings are designed toprovide similar structures to continue the areasheltered for pedestrians.
P/A4.2All existing street trees with the following featuresare retained:
1. A trunk girth greater than 50cm(measured 1m from the ground);
2. Are over 2m in height; or3. Provide a shade canopy greater than
3m in diameter.
P/A4.3New development is to be consistent with theCharacter and similar sections of the GemfieldsPlanning Study 1997.
Building Setbacks
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 118
S5Building setbacks reflect the character of existingdevelopment and land uses as set out in theCharacter and similar sections of the GemfieldsPlanning Study 1997., and are provided havingregard for the following:
1. The existing and proposed amenity of thearea;
2. The existing or proposed futuredevelopment in the area;
3. The distance between any constructed roadand the proposed building;
4. The distance between any existing buildingson other sites and the proposed building;
5. The location of any existing vegetationwhich would buffer the proposed building;and
6. Any constraints to development due to thetopography of the site.
P/A5.1Buildings and other structures have boundarysetbacks as follows:
1. In the Gemfields – Core Area are:setbacks of between 0m and 6m to any roadfrontage, provided that for Uses in theCommercial Use Class the road frontagesetback is within 2m of the road frontagesetback of any commercial buildings onadjoining land; andno specific setback to any other boundary;
2. In other parts of the Zone are:minimum setbacks of 6m to any roadfrontage; and no specific setback to anyother boundary.
Building HeightS6Building height reflects the character of existingdevelopment and land uses, and buildings areprovided having regard for the following:
1. The existing and proposed amenity of thearea;
2. The existing or proposed futuredevelopment in the area;
3. The efficient and safe operation of anyairstrips or airfields;
4. The particular characteristics of theproposed building;
5. The distance of proposed buildings fromroads and other public places from whichthe building could be viewed;
6. The topography, shape and location of thesite; and
7. The location of any existing vegetationwhich would buffer the proposed building.
P/A6.1Buildings and other structures have maximumbuilding heights as follows:
1. In the Gemfields – Core Area – 12m; and2. In other parts of the Zone – 8.5m.
AccessS7All accesses are to be safe, reliable, easilyrecognised and efficient.
P/A7.1Vehicle access to be restricted to only one roadfrontage with lots with multiple frontages. Where theprincipal street frontage is not obvious Council is tonominate the principal frontage.
PART 4 ZONES Special Industrial Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 119
Division 6—Special Industrial ZoneAbout the Special Industrial Zone
The Special Industrial Zone, as mapped on Zoning Map 6, generally relates to landincluding and adjacent to the Yamala Cotton Gin.The land in the Zone is earmarked for expansion of the existing Cotton Gin, for theco-location of related industries and for the location of heavy industrial uses whichdue to their size and nature are not suited to industrial allocated land in the town ofEmerald.The Special Industrial Zone Code regulates new uses and works in relation to theirimpacts on the natural values of the environment, separation distances betweenincompatible land uses in particular rural uses, the scale and location of new uses.
4.6.1 Assessment tables for the Special Industrial Zone(1) Assessment categories for the Special Industrial Zone
The assessment categories52 are identified for development in the Special IndustrialZone in Column 2 of Tables 4.6.1(1) and 4.6.1(2) as follows—(a) Table 4.6.1(1)—making a material change of use53 for a defined use, or
another use in a defined use class, listed in Column 1; or(b) Table 4.6.1(2)—other development54 listed in Column 1, including—
(i) carrying out building work;(ii) operational work, including but not limited to, filling and excavating,
and the placing of advertising devices;(iii) reconfiguring a lot; and(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Special Industrial ZoneThe relevant assessment criteria in the Special Industrial Zone are referred to inColumn 3 of Tables 4.6.1(1) and 4.6.1(2).
For self-assessable development and development requiring code assessment, therelevant assessment criteria are applicable codes.
52 Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide.53 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
54 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
PART 4 ZONES Special Industrial Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 120
TABLE 4.6.1 (1)ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THE SPECIAL
INDUSTRIAL ZONE – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass5556
Column 2
Assessment category –
(where Self assessable developmentdoes not meet the Acceptable
Solutions in the applicable codes, itrequires Code assessment. Refer to
Section 1.2.9),
Column 3
Relevant assessment criteria57—
are the applicable codes for selfassessable and code assessabledevelopment
Rural Use Class
Agriculture;
Stock saleyard
Self assessable Special Industrial Zone Code;
Development Standards Code
Animal husbandry Exempt where conducted on a Stock Route.
Self assessable where not conducted on aStock Route.
Special Industrial Zone Code;
Development Standards Code;
Animals Code
Roadside stall Self assessable where use area does notexceed 50m2
Special Industrial Zone Code;
Development Standards Code
Code assessable where circumstances forself assessable do not apply
Special Industrial Zone Code;
Development Standards Code
All other uses in the RuralUse Class
Impact assessable
Residential Use Class
Caretaker’s residence Code assessable Special Industrial Zone Code;
Development Standards Code
All other uses in theResidential Use Class
Impact assessable
Commercial Use Class
All uses in the CommercialUse Class
Impact assessable
Industrial Use Class
Low impact industry;
Medium impact industry
Code assessable Special Industrial Zone Code;
Development Standards Code
All other uses in theIndustrial Use Class
Impact assessable
55 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes56 Department of Main Roads should be contacted to consent to the access arrangements for any new use with a
frontage to a State Controlled Road.57 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
PART 4 ZONES Special Industrial Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 121
Community Use Class
Open space Exempt N/A
Public facility – operational Exempt N/A
All other uses in theCommunity Use Class
Impact assessable
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 122
TABLE 4.6.1 (2)ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THE SPECIAL
INDUSTRIAL ZONE – OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessable developmentdoes not meet the Acceptable
Solutions in the applicable codes, itrequires Code assessment. Refer to
Section 1.2.9),
Column 3
Relevant assessmentcriteria58—
are the applicable codes forself assessable and codeassessable development
Operational work
Filling and excavating Exempt where less than 1m depth and lessthan 50m3
Special Industrial Zone Code;
Development Design Code
Self assessable where the circumstances forExempt development are exceeded.
Special Industrial Zone Code;
Development Design Code
Placing an advertising deviceon premises
Self assessable where the top of theadvertising device is not greater then 3mabove ground level and the sign relates toactivities conducted on the premises andwhere there is a maximum of two devicesper lot.
Special Industrial Zone Code;
Development Design Code
Code assessable where the circumstancesfor self assessment do not apply and whereimpact assessment is not required.
Special Industrial Zone Code;
Development Design Code
Impact assessable (bill board signs onlywhere the subject matter of the sign face isnot directly associated with the subjectland).
Work – Roads Code assessable Special Industrial Zone Code;
Development Design Code
Work – Car Parking andAccess
Code assessable Special Industrial Zone Code;
Development Design Code
Work – Water and Sewer Code assessable Special Industrial Zone Code;
Development Design Code
Work – Stormwater Drainage Code assessable Special Industrial Zone Code;
Development Design Code
Work – Electricity andTelecommunication Services
Code assessable Special Industrial Zone Code;
Development Design Code
Work – Footpaths andCycleways
Code assessable Special Industrial Zone Code;
Development Design Code
58 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 123
Work – Park provision Code assessable Special Industrial Zone Code;
Development Design Code
Work – Street lighting andStreet signs
Code assessable Special Industrial Zone Code;
Development Design Code
Work – Street trees Self assessable Special Industrial Zone Code;
Development Design Code
Work – Landscaping Self assessable Special Industrial Zone Code;
Development Design Code
Other Operational workassociated with a Code orImpact assessable MaterialChange of Use (not includingoperational work associatedwith reconfiguring a lot)
Code assessable Special Industrial Zone Code;
Development Design Code
Reconfiguring a lot59
All circumstances Code assessable:
1. where the size of any additionallots created is:
a. not more than 5% below,
b. equal to, or
c. greater than,
the relevant specified minimumlot sizes in the Reconfiguring aLot Code; OR
2. where no additional lots arecreated and the proposal is for therearrangement of existing lotboundaries.
Special Industrial Zone Code;
Reconfiguring a Lot Code;
Development Standards Code; and
House Code .
Impact assessable where the circumstancesfor Code assessable do not apply.
Carrying out operational work for reconfiguring a lot
All circumstances Code assessable Special Industrial Zone Code;
Development Design Code
Other
All other works Exempt N/A
59 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
PART 4 ZONES Special Industrial Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 124
4.6.2 Assessment criteria for the Special Industrial Zone(1) Special Industrial Zone Code
The provisions in this division comprise the Special Industrial Zone Code. They are—1. The Purpose of the Special Industrial Zone Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Special Industrial Zone – Table 4.6.2. Special Industrial Zone.
(2) The Purpose of the Special Industrial Zone CodeThe purpose of the Special Industrial Zone Code is to achieve the following overalloutcomes:
1. The Yamala Cotton Gin, located within the Zone, is the node around which futureheavy industrial uses, industrial uses required to co-locate with the cotton gin, orindustrial uses which are reliant upon major road and rail access for bulk freight,are located.
2. The extent of future industrial land uses around the Yamala Cotton Gin, and landwhich allows for appropriate buffers to adjoining sensitive land uses, is limited tothe boundaries of the Zone.
3. Industrial development around the Yamala Cotton Gin only occurs where suchland uses:
a) are compatible with the cotton gin use;b) cannot by their size or nature locate in the Town – Light Industrial or
Town – Industrial Precincts, andc) are able to be provided with the necessary road, rail, water and sewerage
infrastructure;4. Uses in the Residential Use Class, with the only possible exception being
Caretaker’s Residences, are excluded from the Area to protect their safety andamenity.
TABLE 4.6.2 SPECIAL INDUSTRIAL ZONE
Specific outcomes (S) for Code and Impactassessable development
Probable Solutions (P) for Code and Impactassessable development;andAcceptable Solutions (A) for Self assessabledevelopment. (where Self assessable developmentdoes not meet the Acceptable Solutions in theapplicable codes, it requires Code assessment.Refer to Section 1.2.9)
All Uses and WorksEnvironmental ConsiderationsS1Land uses and works are located and designed soas not to have significant negative impacts onnatural values of the environment including:
1. Natural fauna and flora habitats;2. Water quality, watercourse integrity and,
ground water resources,3. Soil and land resources; and4. cultural heritage sites
P/A1.1All uses and works are setback a minimum of 50mfrom any watercourse, as measured to the top ofbank.
P1.2Despite the provisions of P/A1.1 above, thesetbacks for development, in particular the clearingof any vegetation, to riparian corridors are:
1. 50m widths along each side of waterwaysof stream order 1 and 2,
2. 100m widths along each side of creeks ofstream orders 3 &4, and
3. 200m widths along each side of rivers
PART 4 ZONES Special Industrial Zone
Planning Scheme for Emerald Shire (Amendment No. 3)2013 125
(stream orders 5 & 6). 60
P/A1.3Where the site and any newly created lots are notconnected to the reticulated sewerage system, on-site disposal methods meet:
1. The Department of Natural Resources andWater On-site Sewerage Code (July 2002)or any subsequent update of that Code; and
2. AS/NZS 1547:2000 On-site DomesticWastewater Management.
P/A1.4Land is kept free of declared weeds and noxiousplant infestations, as detailed in the Emerald ShireCouncil Pest Management Plan as amended.
AmenityS2Land uses and works have no significant impacton the amenity of adjoining premises orsurrounding area:
1. By their design, orientation or constructionmaterials;
2. Due to the operation of machinery orelectrical equipment; or
3. Due to the emission of light, noise,vibration, odour, fumes, smoke, vapour,steam, soot, ash, grit, oil, dust, wastewater, waste products, or electricalinterference.
P2.1No solutions specified.
S3Land uses are located such that the potentialimpacts of noise from major roads and rail lines isreduced.
P/A3.1Noise sensitive uses61 are located:
1. At least 100m from any frontage to a StateControlled Road; OR
2. Are only located within 100m of anyfrontage to a Main Road where:a) The Department of Main Roads has
consented to the location withoutconditions; or
b) The Department of Main Roads has setconditions on the development toreduce the impacts of traffic noise andthe development is undertaken inaccordance with those conditions.
P/A4.2Noise sensitive uses62 are located:
1. At least 100m from any frontage to a railline; OR
2. Are only located within 100m of anyfrontage to a rail line where:a) Queensland Transport has consented
60 Clearing of any mapped remnant vegetation (as defined in Schedule 8 of the Integrated Planning Act 1997 andSchedule 2 of the Integrated Planning Regulations 1998) will require application to Natural Resources and Water (onIDAS Form 1 Part J).61 See Administrative Definition of “Noise sensitive uses” contained in Section 2.1.1 Schedule B62 See Administrative Definition of “Noise sensitive uses” contained in Section 2.1.1 Schedule B
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to the location without conditions; orb) Queensland Transport has set
conditions on the development toreduce the impacts of railway noiseand the development is undertaken inaccordance with those conditions.
Separation DistancesS4Land uses and works are located, and includemitigation measures that:
1. Are sufficient to protect the amenity of thearea; and
2. Are sufficient to protect the capacity forexisting and approved uses to continue tooperate; and
3. Are sufficient to protect the opportunitiesfor existing and approved uses to expandin appropriately allocated /zoned land;and
4. For agricultural uses, are outlined inPlanning Guidelines: SeparatingAgricultural and Residential Land UsesDNR and DLGP, 1997;and
5. For the keeping of cattle, are outlined inSection 4 of the DPI Reference Manualfor the Establishment and Operation ofBeef Cattle Feedlots in Queensland,2000; and
6. For the keeping of poultry, are outlined inthe Guidelines for Poultry Farming inQueensland;
7. For the keeping of pigs, are outlined in theSeparation Guidelines for QueenslandPiggeries (2001); and
8. For development in proximity towatercourses and waterbodies, areoutlined in the SEQWATER DevelopmentAssessment Guidelines, prepared as acollaboration of State GovernmentDepartments; and
9. Take into account the following variables:(a) The nature of the proposed land use;
and(b) The existing and future amenity of the
area; and(c) The existing and future development in
the area; and(d) The location of any existing vegetation
which would buffer the proposed use;and
(e) predominant wind directions; and(f) The topography of the site.
P/A4.1Uses in the Residential Use Class, except forcaretakers dwelling on lots with an area of 5ha orless, have separation distances between uses in theResidential Use Class and other uses, applicable toboth existing and approved uses, in accordancewith PART 4: Division 1(Rural Zone): Schedule A –Separation Distances Between Uses in theResidential Use Class and Other Uses.
P/A4.2Aerial spraying, or the location of crops that will relyon aerial spraying are not conducted/located withinthe Zone.
Building SetbacksS5Building setbacks reflect the character of existingdevelopment and land uses, and are providedhaving regard for the following:
1. The existing and proposed amenity of the
P/A5.1Buildings and other structures have boundarysetbacks as follows:
1. On lots 1ha or less – 10m road frontagesetback and 3m side boundary setback;
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area;2. The existing or proposed future
development in the area;3. The distance between any constructed
road and the proposed building;4. The distance between any existing
buildings on other sites and the proposedbuilding;
5. The location of any existing vegetationwhich would buffer the proposed building;and
6. Any constraints to development due to thetopography of the site.
2. On lots more than 1ha – 10m road frontagesetback and 10m to other boundaries;
Building HeightS6Building height reflects the character of existingdevelopment and land uses, and buildings areprovided having regard for the following:
1. The existing and proposed amenity of thearea;
2. The existing or proposed futuredevelopment in the area;
3. The efficient and safe operation of anyairstrips or airfields;
4. The particular characteristics of theproposed building;
5. The distance of proposed buildings fromroads and other public places from whichthe building could be viewed;
6. The topography, shape and location of thesite; and
7. The location of any existing vegetationwhich would buffer the proposed building.
P/A6.1Buildings and other structures have maximumbuilding heights as follows:
1. On lots 1ha or less – 15m;2. On lots more than 1 ha – no specified limit.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 128
PART 5—OVERLAYS
Division 1—Natural Features and Conservation Overlays
About the Natural Features and Conservation OverlaysThe Natural Features and Conservation Overlays comprise the following: The Catchment Overlay; and The Heritage Places Overlay.
The Catchment Overlay regulates development which is in the declared EmeraldCatchment Area, as defined by the Water Act 2000 and the Water Regulation 2002,as shown by CONS-1, and as listed in Planning Policy No:1 Legal Descriptions ofLand Affected by the Rural – Historically Subdivided Area and Overlays. TheCatchment Overlay also regulates development on land adjacent to the Nogoa River.The Heritage Places Overlay regulates development which occurs on the site of, oron land immediately adjacent to sites contained on the Queensland HeritageRegister, as shown by CONS 2, and as and as listed in Planning Policy No. 1: LegalDescription of Land Affected by Overlays
5.1.1 Assessment tables for the Natural Features and ConservationOverlays
(1) Assessment categories for the Natural Features and Conservation OverlaysThe assessment categories63 are identified for development in the Natural Featuresand Conservation Overlays in Column 2 of Tables 5.1.1(1) and 5.1.1(2) as follows—(a) Table 5.1.1(1)—making a material change of use64 for a defined use, or
another use in a defined use class, listed in Column 1; or(b) Table 5.1.1(2)—other development65 listed in Column 1, including—
(i) carrying out building work;(ii) operational work, including but not limited to, filling and excavating,
and the placing of advertising devices;(iii) reconfiguring a lot;(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Natural Features and Conservation OverlaysThe relevant assessment criteria in the Natural Features and Conservation Overlaysare referred to in Column 3 of Tables 5.1.1(1) and 5.1.1(2).
For self-assessable development and development requiring code assessment, therelevant assessment criteria are applicable codes.
63 Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide64 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
65 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
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TABLE 5.1.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL FEATURES AND CONSERVATION OVERLAYS – MAKING A MATERIAL
CHANGE OF USE
Column 1
Defined use or useclass66
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria67—
are the applicable codes forself assessable and codeassessable development
Catchment OverlayRural Use ClassAgriculture;Animal Husbandry; andRoadside stallFossicking
Exempt N/A
Stock saleyard Code assessable Natural Features and ConservationOverlays Code – CatchmentOverlay
All other uses in theRural Use Class
Impact assessable
Residential Use ClassHouseHome HostRural Dwelling
Code assessable where the userequires the establishment orexpansion of an on-site wastedisposal system within the EmeraldDeclared Catchment Area
Natural Features and ConservationOverlays Code – CatchmentOverlay
All other uses in theResidential Use Class
Impact assessable
Commercial Use ClassOff street car park; andOutdoor entertainmentPlant NurseryCaravan ParkFood PremisesShop
Code assessable Natural Features and ConservationOverlays Code – CatchmentOverlay
All other uses in theCommercial Use Class
Impact assessable
Industrial Use CodeBulk store;Landscape supplies;Low impact industry;Transport terminal;Vehicle and goods
Code assessable Natural Features and ConservationOverlays Code – CatchmentOverlay
66 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes67 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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TABLE 5.1.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL FEATURES AND CONSERVATION OVERLAYS – MAKING A MATERIAL
CHANGE OF USE
Column 1
Defined use or useclass66
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria67—
are the applicable codes forself assessable and codeassessable development
depot; andWarehouse
All other uses in theIndustrial Use Class
Impact assessable
Community Use ClassOpen space;Public facility -operational
Exempt except where the use doesnot require the establishment orexpansion of an on-site wastedisposal system within the EmeraldDeclared Catchment Area
N/A
Open space;Public facility -operational
Code assessable where the userequires the establishment orexpansion of an on-site wastedisposal system within the EmeraldDeclared Catchment Area
Natural Features and ConservationOverlays Code – CatchmentOverlay
All other uses in theCommunity Use Class
Code assessable Natural Features and ConservationOverlays Code – CatchmentOverlay
Heritage Places OverlayRural Use ClassAll uses in the RuralUse Class
Self assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Residential Use ClassAll uses in theResidential Use Class
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Commercial Use ClassAll uses in theCommercial Use Class
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Industrial Use ClassAll uses in the IndustrialUse Class
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Community Use ClassOpen space; andPublic facility -operational
Exempt N/A
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TABLE 5.1.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL FEATURES AND CONSERVATION OVERLAYS – MAKING A MATERIAL
CHANGE OF USE
Column 1
Defined use or useclass66
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria67—
are the applicable codes forself assessable and codeassessable development
All other uses in theCommunity Use Class
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
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TABLE 5.1.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL FEATURES AND CONSERVATION OVERLAYS – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria68—
are the applicable codes forself assessable and codeassessable development
Catchment OverlayOperational workFilling and excavating Code assessable Natural Features and Conservation
Overlays Code –CatchmentOverlay
Work – Roads Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – Car Parking andAccess
Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – Water andSewer
Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – StormwaterDrainage
Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – Electricity andTelecommunicationServices
Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – Footpaths andCycleways
Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – Park provision Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – Street lightingand Street signs
Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – Street trees Self assessable Natural Features andConservation Overlays Code –Catchment Overlay
Work – Landscaping Code assessable Natural Features andConservation Overlays Code –Catchment Overlay
Other Operational workassociated with a Codeor Impact assessableMaterial Change of Use
Code assessable Natural Features and ConservationOverlays Code –CatchmentOverlay
68 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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TABLE 5.1.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL FEATURES AND CONSERVATION OVERLAYS – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria68—
are the applicable codes forself assessable and codeassessable development
(not includingoperational workassociated withreconfiguring a lot)Reconfiguring a lotAll circumstances Code assessable Natural Features and Conservation
Overlays Code –CatchmentOverlay
Carrying out operational work for reconfiguring a lotAll circumstances Code assessable Natural Features and Conservation
Overlays Code –CatchmentOverlay
OtherAll other works Exempt N/A
Heritage Places OverlayOperational workFilling and excavating Exempt where less than 1m depth
and less than 50m3N/A
Self assessable where thecircumstances for Exemptdevelopment are exceeded.
Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – Roads Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – Car Parking andAccess
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – Water andSewer
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – StormwaterDrainage
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – Electricity andTelecommunicationServices
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – Footpaths andCycleways
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – Park provision Code assessable Natural Features and Conservation
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TABLE 5.1.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL FEATURES AND CONSERVATION OVERLAYS – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria68—
are the applicable codes forself assessable and codeassessable development
Overlays Code – Heritage PlacesOverlay
Work – Street lightingand Street signs
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – Street trees Self assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Work – Landscaping Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Other Operational workassociated with a Codeor Impact assessableMaterial Change of Use(not includingoperational workassociated withreconfiguring a lot)
Code assessable Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Reconfiguring a lotAll circumstances Code assessable Natural Features and Conservation
Overlays Code – Heritage PlacesOverlay
Carrying out operational work for reconfiguring a lotAll circumstances Code assessable Natural Features and Conservation
Overlays Code – Heritage PlacesOverlay
OtherOther Operational workassociated with a Codeor Impact assessableMaterial Change of Use(not includingoperational workassociated withreconfiguring a lot)
Code assessable where associatedwith an assessable MaterialChange of Use
Natural Features and ConservationOverlays Code – Heritage PlacesOverlay
Exempt if the circumstances forCode assessable do not apply
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5.1.2 Assessment criteria for the Natural Features and ConservationOverlays
1. Natural Features and Conservation Overlays CodeThe provisions in this division comprise the Natural Features and ConservationOverlays Code. They are—a) the Purpose of the Natural Features and Conservation Overlays Code – Section
(2); andb) the Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Natural Features and Conservation Overlays – Table 5.1.2. Natural Features andConservation Overlays
2. The Purpose of the Natural Features and Conservation Overlays CodeThe purpose of the Natural Features and Conservation Overlays Code is to achievethe following overall outcomes:
a) The overall outcomes sought for the Catchment Overlay are:i. Water quality in the Fairbairn Dam Declared Catchment Area is protected
and maintained by appropriate conditioning of development approvals anddiscouraging incompatible land uses from establishing;
ii. Surface water quality of the Nogoa River and the quality of groundwateradjacent to the river is protected and maintained by appropriateconditioning of development approvals, buffering of developmentproposed adjacent to the river and compliance with the requirements ofthe Water Act 2000;
iii. Unserviced residential development, such as rural residentialdevelopment, is not located in the catchments; and
iv. Development that places excessive demands on water supply, to theextent that it would threaten the sustainable use of the water resources,is excluded from the catchments.
b) The overall outcomes sought for the Heritage Places Overlay are:i. Development does not significantly impact upon the values sought to be
protected for the heritage place; andii. Development that potentially threatens the values sought to be protected
for the heritage place, is excluded.
TABLE 5.1.2 NATURAL FEATURES AND CONSERVATIONOVERLAYS
Specific outcomes (S) for Code and Impactassessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meetthe Acceptable Solutions in the applicablecodes, it requires Code assessment.Refer to Section 1.2.9).
All Uses and Works on land in the Catchment Overlay (Excluding land in the Townor Village Zones)
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 136
Environmental ConsiderationsS1The ecological values and natural processesof the watercourses, water bodies andgroundwater in the catchment area areprotected and enhanced. Proponents mayutilize an ecological assessment reportingapproach in accord with an EcologicalAssessment Report and EnvironmentalManagement Plan, prepared in accordancewith PART 4 Division 2: Schedule A –Preparation of an Ecological AssessmentReports and Environmental ManagementPlans, is submitted with the developmentapplication, demonstrating that the proposal iscapable of achieving the following outcomesof S1 – S4
P1.1No Solutions Specified
Potential contaminantsS2The potential for contaminants enteringground and surface waters, either directly orby overland flow, is minimised with theprovision of adequate separation distancesbetween land uses with the potential toproduce waste or contaminants, and theground and surface waters within the Overlayarea.
P2.1A setback of:
1. 400 metres is provided from thefull supply level of LakeMaraboon and the Fairbairn Dam;
2. 100 meters is provided from thetop of bank of the Nogoa River;and
3. 100 meters is provided from anywatercourse within the Overlayarea;
to any of the following:1. Intensive agriculture (setback
measured to the areas activelyused for cropping);
2. Intensive animal husbandry(setback measured to fences orholding yards);
3. Stock saleyards;4. Any use which involves the
erection of dwellings or otheraccommodation units at a densitygreater than 1 dwelling unit per 1ha of site area and which isdefined as:a) A use in the Residential Use
Class; orb) Caravan park; orc) Any residential component of a
Community purposes use;5. Any use in the Commercial,
Industrial or Community UseClasses which has a floor area inexcess of 200m2 per 1ha of sitearea; and
6. Operational work involving theconstruction of roads and thelaying of services eg. storm waterdrainage, telecommunications;
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and7. Any form of waste disposal eg.
on-site effluent disposal, animalwastes.
P2.2Any existing vegetation, excluding weeds,in the setback referred to in P2.1 above,is retained.Note: Refer to the current Emerald ShireCouncil Pest Management Plan.
Effluent DisposalS3The capacity for on-site effluent disposal(animals effluent) is ascertained by moredetailed analysis of soil characteristics, thanthat otherwise required for developmentoutside the Catchment area, to confirm thatproposed methods of disposal will not havedetrimental impacts upon ground or surfacewater quality.
Proponents may prepare a site evaluation isundertaken and a report prepared andsubmitted with the development applicationwhich shows:1. That 3 test holes are conducted:
a) per lot or proposed lot whereReconfiguring a Lot; orb) in the site area where a new use isproposed;
2. The location of test holes on a scaled siteplan.
P3.1That the proposed method of wastetreatment and disposal shall meet:
1. The Department of NaturalResources and Water On-siteSewerage Code (July 2002) or anysubsequent update of that Code;and2. AS/NZS 1547:2000 On-siteDomestic WastewaterManagement.
Stormwater Drainage and RunoffS4Stormwater drainage and runoff:1. Is not discharged at a volume or frequency
that would degrade the ecology of thewatercourse or water body;
2. Is managed such that it maintains thenatural values of the watercourse or waterbody; and
3. Is managed such that any increase inwaterborne pollutants discharging into thewatercourse or water body is avoided.
4. For industrial development in the SpecialIndustrial Zone, a site based StormwaterManagement Plan is prepared for allstormwater management measures for theproposal.
P4.1No Solutions Specified
All Uses and Works on land in the Heritage Places OverlayS5Development:
1. Respects the cultural significance ofthe heritage place;
P/A5.1Development on land immediatelyadjoining the Heritage listed sites as perOverlay Map CONS 2 site:
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2. Is based on, and takes account of,all aspects of the culturalsignificance of the heritage place;and
3. Is sympathetic to and consistentwith the values sought to beprotected in the setting of theadjoining heritage place.
1. Does not obscure the view ofthe heritage place as seen frompublic places; and
2. Does not cast shadow over theheritage place.
Note: Development on the Heritage listedsites as per Overlay Map CONS 2 site isconsistent with the provisions of theQueensland Heritage Act 1992, as itrelates to sites on the QueenslandHeritage Register.
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Division 2—Economic Resources Overlays
About the Economic Resources OverlaysThe Economic Resources Overlays comprise the following: The Agricultural Land Class Overlay; The Mining Resources and Extractive Industries Overlay; and The Aircraft Affected Land Overlay.
The Agricultural Land Class Overlay regulates development to protect GoodQuality Agricultural Land from fragmentation and alienation by incompatible landuses. Good Quality Agricultural Land comprises land with Land Classes A, B &C1, as shown by RES 1, and as listed in Planning Policy No. 1: Legal Descriptionof Land Affected by Overlays.The Mining Resources Overlay and Extractive Industries Overlay regulatesdevelopment on, and within a 1000m radius of, land covered by Petroleum Leases,Mining Leases and Mineral Development Licences. The Overlay Map, RES 2, andas listed in Planning Policy No. 1: Legal Description of Land Affected by Overlays,does not show all land within the 1000m radius, but rather the text of the OverlayCode relates. It also regulates development on, and within a 500m radius of, landwhich is used for Extractive Industries, including Council operated quarries. TheOverlay Map, and as listed in Planning Policy No. 1: Legal Description of LandAffected by Overlays, does not show all land within 1000m or 500m radius, butrather the text of the Overlay Code relates.The Aircraft Affected Land Overlay regulates development which is in the vicinity ofthe Emerald Airport, as shown by Map RES 3 (sheets 1 – 3), and as listed inPlanning Policy No: 1 Legal Descriptions of Land Affected by Overlays.Development which is particularly sensitive to the potential impacts of theseeconomic resources eg. noise impacts on residential uses, and development whichis incompatible with the operation of these activities, is regulated by this Code.
5.2.1 Assessment tables for the Economic Resources Overlays(1) Assessment categories for the Economic Resources Overlays
The assessment categories 69 are identified for development in the EconomicResources Overlays in Column 2 of Tables 5.2.1(1) and 5.2.1(2) as follows—(a) Table 5.2.1(1)—making a material change of use70 for a defined use, or
another use in a defined use class, listed in Column 1; or(b) Table 5.2.1(2)—other development71 listed in Column 1, including—
(i) carrying out building work;(ii) operational work, including but not limited to, filling and excavating,
and the placing of advertising devices;(iii) reconfiguring a lot;(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Economic Resources Overlays
The relevant assessment criteria in the Economic Resources Overlays are referred toin Column 3 of Tables 5.2.1(1) and 5.2.1(2).
69 Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide70 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
71 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
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For self-assessable development and development requiring code assessment, therelevant assessment criteria are applicable codes.
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TABLE 5.2.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEECONOMIC RESOURCES OVERLAYS – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass72
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria73—
are the applicable codes forself assessable and codeassessable development
Agricultural Land Class OverlayRural Use ClassAll uses in the RuralUse Class
Exempt
Residential Use ClassHouseRural Dwelling
Exempt assessable Economic Resources OverlaysCode – Agricultural Land ClassOverlay
Caretaker’s residence;andHome hostaccommodation
Code assessable Economic Resources OverlaysCode – Agricultural Land ClassOverlay
All other uses in theResidential Use Class
Code assessable Economic Resources OverlaysCode – Agricultural Land ClassOverlay
Commercial Use ClassOutdoor entertainment Self assessable if:
1. located on landAgricultural LandClasses C2 or D; and
2. the only buildingsassociated with the useare amenities buildings.
Economic Resources OverlaysCode – Agricultural Land ClassOverlay
Code assessable if thecircumstances for Self assessabledo not apply
Economic Resources OverlaysCode – Agricultural Land ClassOverlay
All other uses in theCommercial Use Class
Code assessable Economic Resources OverlaysCode – Agricultural Land ClassOverlay
Industrial Use ClassAll uses in theIndustrial Use Class
Code assessable Economic Resources OverlaysCode – Agricultural Land ClassOverlay
Community Use ClassOpen space;Public facility –operational
Exempt
72 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes73 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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TABLE 5.2.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEECONOMIC RESOURCES OVERLAYS – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass72
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria73—
are the applicable codes forself assessable and codeassessable development
All other uses in theCommunity Use Class
Code assessable Economic Resources OverlaysCode – Agricultural Land ClassOverlay
Mining Resources OverlayAll Uses in all ClassesPublic facility –operational
Exempt N/A
HouseRural Dwelling
Code assessable Economic Resources OverlaysCode – Mining Resources Overlay
All other Uses in allClasses
Code assessable Economic Resources OverlaysCode – Mining Resources Overlay
Extractive Industries OverlayAll Uses in all ClassesPublic facility –operational
Exempt N/A
All other Uses in allClasses
Code assessable Economic Resources OverlaysCode – Extractive IndustriesOverlay
Aircraft Affected Land Overlay
Rural Use ClassAll uses in the RuralUse Class
Self assessable Economic Resources OverlaysCode – Aircraft Affected LandOverlay
Residential Use ClassAll uses in theResidential Use Class
Self assessable Economic Resources OverlaysCode – Aircraft Affected LandOverlay
Commercial Use ClassAll uses in theCommercial Use Class
Self assessable Economic Resources OverlaysCode – Aircraft Affected LandOverlay
Industrial Use ClassAll uses in theIndustrial Use Class
Self assessable Economic Resources OverlaysCode – Aircraft Affected LandOverlay
Community Use ClassPublic facility –operational
Exempt N/A
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TABLE 5.2.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEECONOMIC RESOURCES OVERLAYS – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or useclass72
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria73—
are the applicable codes forself assessable and codeassessable development
All other uses in theCommunity Use Class
Self assessable Economic Resources OverlaysCode – Aircraft Affected LandOverlay
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TABLE 5.2.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEECONOMIC RESOURCES OVERLAYS – OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessabledevelopment does not meet the
Acceptable Solutions in theapplicable codes, it requiresCode assessment. Refer to
Section 1.2.9)
Column 3
Relevant assessmentcriteria74—
are the applicable codes forself assessable and codeassessable development
Agricultural Land Class OverlayOperational workAll Operational workassociated with a Code orImpact assessable MaterialChange of Use (notincluding operational workassociated withreconfiguring a lot)
Exempt N/A
Reconfiguring a lotAll circumstances Code assessable Economic Resources Overlays
Code – Agricultural Land ClassOverlay
Carrying out operational work for reconfiguring a lotAll circumstances Exempt N/AOtherAll other development Exempt N/A
Mining Resources OverlayOperational workOther Operational workassociated with a Code orImpact assessable MaterialChange of Use (notincluding operational workassociated withreconfiguring a lot)
Exempt N/A
Reconfiguring a lotAll circumstances Code assessable Economic Resources Overlays
Code – Mining Resources OverlayCarrying out operational work for reconfiguring a lotAll circumstances Exempt N/AOtherAll other development Exempt N/A
Extractive Industries OverlayOperational workOther Operational workassociated with a Code or
Exempt N/A
74 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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TABLE 5.2.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEECONOMIC RESOURCES OVERLAYS – OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessabledevelopment does not meet the
Acceptable Solutions in theapplicable codes, it requiresCode assessment. Refer to
Section 1.2.9)
Column 3
Relevant assessmentcriteria74—
are the applicable codes forself assessable and codeassessable development
Impact assessable MaterialChange of Use (notincluding operational workassociated withreconfiguring a lot)Reconfiguring a lotAll circumstances Code assessable Economic Resources Overlays
Code – Extractive IndustriesOverlay
Carrying out operational work for reconfiguring a lotAll circumstances Exempt N/AOtherAll other development Exempt N/A
Aircraft Affected Land Overlay
Placing an advertisingdevice on premises,
Self assessable if identified as aconsistent advertising device in PART6: Division 8 - Development DesignCode: Schedule A - Types ofAdvertising Devices Consistent withthe Code , except for Pole or Pylonsigns and Roof signs
Economic Resources Overlays Code– Aircraft Affected Land Overlay
Code assessable where thecircumstances for Self assessabledevelopment do not apply
Economic Resources Overlays Code– Aircraft Affected Land Overlay
Work – Electricity andTelecommunicationServices
Code assessable Economic Resources Overlays Code– Aircraft Affected Land Overlay
Work – Street lighting andStreet signs
Code assessable Economic Resources Overlays Code– Aircraft Affected Land Overlay
Work – Street trees Code assessable Economic Resources Overlays Code– Aircraft Affected Land Overlay
Work – Landscaping Self assessable Economic Resources Overlays Code– Aircraft Affected Land Overlay
Other Operational workassociated with a Code orImpact assessable MaterialChange of Use (notincluding operational workassociated with
Exempt N/A
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TABLE 5.2.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEECONOMIC RESOURCES OVERLAYS – OTHER DEVELOPMENT
Column 1
Type of development
Column 2
Assessment category –
(where Self assessabledevelopment does not meet the
Acceptable Solutions in theapplicable codes, it requiresCode assessment. Refer to
Section 1.2.9)
Column 3
Relevant assessmentcriteria74—
are the applicable codes forself assessable and codeassessable development
reconfiguring a lot)
Other Operational work notassociated with a Code orImpact assessable MaterialChange of Use (notincluding operational workassociated withreconfiguring a lot)
Code assessable Economic Resources Overlays Code– Aircraft Affected Land Overlay
Reconfiguring a lot75
All circumstances Code assessable:
1. Where the lot size of anyadditional lots created, isequal to or greater than, therelevant specified minimumlot sizes in the Reconfiguringa Lot Code; OR
2. Where no additional lots arecreated and the proposal isfor the rearrangement ofexisting lot boundaries.
Economic Resources Overlays Code– Aircraft Affected Land Overlay
Impact assessable where thecircumstances for Code assessabledo not apply.
Carrying out operational work for reconfiguring a lot
All circumstances Exempt N/A
Other
All other works Exempt N/A
75 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
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5.2.2 Assessment criteria for the Economic Resources Overlays(1) Economic Resources Overlays Code
The provisions in this division comprise the Economic Resources Overlays Code.They are—1. The Purpose of the Economic Resources Overlays Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Economic Resources Overlays – Table 5.2.2. Economic Resources Overlays
(2) The Purpose of the Economic Resources Overlays CodeThe purpose of the Economic Resources Overlays Code is to achieve the followingoverall outcomes:1. The overall outcomes sought for the Agricultural Land Class Overlay are:
a) Agricultural, intensive agriculture and animal husbandry that continue tomake a significant contribution to the Shire’s economy, are sited on landappropriate capability and suitability and are the dominant land uses inthe Overlay area.
b) All productive agricultural land is protected from the encroachment ofincompatible uses and from excessive fragmentation into lot sizes thatare not viable for agriculture;
c) Incompatible non-rural uses are excluded from the Overlay area toprotect their amenity, and particularly to protect against the effects ofaerial spraying; and other impacts as a result of intensive cropping;
d) Houses are the only exception to (c). above, provided that the housesare located such as to minimise potential conflicts with agriculturalactivities.
2. The overall outcomes sought for the Mining Resources and ExtractiveIndustries Overlay are:a) Mineral resources and associated mining tenements and minerals and
extractive resources occurring in designated Key Resources Areas inthe Shire continue to be resources of major significance to the Shireand State;
b) Uses and Works in the vicinity of mining tenements and withindesignated Key Resource Areas are compatible with the extractionoperations associated with the mineral resource; and
c) Uses and Works in the vicinity of haul routes for mining tenements donot compromise haul routes or direct access routes to the mineralresources.
d) Extractive industries in the Shire continue to be resources of majoreconomic significance to the Shire and State;
e) Uses and Works in the vicinity of extractive industries are compatiblewith the extraction operations associated with the extractive resources;
f) Uses and Works in the vicinity of extractive industries do notcompromise haul routes or direct access routes to the extractiveresources.
3. The overall outcomes sought for the Aircraft Affected Land Overlay are:a) The Emerald Airport and other aviation facilities are protected from the
adverse impacts of development, thereby contributing to safe andefficient operation of the airport facilities;
b) Building and structure height is regulated to ensure they do not impedeairport operations or operation of aviation facilities; and
c) Uses which would encourage bird life or provide bird habitats areexcluded from the affected land area to ensure they do not impedeairstrip and airport operations.
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TABLE 5.2.2 ECONOMIC RESOURCES OVERLAYS
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicablecodes, it requires Code assessment. Referto Section 1.2.9)
All Uses and Works on land in the Agricultural Land Class OverlayAll Development on Good Quality Agricultural Land shown as Class A, B or C1 landin the Agricultural Land Class OverlayS1Land uses and newly created lots arelocated and designed so as not to limit theproductivity, viability or use of Good QualityAgricultural Land for agricultural purposes.
Notes:Proponents may demonstrate through adetailed assessment of the agriculturalquality of the subject land prepared inaccordance with the Planning Guideline:“The Identification of Good QualityAgricultural Land” by a suitably qualifiedperson that; the land has agriculturalpotential different to that as mapped on theAgricultural Land Class Overlay Map RES– 1
Land uses and newly created lots arelocated on Good Quality Agricultural Land:
where:(a) there are no impacts on
existing adjacent rural usesdue to the use of separationdistances or buffers; and
(b) it has been demonstrated thatthere is an overriding needfor the development in termsof public benefit and no othersite is suitable and availablefor the purpose
P1.1No Solutions Specified
All Development on Land shown as Class C2 or C3 land in the Agricultural LandClass OverlayS2Land uses and newly created lots arelocated and designed so as not to limit theproductivity or viability of agriculturalactivities on Class C2 and C3 grazing land.
P2.1No solutions specified
All Uses and Works on land in the Mining Resources OverlayS3Development in the vicinity of Mining
P3.1Houses, Home Host Accommodation, and
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Tenements or within Key Resource Areasdoes not compromise the utilisation ofmineral resources and haul routes oraccess routes to the mineral resources, asit:
1. Does not adversely affect the safeand efficient operation of themining related activities;
2. Is sited, designed or of a naturethat ensures that the use is notsensitive to the potential impactsof mining related activities suchnoise and dust emissions; and
3. Makes provision for buffersbetween the mineral resources andnew development.
Home Based Businesses and anyCommunity purpose – government orCommunity purposes – other, on lots whichshare a boundary with land identified as amining tenement, are located separatedfrom the mining tenement by at least
1. 1,000m where the operation involvesblasting;
2. 200m where blasting or intrusiveprocessing is not involved;
3. 100m distance each side of atransport corridor associated withthe extractive or mining resource.76
Note: The above separation distancesshould be taken from the boundary of themining lease or the mineral developmentlicence.
All Uses and Works on land in the Extractive Industries OverlayS4Development in the vicinity of ExtractiveIndustries or within Key Resource Areasdoes not compromise the current or futureutilisation of extractive resources and haulroutes or access routes to the extractiveresources, as it:
1. Does not adversely affect the safeand efficient operation ofextractive industries;
2. Is sited, designed or of a naturethat ensures that the use is notsensitive to the potential impactsof extractive industries such noiseand dust emissions.
3. Makes provision for buffers betweenthe extractive industries and newdevelopment.
P4.1Houses, Home Host Accommodation, HomeBased Businesses and any Communitypurposes – government or Communitypurposes – other, on lots which share aboundary with land identified as anextractive industry, are separated from theextractive industry by at least:
1. 1,000m where the operationinvolves blasting;
2. 200m where blasting or intrusiveprocessing is not involved;
3. 100m distance each side of atransport corridor associated withthe extractive or mining resource. 77
Note: The above separation distancesshould be taken from the boundary of theextractive industry approval area.
All Uses and Works on Aircraft Affected Land78
S5Development:
1. Is compatible with aircraftoperations in respect to noise i.e.the new development would notgive rise for future residents orusers to be disturbed by the noiseassociated with the airportfunctions.
2. Does not cause an obstruction orother potential hazard to aircraftmovement associated with theairport by way of:
P/A5.11. Development adjacent to the
Emerald Airport shall be in accordwith the table for Land UseCompatibility Advice for Areas inthe Vicinity of Australian Airports asset out on Overlay Map – Res – 3(Sheet 1)
2. The maximum height fordevelopment or temporaryconstruction works associated withdevelopment identified within theObstacle Limitation Surfaces (OLS)
76 All Development applications for material change of use, or reconfiguring a lot which create additional lots, willbe referred to the Department of Natural Resources and Water for comment, and any such comments will betaken into account by Council in deciding applications.
77 All Development applications for material change of use, or reconfiguring a lot which create additional lots, willbe referred to the Department of Natural Resources and Water for comment, and any such comments will betaken into account by Council in deciding applications.
77/ If deemed necessary, the Civil Aviation Safety Authority may be consulted as a third party advice agency
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a. The physical intrusion ofbuildings or other structuresin to the airport’s operationarea; or
b. Attracting birds and/or batsto the area which couldcause or contribute to bird-strike hazard; or
c. Providing very brightlighting or lighting similar toaerodrome lighting, whichcould cause distraction orconfusion to aircraft orinterference by distractingor temporarily interferingwith a pilot’s vision orconfusing a pilot because ofsimilarities to approach orrunway lighting; or
d. Interfering with navigationor communication facilities;or
e. Emissions that may affectpilot visibility or aircraftoperations; or
f. Transient intrusions into theairport’s operationalairspace; or
g. Rubbish tips and wastefacilities are not located soas to adversely impact onaircraft operations; and
3. Is located and designed havingregard to the SPP 1/02 Guideline:Development in the Vicinity ofCertain Airports and AviationFacilities.
of the Emerald Airport as delineatedon Overlay Map no. RES-3 (Sheet2) is limited to 12 metres78; and
3. Uses involving temporary orpermanent aviation activities arenot located beneath operationalairspace as delineated by ObstacleLimitation Surfaces on Overlay MapRES-3 (Sheet 2)
P/A5.2Riding schools, racetracks, fair grounds,outdoor theatres are located at least 3kmfrom the airport runway – see Overlay MapRes 3 (Sheet 3).
P/A5.3Uses involving food processing or abattoiror stock selling centre or fruit production orturf production or aquaculture or pigproduction or keeping of wildlife inenclosures are not located within the 3kilometre buffer zone as indicated on mapOverlay Map – Res 3 (Sheet 3). Wherethese uses are located in the 3 to 8kilometres buffer zone, as indicated on mapOverlay Map – Res 3 (Sheet 3), potentialfood/waste sources are covered andcollected so that they are not accessible towildlife and for fruit and turf production,wildlife deterrence measures are carriedout.
P/A5.4The disposal of putrescible waste will notoccur within the 13 kilometre buffer zone asindicated on Overlay Map – Res 3 (Sheet3).
P/A5.5Uses or works do not emit a gaseous plumeat a velocity exceeding 4.3m per second orsmoke or dust or ash or steam within theairport’s operational airspace.
P/A 5.6Lighting complies with the standardsspecified in the CASA guidelines “LightingNear Aerodromes: Advice to LightingDesigners”.
S6Development:
1. Does not intensify uses in the areassurrounding the airport which arelikely to increase risks to publicsafety; and
2. Is located and designed having
P6.1Land located in the path of any axis of theAircraft Affected Land (i.e. 1km from eitherend of the main E-W airport runway), is notdeveloped for the purposes of:
1. New uses or the intensification ofexisting uses in the Residential,‘
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regard to the SPP 1/02 Guideline:Development in the Vicinity ofCertain Airports and AviationFacilities; and
3. Is located and designed havingregard to Australian Standard AS2021-2000 Acoustics – AircraftNoise Intrusion – Building Siting andConstruction .
Commercial Use Classes, orCommunity purposes - other; or
2. Producing or bulk storage ofhazardous or flammable goods.
S7Development does not impair the function ofthe NDB aviation facility in Emerald Shire bycreating physical obstructions or electrical orelectromagnetic interference with aircraftnavigation systems.
P7.1Works or uses are not located within thesensitive area of the Emerald Airport, Non,Directional Beacon (NDB) site, as depictedby a triangle and labelled “NCB495” onOverlay Map No Res-3 (Sheet 3), thatinvolves any:
1. Buildings, structures or other workswithin 60 metres of the site, or
2. Metallic buildings or structuresbetween 60 and 150 metres of thesite, or
3. Buildings or structures with a sizegreater than 2.5 metres in anydimension between 60 and 150metres of the site, or
4. Other works between 60 and 150metres of the site which exceed 3metres in height, or
5. Buildings, structures or other worksbetween 150 and 500 metres of thesite which exceed 7.9 metres inheight.
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Division 3—Major Utilities Overlays
About the Major Utilities OverlaysThe Major Utilities Overlays comprise the following: The Plant and Refuse Site Overlay.
The Plant and Refuse Site Overlay regulates development which is in the vicinity ofthese forms of infrastructure, as shown by maps UTIL 1, and as listed in PlanningPolicy No. 1: Legal Description of Land Affected by Overlays.Development which is particularly sensitive to the potential impacts of these types ofinfrastructure eg. safety risks to residents in proximity of powerlines, anddevelopment which is incompatible with the operation of these activities, is regulatedby this Code.
5.3.1 Assessment tables for the Major Utilities Overlays(1) Assessment categories for the Major Utilities Overlays
The assessment categories79 are identified for development in the Major UtilitiesOverlays in Column 2 of Tables 5.3.1(1) and 5.3.1(2) as follows—(a) Table 5.3.1(1)—making a material change of use80 for a defined use, or
another use in a defined use class, listed in Column 1; or(b) Table 5.3.1(2)—other development81 listed in Column 1, including—
(i) carrying out building work;(ii) operational work, including but not limited to, filling and excavating,
and the placing of advertising devices;(iii) reconfiguring a lot;(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Major Utilities OverlaysThe relevant assessment criteria in the Major Utilities Overlays are referred to inColumn 3 of Tables 5.3.1(1) and 5.3.1(2).
For self-assessable development and development requiring code assessment, therelevant assessment criteria are applicable codes.
79 Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide80 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
81 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
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TABLE 5.3.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEMAJOR UTILITIES OVERLAYS – MAKING A MATERIAL CHANGE OF US
Column 1
Defined use or useclass82
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria83—
are the applicable codes forself assessable and codeassessable development
Plant and Refuse Site Overlay *Rural Use ClassAll uses in the RuralUse Class
Exempt N/A
Residential Use ClassAll uses in theResidential Use Class
Self assessable Major Utilities Overlays Code –Plant and Refuse Site Overlay
Commercial Use ClassCaravan Park; andHotel
Self assessable Major Utilities Overlays Code –Plant and Refuse Site Overlay
All other uses in theCommercial Use Class
Exempt N/A
Industrial Use ClassAll uses in the IndustrialUse Class
Exempt N/A
Community Use ClassCommunity purposes;Public facility – other
Self assessable Major Utilities Overlays Code –Plant and Refuse Site Overlay
All other uses in theCommunity Use Class
Exempt N/A
* See Schedule A to this Division
82 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes83 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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TABLE 5.3.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THEMAJOR UTILITIES OVERLAYS – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9)
Column 3
Relevant assessmentcriteria84—
are the applicable codes forself assessable and codeassessable development
Plant and Refuse Site OverlayOperational workAll Operational workassociated with a Codeor Impact assessableMaterial Change of Use(not includingoperational workassociated withreconfiguring a lot)
Exempt N/A
Reconfiguring a lotAll circumstances Code assessable Major Utilities Overlays Code –
Plant and Refuse Site OverlayCarrying out operational work for reconfiguring a lotAll circumstances Exempt N/AOtherAll other development Exempt N/A
84 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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5.3.2 Assessment criteria for the Major Utilities Overlay(1) Major Utilities Overlays Code
The provisions in this division comprise the Major Utilities Overlays Code. They are—1. the Purpose of the Major Utilities Overlays Code – Section (2);and2. the Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Major Utilities Overlays – Table 5.3.2. Major Utilities Overlays
(2) The Purpose of the Major Utilities Overlays CodeThe purpose of the Major Utilities Overlays Code is to achieve the following overalloutcomes:1. Community infrastructure delivery, including electricity transmission lines,
sewerage treatment plants and waste disposal facilities, is facilitated by theprovision of suitable and adequate land for the operation and maintenance ofthe infrastructure;
2. The co-location of other land uses and the undertaking of works within theseareas, do not comprise the primary community infrastructure purpose of theland;
3. Minimum separation distances are established to provide buffers betweenincompatible land uses and works, and major utilities.
TABLE 5.3.2 MAJOR UTILITIES OVERLAYS
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicablecodes, it requires Code assessment. Referto Section 1.2.9)
All Uses and Works on land in the Plant and Refuse OverlayAll DevelopmentS1Development in the vicinity of the sewerageand water treatment plants and refusetransfer stations:
1. Does not adversely affect the safeand efficient operation of thefacility;
2. Is not a use which requires a highlevel of amenity; and
3. Makes provision for adequatebuffers between the facility andnew development.
P/A1.1The site area for all uses in the ResidentialUse Class, Community Purpose uses,Public Facility – other, Caretaker’sresidences, Caravan Parks, Hotels, andAccommodation Buildings or FoodPremises have a minimum separationdistance as shown in Division 3: Schedule A– Separation distances to Water andSewerage Treatment Plants, and RefuseSites.
Reconfiguring a LotS2Development in the vicinity of the sewerageand water treatment plants and refusetransfer stations:
1. Does not adversely affect the safeand efficient operation of thefacility; and
2. Makes provision for adequatebuffers between the facility andnew development.
P2.1Development applications for Reconfiguringa Lot have:
1. lot sizes, shapes and configurationof lots that allow for buildingenvelopes and any associatedexternal activity areas for intendeduses in the relevantZone/Precinct;
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Division 3: Schedule A – Separation distances to Water and Sewerage Treatment Plants,and Refuse Sites.
Facility SeparationEmerald Sewerage Treatment Plant 400mOther Sewerage Treatment Plant 400mEmerald Water Treatment Plant 400mOther Water Treatment Plants 400mEmerald Refuse Station 400mOther Refuse Stations (includingLochlees Road Landfill)
400m
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Division 4—Natural Disaster Overlays
About the Natural Disaster OverlaysThe Natural Disaster Overlays comprise the following: The Bushfire Hazard Overlay; The Landslip Prone Land Overlay; The Flood Hazard Overlay – Floodplain
AssessmentThe Bushfire Hazard Overlay regulates development on, and within 100m and 50m ofHigh Hazard Severity areas and Medium Hazard Severity areas, respectively, asshown by Map NDIS - 1, and as listed in Planning Policy No:1 Legal Descriptions ofLand Affected by Overlays.The Landslip Prone Land Overlay regulates development which is on steep slopes,being those of 15% or greater, anywhere in the Shire. There is no specific OverlayMap, as contour information across the total shire is not available.The Flood Hazard Overlay – Floodplain Assessment regulates development wholly orpartially within the identified floodplain area on Maps NDIS –2, 3 and 4._85_______Development which is particularly sensitive to the potential impacts of these hazardseg. safety risks to residential development, and development which is incompatiblewith the hazards, is regulated by this Code.
5.4.1 Assessment tables for the Natural Disaster Overlays(1) Assessment categories for the Natural Disaster Overlays
The assessment categories86 are identified for development in the Natural DisasterOverlays in Column 2 of Tables 5.4.1(1) and 5.4.1(2) as follows—(a) Table 5.4.1(1)—making a material change of use87 for a defined use, or
another use in a defined use class, listed in Column 1; or(b) Table 5.4.1(2)—other development88 listed in Column 1, including—
(i) carrying out building work;(ii) operational work, including but not limited to, filling and excavating,
and the placing of advertising devices;(iii) reconfiguring a lot;(iv) carrying out operational work for reconfiguring a lot.
(2) Relevant assessment criteria for self assessable and assessable developmentin the Natural Disaster OverlaysThe relevant assessment criteria in the Natural Disaster Overlays are referred to inColumn 3 of Tables 5.4.1(1) and 5.4.1(2).
For self-assessable development and development requiring code assessment, therelevant assessment criteria are applicable codes.
85 The Queensland Flood Commission of Inquiry (the Commission) is currently investigating the 2010/2011 flooddisaster that caused widespread devastation across Queensland.
The Commission is likely to review the existing town planning provisions related to flooding and flood riskmitigation. The final report of the Commission may recommend changes to State Planning Policy 1/03 andTemporary State Planning Policy 2/11: Planning for stronger more resilient floodplains which may haveimplications for the Emerald Planning Scheme.
Consequently, the provisions of the planning scheme with respect to the management of flooding and flood riskmitigation may be subject to change at the direction of the Queensland Government or Central HighlandsRegional Council in the near future. This should be taken into account by applicants and assessment managerswhen considering development in this area. Applicants are advised to make relevant enquiries regarding thestatus of the provisions relating to flooding.
86 Information about assessment categories is provided in the Emerald Shire Planning Scheme User’s Guide87 Works associated with an application for a material change of use may be assessed together with the material
change of use. Also, see Emerald Shire Planning Scheme Explanatory Notes giving examples that explain thetype of development involved in different proposals.
88 See Emerald Shire Planning Scheme Explanatory Notes giving examples that explain the type of developmentinvolved in different proposals.
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TABLE 5.4.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL DISASTER OVERLAYS – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or use class89
Column 2
Assessment category –
(where Self assessabledevelopment does notmeet the Acceptable
Solutions in theapplicable codes, it
requires Codeassessment. Refer to
Section 1.2.9)
Column 3
Relevant assessmentcriteria90—
are the applicablecodes for selfassessable and codeassessabledevelopment
Bushfire Hazard Overlay
All Uses (except Public facility – operational) in All Use ClassesAll uses in all Use Classes which:
1. constitute a type ofdevelopment to which thecode applies, as referred toin Section 5.4.2 2.; and
2. Are located in the BushfireHazard Overlay
Self assessable Natural Disaster OverlaysCode – Bushfire HazardOverlay
All uses in all Use Classes which:
1. constitute a type ofdevelopment to which thecode applies, as referred toin Section 5.4.2 2.; and
2. Are located on or within 50mof land with a MediumBushfire Severity (as shownon the Bushfire HazardOverlay)
Self assessable Natural Disaster OverlaysCode – Bushfire HazardOverlay
All uses in all Use Classes which:
1. constitute a type ofdevelopment to which thecode applies, as referred toin Section 5.4.2 2.; and
2. Are located on or within100m of land with a HighBushfire Severity (as shownon the Bushfire HazardOverlay)
Code assessable Natural Disaster OverlaysCode – Bushfire HazardOverlay
All uses in all Use Classes which donot constitute a type of developmentto which the code applies, as referredto in Section 5.4.2 2.; or
Public facility – operational uses .
Exempt N/A
89 See Part 2, Division 1, Schedule A for Defined Uses and Use Classes90 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no way
affect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
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TABLE 5.4.1 (1)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL DISASTER OVERLAYS – MAKING A MATERIAL CHANGE OF USE
Column 1
Defined use or use class89
Column 2
Assessment category –
(where Self assessabledevelopment does notmeet the Acceptable
Solutions in theapplicable codes, it
requires Codeassessment. Refer to
Section 1.2.9)
Column 3
Relevant assessmentcriteria90—
are the applicablecodes for selfassessable and codeassessabledevelopment
Landslip Prone Land OverlayAll Uses (except Public facility – operational) in All Use ClassesAll uses in all Use Classes which:1. constitute a type of development
to which the code applies, asreferred to in Section 5.4.2 2.; and
2. Are located on land within aLandslip Overlay
Self assessable Natural Disaster OverlaysCode – Landslip ProneLand Overlay
All uses in all Use Classes which:1. constitute a type of development
to which the code applies, asreferred to in Section 5.4.22.; and
2. Are located on land with Steepslopes (15% or greater asdetermined by a Slope Analysis)
Code assessable Natural Disaster OverlaysCode – Landslip ProneLand Overlay
All uses in all Use Classes which donot constitute a type of developmentto which the code applies, as referredto in Section 5.4.22;ORPublic facility – operational uses.
Exempt N/A
Flood Hazard Overlay – Floodplain Assessment
All Uses (except Public facility – operational) in All Use Classes
All uses in all Use Classes which:
1. constitute a type ofdevelopment to which thecode applies, as referred toin Section 5.4.2 (2) 2; and
2. are located wholly orpartially within the areaidentified on the FloodHazard Overlay – FloodplainAssessment
Self Assessable Natural Disaster OverlaysCode – Flood HazardOverlay – FloodplainAssessment
All uses in all Use Classes which donot constitute a type of developmentto which the code applies, as referredto in Section 5.4.2 (2) 2;ORPublic facility – operational uses.
Exempt N/A
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TABLE 5.4.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL DISASTER OVERLAYS – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria91—
are the applicable codes forself assessable and codeassessable development
Bushfire Hazard Overlay
Work – Roads Code assessable Natural Disaster Overlays Code -Bushfire Hazard Overlay
Work – Water andSewer
Code assessable Natural Disaster Overlays Code -Bushfire Hazard Overlay
Work – StormwaterDrainage
Code assessable Natural Disaster Overlays Code -Bushfire Hazard Overlay
Work – Electricity andTelecommunicationServices
Code assessable Natural Disaster Overlays Code -Bushfire Hazard Overlay
Work – Park provision Code assessable Natural Disaster Overlays Code -Bushfire Hazard Overlay
Work – Landscaping Self assessable Natural Disaster Overlays Code -Bushfire Hazard Overlay
Clearing of vegetationon freehold land
Self assessable Natural Disaster Overlays Code -Bushfire Hazard Overlay
Other Operational workassociated with a Codeor Impact assessableMaterial Change of Use(not includingoperational workassociated withreconfiguring a lot)
Code assessable Natural Disaster Overlays Code -Bushfire Hazard Overlay
Reconfiguring a lot92
Reconfiguring a lot Code assessable if creating a newlot or lots
Natural Disaster Overlays Code -Bushfire Hazard Overlay
Exempt if only reconfiguringboundaries of existing lots
N/A
Carrying out operational work for reconfiguring a lot
All circumstances Code assessable Natural Disaster Overlays Code -
91 For impact assessable development the ‘relevant assessment criteria’ are provided for assistance and in no wayaffect the regard given to the planning scheme as a whole in accordance with section 3.5.5 of the IPA.
92 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
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TABLE 5.4.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL DISASTER OVERLAYS – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria91—
are the applicable codes forself assessable and codeassessable development
Bushfire Hazard Overlay
Other
All other works Exempt N/A
Landslip Prone Land OverlayOperational workExcavating and fillingexceeding 50m3
Code assessable Natural Disaster Overlays Code –Landslip Prone Land Overlay
Work – Roads Code assessable Natural Disaster Overlays Code –Landslip Prone Land Overlay
Work – Water andSewer
Code assessable Natural Disaster Overlays Code –Landslip Prone Land Overlay
Work – StormwaterDrainage
Code assessable Natural Disaster Overlays Code –Landslip Prone Land Overlay
Work – Electricity andTelecommunicationServices
Code assessable Natural Disaster Overlays Code –Landslip Prone Land Overlay
Work – Park provision Code assessable Natural Disaster Overlays Code –Landslip Prone Land Overlay
Work – Landscaping Self assessable Natural Disaster Overlays Code –Landslip Prone Land Overlay
Other Operational workassociated with a Codeor Impact assessableMaterial Change of Use(not includingoperational workassociated withreconfiguring a lot)
Code assessable Natural Disaster Overlays Code –Landslip Prone Land Overlay
Reconfiguring a lot93
Reconfiguring a lot Code assessable if creating a newlot or lots
Natural Disaster Overlays Code –Landslip Prone Land Overlay
Exempt if only reconfiguringboundaries of existing lots
N/A
Carrying out operational work for reconfiguring a lotAll circumstances Code assessable Natural Disaster Overlays Code –
Landslip Prone Land Overlay
93 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
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TABLE 5.4.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL DISASTER OVERLAYS – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria91—
are the applicable codes forself assessable and codeassessable development
OtherAll other works Exempt N/A
Flood Hazard Overlay – Floodplain AssessmentOperational workExcavating and filling Exempt where less than 1m depth
and less than 50m3 and not locatedin the Flood Hazard Overlay –Floodplain Assessment.
N/A
Self assessable where more than1m depth and more than 50m3 andnot located in the Flood HazardOverlay – Floodplain Assessment.
Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
Self assessable where there is nonet increase in fill and located inthe Flood Hazard Overlay –Floodplain Assessment.
Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
Code if the circumstances forExempt or Self assessable do notapply.
Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
Work – Roads Code assessable Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
Work – Water andSewer
Code assessable Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
Work – StormwaterDrainage
Code assessable Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
Work – Electricity andTelecommunicationServices
Code assessable Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
Work – Park provision Code assessable Natural Disaster Overlays Code –Flood Hazard Overlays –Floodplain Assessment
Work – Landscaping Self assessable Natural Disaster Overlays Code –Flood Hazard Overlays –Floodplain Assessment
Other Operational workassociated with a Codeor Impact assessableMaterial Change of Use(not including
Code assessable Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
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TABLE 5.4.1 (2)
ASSESSMENT CATEGORIES AND RELEVANT ASSESSMENT CRITERIA FOR THENATURAL DISASTER OVERLAYS – OTHER DEVELOPMENT
Column 1
Type ofdevelopment
Column 2
Assessment category –
(where Self assessabledevelopment does not meetthe Acceptable Solutions in
the applicable codes, itrequires Code assessment.
Refer to Section 1.2.9),
Column 3
Relevant assessmentcriteria91—
are the applicable codes forself assessable and codeassessable development
operational workassociated withreconfiguring a lot)Reconfiguring a lot94
Reconfiguring a lot Code assessable if creating a newlot or lots
Exempt if only reconfiguringboundaries of existing lots
Natural Disaster Overlays Code –Flood Hazard Overlay – FloodplainAssessment
Carrying out operational work for reconfiguring a lotAll circumstances Code assessable Natural Disaster Overlays Code –
Flood Hazard Overlay – FloodplainAssessment
Other
All other works Exempt N/A
94 Under IPA, schedule 8, part 3 the reconfiguring of a lot is exempt and cannot be made self-assessable orassessable by a planning scheme if the proposal is for amalgamating 2 or more lots, for a building format planthat does not subdivide land, in relation to the Acquisition of Land Act 1967, or on Strategic Port Land.
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5.4.2 Assessment criteria for the Natural Disaster Overlays(1) Natural Disaster Overlays Code
The provisions in this division comprise the Natural Disaster Overlays Code. Theyare—1. The Purpose of the Natural Disaster Overlays Code – Section (2);and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for the
Natural Disaster Overlays – Table 5.4.2. Natural Disaster Overlays
(2) The Purpose of the Natural Disaster Overlays CodeThe purpose of the Natural Disaster Overlays Code is to achieve the following overalloutcomes:
1. The overall outcome sought for all areas in the Natural Disaster Overlays isthat:
a) Development minimises the potential adverse impacts of bushfire,landslide, and flood on people, property, economic activity and theenvironment.
b) Wherever practicable, community infrastructure as listed below in point 5,is located and designed to function effectively during and immediately afternatural hazard events commensurate with a specified level of risk.
c) Development is compatible with the nature of the natural hazard indicatedby a natural hazard management area (eg. bushfire, flood or landslip), as itsatisfies all of the relevant Specific Outcomes of this Code.
d) Development as listed below in point 5., is compatible with the nature ofthe natural hazard (eg. Bushfire Hazard Overlay, Landslip Prone LandOverlay, or Flood Hazard Overlay – Floodplain Assessment), unless:
i. there is an overriding need (refer to State Planning Policy 1/03Mitigating the Adverse impacts of Flood, Bushfire– demonstratingoverriding need) for the development in the public interest and noother site is suitable and reasonably available for the proposal; or
ii. the development proposal is a development commitment and itwould have a lower level of risk than generally applies todevelopment in the vicinity, eg. building floor levels proposed arehigher than those which exist for other buildings in the vicinity.
2. Only certain types of development are regulated by the Natural DisasterOverlays, as follows:
Land uses:a) Development that increases in the number of people living,
working, or congregating in those areas eg. Residentialdevelopment, shopping centres, tourist facilities, industrial orcommercial uses involving large numbers of workers orcustomers;
b) Development that involves institutional uses whereevacuating people may be particularly difficult eg. Hospitals,education establishments, child care centres, aged care,nursing homes, and high security correctional centres;
c) Development that increases the amount of hazardousmaterials that are manufactured or stored in bulk; and
d) Development that involvesi. changing the existing ground level (other than the
removal or placement of topsoil,ii. removal of vegetation (other than that required to clear
a site for a single house or for routine managementincluding bushfire protection measures), or
iii. redirecting the existing flow of surface or groundwaterin the Landslip Prone Land Overlay.
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Community Infrastructurea) Police and emergency services facilities including emergency
shelters;b) Hospitals and associated institutions;c) Stores for valuable records or items of cultural or historic
significance;d) Railway lines, stations, and associated facilities;e) Aeronautical facilities;f) Communication network facilities;g) Operating works under the Electricity Act 1994; andh) Water Cycle management infrastructure.
3. The overall outcome sought for the Bushfire Hazard Overlay is that:a) The number of people and properties subject to bushfire hazards are
minimised by regulating building location and design;b) Evacuation is facilitated in the event of any bushfire threat;c) The risk to life and property is minimised in areas of High and Medium
Hazard Severity, with appropriate siting and design of lots andbuildings, or the exclusion of inappropriate uses.
4. The overall outcome sought for the Landslip Prone Land Overlay is that:a) Development on land with slopes of 15% or greater, is regulated to
minimise the risk to people and properties due to landslip.b) Buildings are sited and designed to ensure that the risk of landslip is
minimised.Operational works – Filling and excavating and Clearing of vegetationon freehold land is regulated to ensure that land stability is notexacerbated.
5.The overall outcome sought for the Flood Hazard Overlay – FloodplainAssessment is that:(a) Development maintains the safety of people on the development site from flood
events and minimises the potential damage from flooding to property.(b) Development does not result in adverse impacts on people’s safety, the
environment or the capacity to use land within the floodplain.
TABLE 5.4.2 NATURAL DISASTER OVERLAYS
Specific outcomes (S) for Code and Impactassessable development
Probable Solutions (P) for Code and Impactassessable development;andAcceptable Solutions (A) for Self assessabledevelopment. (where Self assessable developmentdoes not meet the Acceptable Solutions in theapplicable codes, it requires Code assessment.Refer to Section 1.2.9)
All Uses and Works on land in the Bushfire Hazard Land OverlayAll Bushfire HazardS1Development does not put the safety and lives ofpeople, and property seriously “at risk” frombushfire.
Note:Proponents may submit site-specific bushfire
P/A1.11. Development does not occur in the medium
or high bushfire hazard areas; or2. The site area of the development is:
a) in an area of High or Medium bushfirehazard severity; or
b) within 100 linear metres of an area that
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hazard assessment in accordance with Division 4 -Schedule A – Preparation of a Bushfire HazardAssessment, and demonstrates that the site area ofthe development will not be:
1. in an area of High or Medium bushfirehazard severity; or
2. within 100 linear metres of an area that hasa High bushfire hazard severity; or
3. within 50 linear metres of an area that has aMedium bushfire hazard severity.
When preparing such a report, or when proposingalternate means of satisfying specific outcomes, theadvice in the State Planning Policy Guideline:Mitigating the Adverse Impacts of Flood, Bushfireand Landslip should be considered andaccommodated in the proposal.
has a High bushfire hazard severity; orc) within 50 linear metres of an area that
has a Medium bushfire hazard severity.but will:
i. not result in an increase in thenumber of people living, working orcongregating at the site or in the area;and; and
ii. not involve any new building workother than a minor extension (≤20 m2
total use area) to an existing buildingwhen no previous extension has beenmade in the previous 2 years, and
iii. not increase the number of lots withinan area of High or Medium bushfirehazard severity.
S2Community infrastructure (the subject of this Code)is able to function effectively during and immediatelyafter bushfire hazard events.
P/A2.1No Solutions Specified
Areas of High or Medium Bushfire Hazard Severity (as determined by a Bushfire HazardAssessment) or within 100m and 50m respectively of such an areaS3Development provides for firebreaks:
1. to ensure that adequate access is providedfor firefighting and other emergencyvehicles; and
2. to ensure that there are proper setbacksbetween assets and hazardous vegetation;and
3. are secure in tenure and maintained.
P/A3.1 (a)The site area of the development is provided with aside (or perimeter) road that:
1. is located between the boundary of the lotsand the hazard; and
2. has a minimum cleared width of 20 metres;and
3. is constructed to the standard required bythe Development Standards Coderegardless of whether it is new road reserveor an existing road reserve.
OR
P3.2 (b)Where a perimeter road is not provided the sitearea of the development incorporatesfire/maintenance trails located as close as possibleto the boundaries of each allotment and theadjoining bushland, and the fire/maintenance trails:
1. have a minimum cleared width of 6 metres;2. have a minimum formed width of 4 metres
and maximum gradient of 1 in 6 (16%);3. have vehicular access at each end;4. provide areas for vehicles to pass or turn
around at least every 400 metres;5. are either located on public land or within an
access easement granted in favour of theEmerald Shire Council, fire brigades andother emergency services and whereapplicable, relevant state governmentdepartments (e.g. Environment ProtectionAgency when adjoining a National Park);and
6. use existing trails wherever possible toreduce environmental and cultural heritageimpacts.
S4 P4.1(a)
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Where development involves Reconfiguring a Lotand opening a new road, the road layout, locationand design provides:
1. easy, effective and safe movement awayfrom any encroaching fire for the evacuationof residents and/or emergency vehicles;and
2. an alternative safe access routes, shouldaccess in one location be blocked in theevent of a bushfire; and
3. for the safe and effective operational use offirefighting vehicles.
The road layout uses through roads only and doesnot include cul-de-sac and “dead end” roads, exceptwhere a perimeter road extending around thedevelopment area isolates the development fromthe hazard, or, an alternative emergency accesslinking the cul-de-sac to other through roads isprovided.
OR
P4.2 (b)Where the use of a single entry road is unavoidablebecause of topographical constraints, a properlyestablished and maintained fire trail is incorporatedinto the layout to allow for safe emergency access.
P4.2Road gradients are not more than 12.5%.
S5Newly created lots as a result of development forreconfiguration of a lot are designed to:
1. mitigate bushfire hazard; and2. provide safe sites for houses; and3. prevent the fragmentation of land with a
high bushfire hazard severity.4. The size and shape of lots facilitates
emergency access to buildings andfirefighting infrastructure, and theincorporation of suitable on-site bushfiremitigation measures.
P5.1Newly created lots are located in parts of the sitewith the low bushfire hazard severity, in accordancewith the principles of Protecting your Home AgainstBushfire Attack, Department of Local Governmentand Planning (DLGP) 2000.
P5.2New lots (or parts of new lots) are not created;
1. In areas that have a high bushfire hazardseverity; or
2. Within 100 linear metres of an area that hasa high bushfire hazard severity.
S6Buildings are sited or able to be sited:
1. in areas where the environmental impactsare acceptable; and
2. on land which is the least prone to bushfirerisk having regard to aspect, elevation,slope and vegetation type.
P/A6.1Residential buildings are sited:
1. Below the tops of ridgelines and not onnorth to west facing vegetated slopes; and
2. in an existing cleared area able toaccommodate the building(s) with anadequate firebreak; and
3. where the land has a slope less than 15%;and
4. have the following minimum setbacks fromhazardous vegetation of:a) 1.5 times the predominant mature canopy
tree height in the adjoining bushfirehazardous vegetation or 10 metres,whichever is the greater; and
b) 10m from any retained vegetation stripsor small areas of vegetation withinindividual lots.
P/A6.2Non-residential buildings:
1. Have the following minimum setbacks fromhazardous vegetation of:
a) 1.5 times the predominant maturecanopy tree height in the adjoiningbushfire hazardous vegetation or 10
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metres, whichever is the greater; andb) 10m from any retained vegetation strips
or small areas of vegetation withinindividual lots
2. Are separated from other buildings andstructures to minimise the spread of firebetween buildings; and3. Are sited so that less susceptible elements ofthe development are sited closest to thebushfire hazard.
Areas of High Bushfire Hazard Severity (as determined by a Bushfire Hazard Assessment) or within100m of such an areaS7Development that materially intensifies the use ofHigh bushfire hazard areas incorporates effectivesiting, design and management measures tominimise bushfire hazard.
P7.11. Development does not occur within areas of
high bushfire hazard, or2. Within the High bushfire hazard area,
development that increases the number ofpeople living, working or congregating in thearea or involves the storage or manufactureof flammable, explosive or noxiousmaterials in bulk, complies with a preparedBushfire Management Plan, which isprepared in accordance with Division 4 -Schedule B – Preparation of a BushfireManagement Plan.
S8An adequate and accessible water supply isprovided for bushfire fighting purposes.
P8.1The development can reasonably connect toreticulated water supply that is reliable and hassufficient flow and pressure characteristics forbushfire fighting purposes at all times (minimumpressure and flow is 10L a second at 200kPa).
P8.2For any use in the Residential Use Class whichcannot connect to a reticulated water supply, thedevelopment has:
1. An on-site, in-ground, swimming poollocated within 25 metres of the outermostprojection of the main residential building onthe site; or
2. A dam that is easily accessible to afirefighting vehicle and located within 100metres of the outermost projection of themain residential building on the site; or
3. A concrete tank with fire brigade fittingslocated within 25 metres of the outermostprojection of the main residential building onthe site, that is able to contain not less than5000 litres per residential building.
All Uses and Works on land in the Landslip Prone Land OverlayAll Landslip Prone LandS9Development does not put the safety and lives ofpeople, and property seriously “at risk” from landslip,wherever practicable to determine land with steepslopes.
P/A9.1Development on land with slopes exceeding 15%:
1. Does not result in any new building workother than a minor addition (less than 20m2
Gross Floor Area) to an existing building; or2. Does not require the clearing of vegetation;
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Note: Proponents may submit a site-specific slopeanalysis in accordance with Division 4: Schedule C– Preparation of a Slope Analysis accompaniesdevelopment applications for:
1. Filling and excavating for more than2000m3 of material;
2. Reconfiguring a Lot involving the creation ofan additional number of lots; or
3. Material Change of Use for uses which areImpact assessable in the relevantZone/Precinct/Area (as determined by therelevant Tables of Assessment);
and demonstrates that the site area of thedevelopment contains slopes less than 15%(approximately 1:6.67).
or3. Does not alter ground levels or stormwater
conditions.
S10Community infrastructure (the subject of this Code)is able to function effectively during and immediatelyafter landslide hazard event.
P/A10.1No Solutions Specified
Areas of Steep Slopes (as determined by a Slope Analysis)S11Development does not compromise the safety ofpeople or property (both on site and onneighbouring lands) from landslide.
Note: Proponents may submit a site-specificgeotechnical analysis prepared by a registeredprofessional engineer to address any potentialstability problems and describes solutions that maybe implemented to ensure:
1. The long-term stability of the site;2. The long-term stability of the proposed
development; andAccess to the site will not be restricted during alandslide event.
P11.1No Solutions Specified
All Uses and Works on land in the Flood Hazard Overlay - Floodplain Assessment OverlayS12Development siting and layout responds to floodingpotential and maintains personal safety at all times.95
For Material Change of UseP/A12.1New buildings are:
Located outside the overlay area; or Located on the highest part of the site to
minimise entrance of floodwaters; or Elevated; and Provided with clear and direct pedestrian
and vehicle evacuation routes off the site.Note: If part of the site is outside of Maps NDIS –2,3 and 4, this is the preferred location for allbuildings.
For Reconfiguring a Lot
93 Council may choose to require the applicant submits a site-based flood study that investigates the impact of thedevelopment on the floodplain and demonstrates compliance with the relevant Performance Outcomes. Thestudy should be in accordance with the Planning for stronger, more resilient floodplains Part 2 Guideline –Measures to support floodplain management in future planning schemes.
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P/A 12.2New lots are:
Located outside the overlay area; or Where possible, located on the highest
part of the site to minimise entrance offloodwaters.
Note: If part of the site is outside of Map NDIS –2,3 and 4, this is the preferred location for all lots(excluding park or other relevant open space andrecreation lots).
Note: Buildings subsequently developed on the lotscreated will need to comply with the relevantbuilding assessment provisions under the BuildingAct 1975.
P/A 12.3Road and/or pathway layout provides a safe andclear evacuation path:
If a flood level is adopted96, by locatingentry points into the reconfiguration abovethe flood level and avoiding cul-de-sac orother non-permeable layouts; or
By direct and simple routes to maincarriageways.
P/A 12.4Signage is provided on site (regardless of whetherland will be public or private ownership):
Indicating the position and path of all safeevacuation routes off the site; and
If the site contains or is within 100m of afloodable waterway, hazard warningsignage and depth indicators are alsoprovided at key hazard points, such as atfloodway crossings or entrances to low-lying reserves.
S13Development is resilient to flood events by ensuringdesign and built form account for the potential risksof flooding.
For Material Change of Use (Residential Uses)P/A 13.1Residential dwellings are not constructed as single-storey slab on ground.
Note: The highset Queenslander – style house is aresilient low-density housing solution in floodplainareas. Higher density residential developmentshould ensure only non-habitable rooms (e.g.garages, laundries) are located on the ground floor.
For Material Change of Use (Non-ResidentialUses)P/A 13.2No Solutions Specified
Note: The relevant building assessment provisionsunder the Building Act 1975 apply to all building
94As resolved by Council under section 13 of the Building Regulation 2006.
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work within the area identified on Maps NDIS – 2,3and 4 and must take account of the flood potentialwithin the area.Note: Resilient building materials for use identifiedon Maps NDIS – 2,3 and 4 should be determined inconsultation with Council, in accordance with therelevant building assessment provisions.
S14Development directly, indirectly and cumulativelyavoids any significant increase in water flow,velocity or flood level, and does not increase thepotential for flood damage either on site or on otherproperties.95
For Material Change of Use, Reconfiguring a Lot,and Operational WorksP/A 14.1Works in all urban areas96 associated with theproposed development do not involve:
Any physical alteration to a watercourse orfloodway including vegetation clearing; or
A net increase in filling.P/A 14.2Works in areas other than an urban area96 either:
Do not involve a net increase in fillinggreater than 50m3; or
Do not result in any reductions of on-siteflood storage capacity and contain withinthe subject site any changes todepth/duration/velocity of flood waters; or
Do not change flood characteristics outsidethe subject site in ways that result in:
Loss of flood storage; Loss of/changes to flow paths; Acceleration or retardation of
flows; or Any reduction in flood warning
times elsewhere on the floodplain.S15Development avoids the release of hazardousmaterials into floodwaters.
For Material Change of UseP/A15.1Materials manufactured or stored on site are nothazardous in nature; orP/A15.2If a flood level is adopted97, material manufacturingequipment and containers are located above thislevel; orP/A15.3If a flood level is not adopted97, materialmanufacturing equipment and containers arelocated on the highest part of the site to enhanceflood immunity.Note: Refer to the Dangerous Goods SafetyManagement Act 2001 and associated Regulation,the Environmental Protection Act 1994 and therelevant building assessment provisions under themanufacture and storage of hazardous substances.
S16Community Infrastructure is able to functioneffectively during and immediately after floodevents.
For Material Change of UseP/A 16.1No Solutions Specified
95 Council may choose to require the applicant submits a site-based flood study that investigates the impact of thedevelopment on the floodplain and demonstrates compliance with the relevant Performance Outcomes. The studyshould be in accordance with the Planning for stronger, more resilient floodplains Part 2 Guideline – Measures tosupport floodplain management in future planning schemes.96 As defined in the Sustainable Planning regulation 2009.97As resolved by Council under section 13 of the Building Regulation 2006.
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Division 4: Schedule A—Preparation of a Bushfire Hazard Assessment
What is a Bushfire Hazard Assessment?A Bushfire Hazard Assessment is the most appropriate method for determining the hazardseverity of a site, and hence to ascertain the level and degree of controls that apply to the siteunder the Natural Disaster Areas Overlay Code.
Essentially the assessment is based on both a quantitative and qualitative assessment. Thequantitative assessment is based on the three (3) key characteristics of land found to havethe greatest influence on determining the bushfire hazard severity of land – vegetationcommunities, slope and aspect. A qualitative review of these findings should then beundertaken to verify the results of the quantitative assessment. The qualitative review shouldconsider the known bushfire behaviour. The hazard severity for land is defined
The measures for carrying out a Bushfire Hazard Assessment below, are sourced from theState Planning Policy Guideline for Natural Disaster Mitigation. Should the contents of thispolicy differ in any regard to the contents of an adopted State Planning Policy for NaturalDisasters and any guideline supporting the State Planning Policy; the State Planning Policyand guideline will take precedence.
Preparing a Bushfire Hazard Assessment97
Step 1: Assessment of vegetation communitiesThe different types of vegetation communities determine the rate at which dry fuelaccumulates. Some vegetation communities protect fuel from drying out in all but extremebushfire seasons and can then be susceptible to very destructive bushfires. Alternatively,vegetation communities may expose fuels to drying and therefore be frequently available forburning. Frequent bushfires can result in the development of bushfire-tolerant grassywoodlands or grasslands and less destructive bushfire behaviour. The characteristics ofdifferent vegetation communities are reflected in Table 1. This table also presents the hazardscores for a range of vegetation communities.98
97 This section is an extract from the State Planning Policy Guideline for Natural Disaster Mitigation. 2002.Department of Local Government and Planning and Department of Emergency Services.
98 Vegetation community data is available in digital map form from the Queensland Herbarium, EnvironmentalProtection Agency, at a scale of 1:100,000.
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Vegetationcommunities99
Fire behaviour Hazard Score
Wet-sclerophyll forest,tall eucalypts (>30m),with grass and mixedshrub understorey.
Infrequent fires under severe conditions, flamelengths may exceed 40 m, floating embersattack structures for 1 hour, radiant heat anddirect flame are destructive for 30 minutes.
10
Paperbark heath andswamps, eucalypt forestwith dry-shrub ladderfuels.
Fire intensity depends on fuel accumulation,but can be severe, with flame lengths to 20 m,spot fires frequent across firebreaks, radiantheat and direct flame for 15 minutes.
8
Grassy eucalypt andacacia forest, exoticpine plantations,cypress pine forests,wallum heath.
Fire intensity may be severe with flame lengthsto 20 m, but less attack from embers.
6
Native grasslands(ungrazed), openwoodlands, canefields.
Fast moving fires, available to fire annually to 4years. Usually no ember attack, radiant heatfor >10 m, duration <2 minutes.
5
Intact acacia forests,with light grass to leaflitter, disturbedrainforest.
Fires infrequent, usually burn only undersevere conditions, relatively slow fires, usuallylittle ember attack.
4
Orchards, farmlands,kikuyu pastures.
Fires very infrequent, slow moving, may bedifficult to extinguish, frequent fire breaks.
2
Grazed grasslands,slashed grass.
Grazing reduces intensity and rate of spread offire, duration <2 minutes.
2
Desert lands (sparsefuels), mowed grass.
Gaps in fuel, usually slow fire spread. 1
Intact rainforest,mangrove forest, intactriverine rainforest.
Virtually fire proof. 0
Table 1
Where the vegetation community is assessed as having a vegetation community hazardscore of zero, no other factors need to be taken into account and the relevant sub-unitsshould be given a Low severity of overall bushfire hazard. No further action is required.
Step 2: Assessment of slopeStudies have shown that fires burn more quickly and with greater intensity up slopes,generally doubling every 10 degrees of slope. Also, the steeper the slope the more difficult itis to construct ring roads, firebreaks and provide access for emergency crews. Trees situateddownhill from structures will have their crowns close to the structures. This presents bushfirehazards particularly for exposed structures such as timber decks. Table 2 presents thehazard scores for different categories of slope.
99 Vegetation assessment based upon examination of the vegetation on the subject land and surrounding it isrequired. Narrow strips of vegetation may be flammable; however, bushfires will not generally reach their fullintensity where bushfire fronts are less than 100 metres wide. For this reason the following examples may beviewed as having the next lower hazard score (ie paperbark heath would have a score of 6 not 8, cypress pineforest 5 not 6): areas with a linear shape (e.g. roadside vegetation beside a cleared paddock); and units of vegetation of less than 50 hectares in areas and more than one kilometre from the nearest extensive
vegetation.
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Slope Hazard ScoreGorges and mountains (>30%) 5Steep Hills (>20% to 30%) 4Rolling Hills (>10% to 20%) 3Undulating (>3% to 10%) 2Plain (0% to 3%) 1Table 2
Note. Slope is to be calculated in accordance with Division 4 - Schedule C of thisCode – Preparation of a Slope Analysis
Step 3: Assessment of aspectAspect affects bushfire hazard due to the effects that exposure to direct sunlight has ondifferent vegetation communities, including the drying rates of fuels. Aspect also correlatesclosely with exposure to low humidity winds that increase bushfire intensity. In extremelybroken country where there is a variety of aspects, the predominant aspect is used.
As aspect has only a minor influence on flatter land, aspect is not significant on land with aslope less than 5%. Table 3 lists the hazard score for different aspects and Figure 1illustrates the compass degree ranges for each aspect category.
Aspect Hazard ScoreNorth to North-West 3.5North-West to West 3West to South 2North to East 1East to South and all landunder 5% slope
0
Table 3
Figure 1
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Step 4: Combining scores to identify the severity of bushfire hazardThe scores for the individual factors determined for vegetation communities, slope and aspectare added together to give a total for each sub-unit. The total hazard score determines theseverity of bushfire hazard for each sub-unit as set out below in Table 4;
Total hazard score Bushfire Hazard Severity13 or greater High
6 to 12.5 Medium1 to 5.5 Low
Table 4.
Step 5: Field verificationField verification or ‘ground truthing’ of these preliminary results must then be undertaken. Anumber of sample areas are to be evaluated to test the accuracy of the preliminary bushfirehazard findings.
Step 6: Qualitative AssessmentKnown bushfire behaviour complements the quantitative assessment and should beconsidered as part of the qualitative review.
Known bushfire behaviour is extremely difficult to use as a quantitative planning tool. This isbecause the absence of bushfire, even for an extended period of time, does not mean that anarea will not burn and may lead to massive fuel accumulation with dangerous bushfirebehaviour if it does ignite. Known bushfire behaviour may identify sites where combinationsof slope and wind have led to severe bushfire behaviour in the past, and where extraprecautions to protect assets might be required. The reliability of known bushfire behaviourmay be difficult to assess and the Queensland Fire and Rescue Service should be consultedif questions arise.
Documentation of a Bushfire Hazard AssessmentIn carrying out a Bushfire Hazard Assessment , the person carrying out the assessment isrequired to clearly document each step. With any application submitted to the Council statingthat land is of a certain Hazard Severity, the applicant must submit with any such statementthe documentation of each step carried out in the assessment to verify that statement.
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Division 4: Schedule B—Preparation of a Bushfire Management PlanPreparation and ConsultationA Bushfire Management Plan is to be prepared by a suitably qualified professional withappropriate technical expertise in the identification and mitigation of bushfire hazard. Suitableprofessionals may include those in the environmental management, landscape architecture,architecture, surveying, town planning and civil engineering fields.
As a minimum, the author of the Bushfire Management Plan is to consult with the Council,responsible Rural and/or Urban Fire Brigade and managers of adjacent parks or reserves. Itis also desirable to consult other agencies or individuals, such as the previous owners of theland or neighbours, who may have local knowledge of the severity and nature of the bushfirehazard.
Contents of a Bushfire Management PlanA comprehensive Bushfire Management Plan is to include the following:(a) An assessment of the nature and severity of the bushfire hazard affecting the site.
This should comprise a detailed site-based assessment using the methodology setout in Division 4 - Schedule A – Preparation of a Bushfire Hazard Assessment. Theassessment should also address other site specific factors that are important indevising suitable bushfire mitigation strategies. These factors could include matterssuch as;i. the likely direction of bushfire attack;ii. the environmental values that may limit mitigation options; andiii. the location of evacuation routes and/or safety zones.
(b) An assessment of the specific risk factors associated with the development proposal,including matters such as;i. the nature of activities and materials to be conducted / stored on the site; andii. the numbers and types of persons likely to be present; andiii. particular warning and / or evacuation requirements.
(c) A plan for mitigating the bushfire risk identified in (a) and (b) above. The plan shouldaddress the relevant Specific outcomes, Probable Solutions and Acceptable Solutionsof the Natural Disaster Area Code, applicable to Bushfire Hazard and recommendspecific mitigation actions for the proposed development including:(1) road and lot layout and land use allocations;(2) firebreaks and buffers;(3) building locations or building envelopes;(4) landscaping treatments;(5) warning and evacuation procedures and routes;(6) firefighting requirements including infrastructure;(7) any other specific measures such as external sprinkler systems and alarms;(8) purchaser/resident education and awareness programs; and(9) ongoing maintenance and response awareness programs.
The level of detail required will vary with the nature of the development proposal and site,and with the type of development application.
The level of detail required to accompany a particular application should be determined inconsultation with the assessment manager. However, it is required, at a minimum, that items(a), (b) and (c) (1) – (3) outlined above be addressed in any Bushfire Management Plan.
Division 4: Schedule C—Preparation of a Slope Analysis
What is a Slope Analysis?A Slope Analysis is the most appropriate method for determining the slope of any land, and indoing so ascertaining if the land contains steep slopes. Steep slopes are defined as those of15% or greater, and are those which are more susceptible to landslip.
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Preparing a Slope AnalysisStep 1: Obtaining the necessary informationTopographical information, namely contour information for the land, is required to be able toundertake a Slope Analysis. Given the size of the Shire, available mapping is limited, and inmost cases it will be necessary for proponents to have the land surveyed by a qualifiedsurveyor to acquire contour information.
Step 2: Determining SlopeSlope can be described in two different ways, a percent gradient or an angle of the slope. Forthe purposes of implementing this Code, a percent gradient is used. The methodology forcalculating the percent of gradient of slope is as follows:
1. Determine the site area of the development, over which to calculate slope. Note, itshould be an area where the slope direction does not change. Do not cross the topof a hill or the bottom of the valley.
2. When an area of interest is determined, draw a straight line perpendicular to thecontours of the slope. For better accuracy, stare and end the line on, rather thanbetween, contours on the map.
3. Measure the length of the of the line drawn and, using the scale of the map, convertthat distance to metres.
4. Determine the total elevation change in metres along the line drawn (ie. Subtract theelevation of the lowest contour used form the elevation of the highest contour used).No conversions are necessary on this measurement, because it is a real-worldelevation change.
5. To calculate a percent slope, divide the elevation change in metres by the distance ofthe line drawn (after converting it to metres). Multiply the resulting number by 100 toget a percentage value equal to the percent slope of the hill. If the value youcalculate is, for example 20, this means that for every 100 metres covered in ahorizontal direction, 20 metres will be gained (or lost) in elevation.
Example:
Length of measured line = 1.7cm, 1.7 x 25000/100 = 425mElevation Change = 20m (read off contours)Percentage Slope = 20/425 x 100 = 4.7% slope
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PART 6—ASSESSMENT CRITERIA FORDEVELOPMENT FOR A STATED PURPOSE OR OF A
STATED TYPE
Division 1—Preliminary
6.1.1 Codes for development for a stated purpose or development of astated typeThe provisions in this part comprise the following codes—
Accommodation Buildings Code (Division 2);Agricultural Use Code (Division 3);Animals Code (Division 4);Caravan Park and Worker’s Accommodation Code (Division 5);Commercial Code (Division 6);Development Standards Code (Division 7);Development Design Code (Division 8);Extractive Industry Code (Division 9);Home Based Business Code (Division 10);Home Host Accommodation Code (Division 11);House Code (Division 12);Reconfiguring of a Lot Code (Division 13);Residential Accommodation Code (Division 14); andService Station Code (Division 15).
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Division 2—Accommodation Buildings Code
About the Accommodation Buildings CodeThe Accommodation Buildings Code regulates different types of accommodationbuildings, including motels, hostels, serviced apartments, and the accommodationcomponent of hotels and community purpose uses, whether they are Self assessable,Code assessable or Impact assessable.The Code regulates the scale, siting, density and design of development.
(1) Accommodation Buildings CodeThe provisions in this division comprise the Accommodation Buildings Code. Theyare—1. The Purpose of the Accommodation Buildings Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for
Accommodation Building development – Table 6.2.1.
(2) The Purpose of the Accommodation Buildings CodeThe purpose of the Accommodation Buildings Code is to achieve the following overalloutcomes:
a) Are located where they best serve the accommodation needs of users,particularly visitors to the Shire;
b) Are located and designed to be compatible with the locality in which they aresituated and do not adversely impact upon surrounding residential premises;
c) Provide a reasonable level of privacy and amenity to users; andd) Contribute positively to the streetscape and town character.
TABLE 6.2.1 ACCOMMODATION BUILDINGS
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development. (where Selfassessable development does not meet theAcceptable Solutions in the applicablecodes, it requires Code assessment. Referto Section 1.2.9)
All Accommodation BuildingsSite and LocationS1Accommodation Buildings are located:
1. In those parts of the Shire that arenormally frequented by visitorsand tourists, or are adjacent toroads normally travelled bytourists to or through the Shire;and
2. On land that is suitable for the useand of an area sufficient area toaccommodate the requirements ofthis Code, whilst having regard tothe following:(a) The existing development on
P1.1Accommodation Buildings are located:
1. In the Town – ResidentialAccommodation Precinct, Town –Commercial Precinct, Village Zoneor Gemfields Zone; or
2. Not more than 500 m from theTown – Recreation Precinct.
P1.2Accommodation Buildings are located onlots with a:
1. Minimum lot size of 1000m2; and2. Minimum primary road frontage of
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the site;(b) The existing and proposed
amenity of the Zone/Precinct; and
(c) The topography of the site.
Note: Trees are to maintained and are notto cause a threat to public safety,
20m.
P1.3Accommodation Buildings have a maximumsite cover as follows:
1. 50% for all parts of a building orbuildings one storey in height; and
2. 40% for all parts of a building orbuildings two storeys in height;and
3. 35% for all parts of a building orbuildings more than 2 storeys inheight.
Development DensityS2The development density is consistent withthe Overall Outcomes of the Zone andArea/Precinct in which the site is situated.
P2.1For Accommodation Buildings the maximumnumber of accommodation units on a site is1 accommodation unit per 200m2 of sitearea.
Landscaped AreasS3Sufficient landscaped areas are providedon-site:
1. To compliment any streetplantings;
2. To provide soft and hardlandscaped areas on-site;
3. To screen unsightly buildings;4. To accommodate the communal
and private open space needs ofresidents;
5. To provide shaded recreationalareas;
6. To offer shelter to buildings with awestern aspect; and
7. To accommodate communalrefuge storage and other services.
P3.1Accommodation Buildings have landscapedareas which comprise at least 30% of thesite, of which a minimum of 15% of the siteas useable landscaped areas.100
Carparking and AccessS4Vehicular access to the site is safe andallows for easy vehicle manoeuvring.
P4.1Access driveways and any visitor carparking is:
1. Provided with an impervious seal;and
2. Located and designed so thatvehicles can exit the site in aforward gear.
S5The design and location of vehicle accessand parking areas within the development:
1. Has minimal impacts upon theamenity of neighbouringresidential properties; and
2. Contributes to the development ofan attractive residentialstreetscape.
Proponents are encouraged to considervehicle parking and turning areas that are
P5.1Vehicle access and parking areas arelocated 8m from windows to an adjoiningdwelling unit or accommodation unit on anadjoining property.
100 See also the provisions of P11.1, of this Code which relate to landscaped areas.
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screened by fencing or landscaping or acombination of both to minimise a vehicle’sglare and light intrusion in to neighbouringproperties.
Building Design, Layout and StreetscapeS6The development is sited and designedtaking into account the relationship toadjoining premises and the street, and thelocality which establishes the overall settingof the premises; having regard to thefollowing:
1. The built form of existing buildingsin the surrounding area;
2. Significant site features such asshade trees or vegetation that canbe incorporated into the buildingand landscape design;
3. The location and amenity ofadjacent buildings; and
4. The streetscape character andcontext.
P6.1The primary road frontage setback forbuildings is within 20% of the averagesetback of adjoining buildings to the samestreet, or where there are no buildings onadjoining sites the setback is as specified inthe relevant Zone Code.
P6.2Buildings and structures, such as pergolasand gazebos, used for recreationalpurposes can be located in front of thebuilding line, provided that they have amaximum site cover (whether pervious orimpervious covering) of 10m2;
P6.3Walls of buildings which face the street orpublic areas have a maximum length of12m between articulations (regardless ofthe number of openings or windows), toavoid the appearance of building bulk.
P6.5The maximum length of any one building is20m.
Privacy and SafetyS7The development provides residents of thedevelopment and residents of adjacentresidential properties with visual andacoustic privacy.
P7.1Direct views between habitable rooms ofadjacent dwelling units or accommodationunits, or between habitable rooms and theprivate open space of adjacent dwellingunits or accommodation units (whether partof the development or on land adjacent tothe development) are obscured by:
1. Screening that is durable,permanently fixed and has amaximum of 25% openings; or
2. Existing dense vegetation or newplanting that can achieve a 75%screening within 3 years ofplanting.
S8Any front fences and walls provided forprivacy or to define the property:
1. Allow for casual surveillance of thestreet; and
2. Are compatible with the buildingand streetscape.
P8.1Where located in the Town Zone, fencesand walls along the road frontage are amaximum of:
1. 1.2m high if solid; or2. 1.5m high if the fence has
openings which make it at least50% transparent.
P8.2As an exception to P8.1 above, solid frontfences and walls up to 1.8m high may be
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provided where:1. The useable landscaped areas
and private open space areas arein front of buildings and the fencelength is limited to 75% of thefrontage; or
2. The fence or wall fronts a mainroad and
3. the length of the fence or walldoes not exceed 15m in lengthwithout some articulation ordetailing to provide visual interest.
Development on sites with frontage to a Main RoadS9Development on sites with a frontage to amain road are designed such that thenegative effects of traffic noise areminimised and resident privacy is protected,having regard to:
1. Building siting;2. The use of front fences and walls;3. Internal layout of buildings;4. The location of communal and
private open space areas.
P9.1Walls of buildings that face the roadfrontage have very few or no openings.
P9.2Mature landscaping is provided along wallsreferred to in P9.1 above, to avoid theappearance of blank walls from the road.
P9.3The room layout within accommodationunits is arranged to reduce the impact ofnoise on the rooms which are mostsensitive to noise. Eg. locate bathrooms,hallways, stairways, storage rooms and carparking closest to the road frontage.
P9.4Private open space areas are not located inthe building setback to the road.
P9.5Usable landscaped areas and private openspace areas are only located in the buildingsetback to the road, where resident privacycan be maintained with the use of a solidfence or wall provided in accordance withP8.2 (1) above.
P9.6Any walls or fences along the road frontagehighlight site entrances and ensure thatthey are easily identifiable.
AmenityS10Buildings and facilities are located anddesigned so as to minimise potential noiseand light impacts beyond the propertyboundaries, particularly where adjoiningresidential premises.
Air conditioning units and pool filters arelocated, enclosed, of a type, or otherwiseinstalled such that they are least likely tocause an environmental nuisance to anyadjoining premises.
P10.1Vehicular access points are located at least3 metres from any boundary shared withresidential premises or land in the Town –Residential Precinct.
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S11Buildings and facilities are located anddesigned so as to enhance the streetscapeappearance.
P11.1Building setbacks are sufficient to enablethe provision of at least a third of thelandscaped area required in P3.1, acrossthe primary road frontage of the site.
P11.2Air conditioning units and other serviceequipment and areas eg. Bin storage,kitchen vents, pool filters, are located suchthat they are not visible from the street orother public place.
MotelsSite characteristicsS12Motel development is located on parcels ofland of an area that is suitable for the sitingof buildings, landscaped open space toscreen living and recreation areas, andvehicle manoeuvring and parking, havingregard to the following:
1. The existing development in thearea;
2. The existing and proposedamenity of the area;
3. The topography of the site; and4. The number of roads to which the
site has frontage.
P12.1Motels have:
1. A minimum site area of 2000m2;2. A landscaped area comprising at
least 30% of the site; and3. Sufficient land available for the
provision of necessary busmanoeuvring and parking wherethere are more than 30 units inaccord with the DevelopmentStandards Code
AmenityS13Buildings and facilities are located anddesigned so as to minimise potential noiseimpacts beyond the property boundaries,particularly where adjoining residentialpremises.
Air conditioning units and pool filters arelocated, enclosed, of a type, or otherwiseinstalled such that they are least likely tocause an environmental nuisance to anyadjoining premises.
P13.1Vehicular access points are located at least3 metres from any boundary shared withresidential premises or land in the Town –Residential Precinct.
P13.2Restaurants associated with Motels areprovided only where the premises are sitedwithin or adjoining the Town – CommercialPrecinct.
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Division 3—Agricultural Use Code
About the Agricultural Use CodeThe Agricultural Use Code regulates Agriculture and Intensive Agriculture uses,whether they are Self assessable, Code assessable or Impact assessable.The Code would therefore apply to the general growing of plants or crops, as a newuse of land.The Code regulates the location of new uses in terms of their potential impacts on theamenity of nearby residential uses, and the road network.Other potential impacts of the uses, such as on water resources and importanthabitats, are regulated through the relevant Zone Code.
(1) Agricultural Use CodeThe provisions in this division comprise the Agricultural Use Code. They are —1. the Purpose of the Agricultural Use Code - Section (2); and2. the Specific Outcomes, Probable Solutions and Acceptable Solutions for
Agricultural Uses – Table 6.3.1.
(2) The Purpose of the Agricultural Use CodeThe purpose of the Agricultural Use Code is to achieve the following overalloutcomes:1. Agriculture and Intensive Agriculture is:
(a) located where the potential impacts upon the amenity of the area areminimised; and
(b) located where there is adequate vehicular access to service the use,without detriment to the road network’s efficiency and safety.
TABLE 6.3.1 AGRICULTURAL USES
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicable codes,it requires Code assessment. Refer toSection 1.2.9)
All Agriculture and Intensive AgricultureSeparation DistancesS1Agriculture and Intensive Agriculture uses arelocated:
1. Away from urban areas andresidential uses, to protect theamenity from the impacts ofagricultural activities; and
2. In a manner which satisfies theprovisions of the PlanningGuidelines: Separating Agriculturaland Residential Uses.
P/A1.1No Solutions Specified
S2Harvesting, packing and loading of produceis conducted in a manner that minimisesimpacts on the amenity of the locality.
P/A2.1Where located within 1000m of any use inthe Residential Use Class, whether onadjoining land or not, the operation of
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equipment and machinery, and the use ofoutdoor lighting is limited to the following:
1. Monday to Saturday - 7am to7pm;and
2. Sunday and Public Holidays - 8amto 7pm.
All Intensive Agriculture
Road NetworkS3Augmentation of the existing road network isprovided to the extent necessary to serviceintensive agricultural uses.
P3.1External road works, whether new roadconstruction or the upgrade of existing roads,are undertaken to provide a road network inaccordance with:
1. Plans for Trunk Infrastructure –Transport (Part 7 – PIP, section7); and
2. Desired Standards of Service –Transport (Part 7 – PIP, section4); and
3. Design standards specified inthe Development StandardsCode.
.
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Division 4—Animals Code
About the Animals CodeThe Animals Code regulates the keeping of animals, whether they are Selfassessable, Code assessable or Impact assessable.The Code is applicable to new uses whether the keeping of animals is for grazing,breeding, training, or intensive animal husbandry (including aquaculture).The Code does not apply to Domestic Pets, which are separately defined, and areregulated by Council’s Local Laws.The Code regulates the location of new uses in terms of their potential impacts onthe amenity of nearby sensitive uses, and the road network.Other potential impacts of the uses, such as on water resources and importanthabitats, are regulated through the relevant Zone Code and Overlays.
(1) Animals CodeThe provisions in this division comprise the Animals Code. They are —1. the Purpose of the Animals Code - Section (2); and2. the Specific Outcomes, Probable Solutions and Acceptable Solutions for the
keeping of Animals – Table 6.4.1.
(2) The Purpose of the Animals CodeThe purpose of the Animals Code is to achieve the following overall outcomes:1. Animal Husbandry and Intensive Animal Husbandry uses:
(a) are located and designed in a manner that minimises potential impactson the amenity of the area or nearby sensitive uses; and
(b) located where there is adequate vehicular access to service the use,without detriment to the road network’s efficiency and safety; and
(c) located where the risks of environmental harm are minimised.
TABLE 6.4.1 ANIMALS
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicablecodes, it requires Code assessment. Referto Section 1.2.9)
All Animal Husbandry usesSite and LocationS1Animal Husbandry uses are located anddesigned to ensure that the amenity of thesurrounding area, particularly residences, ismaintained and having regard to:
1. The nature of existing and futureuses on adjoining land and in thesurrounding area;
2. The setbacks of animal enclosuresor paddocks;
3. The natural features of the siteincluding topography, soils,watercourses; and
P/A1.1Animal enclosures eg. Stables, barns,holding yards, are separated a minimum of100m from existing or approved uses in theResidential Use Class; or have separationdistances provided in accordance withPART 4: Division 1 - Schedule A (RuralZone Code), whichever is the greaterseparation distance.
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4. The existence of vegetation on thesite which may be retained toscreen the development.
All Intensive Animal Husbandry usesSite and LocationS2Intensive animal husbandry uses are locatedand designed to ensure that the amenity ofthe surrounding area, particularly residences,is maintained and having regard to:
1. The nature of existing and futureuses on adjoining land and in thesurrounding area;
2. The setbacks of animal enclosuresor paddocks;
3. The natural features of the siteincluding topography, soils,watercourses and aquifers; and
4. The existence of vegetation on thesite which may be retained toscreen the development.
P2.1Intensive animal husbandry uses areseparated from existing or approved usesin the Residential Use Class in accordancewith:
Reference Manual for theEstablishment of Operation of BeefCattle Feedlots in Queensland(2000); or
Separation Guidelines forQueensland Piggeries (2001)
P2.2Intensive animal husbandry uses that areEnvironmentally Relevant Activities underthe Environmental Protection Act 1994, arenot located within 5000m of land included inthe Town Zone.
P2.3Vehicle parking and storage areas are notvisible from roads or adjoining properties.
S3The topography of the site is appropriate forthe intended development, having regard tothe potential for erosion and visual impactson surrounding areas.
P3.1The site area has a gradient of less than 1in 20.
S4Intensive animal husbandry uses are locatedto minimise any loss of or fragmentation ofGood Quality Agricultural Land.
P4.1Where the site contains Good QualityAgricultural Land, development is locatedwhere it does not intrude into these areasnor alienate these areas.
S5The development has appropriateinfrastructure
P5.1No Solutions Specified.
Environmental ConsiderationsS6Intensive animal husbandry uses are located,designed and managed such that:
1. Unreasonable or excessive off-siterelease of contaminants does notoccur; that is the activity does notpotentially represent an adversehealth or environmental impactbecause of the presence ofpotentially hazardous substances.
2. The generation of any noise doesnot cause a nuisance to adjoiningproperties or other noise-sensitiveuses;
3. Any emissions of odour, dust or airpollutants do not cause nuisancebeyond the site boundaries;
4. There is no significant adverse
P6.1No Solutions Specified.
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impact on the quality of any surfacewater or groundwater resource; and
5. The ecological and hydraulicprocesses of any watercourses arenot adversely affected.101
Road networkS7Augmentation of the existing road network isprovided to the extent necessary to serviceagricultural uses.
P7.1External road works, whether new roadconstruction or the upgrade of existingroads, are undertaken to provide a roadnetwork in accordance with:
1. Plans for Trunk Infrastructure –Transport (Part 7 – PIP, section 7);and
2. Desired Standards of Service –Transport (Part 7 – PIP, section 4);and
3. Design standards specified in theDevelopment Standards Code.
101 A hydrogeological investigation by a suitably qualified person will need to be prepared to identify any valuablegroundwater resources and their vulnerability to contamination.
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Division 5—Caravan Park and Worker’s Accommodation Code
About the Caravan Park and Worker’s Accommodation CodeThe Caravan Park and Worker’s Accommodation Code regulates Caravan Park, andWorker’s Accommodation uses, whether they are Self assessable, Code assessable orImpact assessable.The Code regulates the location, siting and scale of such uses, the facilities foroccupants, as well as the potential impacts on the amenity of the surrounding area.
(1) Caravan Park and Worker’s Accommodation CodeThe provisions in this division comprise the Caravan Park and Worker’sAccommodation Code. They are—1. the Purpose of the Caravan Park and Worker’s Accommodation Code –
Section (2); and2. the Specific Outcomes, Probable Solutions and Acceptable Solutions for
Caravan Park and Worker’s Accommodation development – Table 6.5.1.
(2) The Purpose of the Caravan Park and Worker’s Accommodation CodeThe purpose of the Caravan Park and Worker’s Accommodation Code is to achievethe following overall outcomes:1. Caravan Parks:
(a) Are provided in a manner that is of a high standard of health, safetyand amenity for visitors and residents;
(b) Are located where they best serve the accommodation needs ofusers, particularly visitors to the Shire;
(c) Are located and designed to be compatible with the locality in whichthey are situated and do not adversely impact upon surroundingresidential premises; and
(d) Contribute positively to the streetscape and town character.2. Worker’s Accommodation:
(a) Is provided in a manner that is of a high standard of health, safetyand amenity for residents;
(b) Is located where they best serve the accommodation needs ofresidents;
(c) Is located and designed to be compatible with the locality in whichthey are situated: and
(d) Does not adversely impact on the amenity of the area due toresidential densities, traffic generation, hours of operation, built form,or associated on-site facilities.
TABLE 6.5.1 CARAVAN PARKS & WORKER’S ACCOMMODATION
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code and Impactassessable development
All Caravan Parks and Worker’s AccommodationSite characteristicsS1Caravan Parks and Worker’sAccommodation are located on parcels ofland of an area that are suitable for the sitingof buildings, landscaped open space toscreen living and recreation areas, andvehicle manoeuvring and parking, havingregard to the following:
1. The existing development in the
P1.1Caravan Parks have:
1. A minimum site area of 4000m2; and2. A landscaped setback width of at
least 5m along all road frontages.
P1.2Worker’s Accommodation has:
1. A minimum site area of 5000m2; and
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area;2. The existing and proposed amenity
of the area;3. The topography of the site;4. The number of roads to which the
site has frontage; and5. The Guidelines on Good Design for
Caravan Parks and RelocatableHome Parks – Solutions forQueensland 1997, DCILGPS.
2. A landscaped setback width of atleast 10m along all road frontages.
AccessS2Access to the development is of a standardand location that does not compromise trafficsafety.
P2.1Combined entry and exit driveways have aminimum width of 8m.
P2.2Vehicular access points are located away fromany boundary shared with an existing use inthe Residential Use Class or land in the Town– Residential Precinct as follows:
1. Caravan Park – minimum of 5m;2. Worker’s Accommodation – minimum
of 10m.
P2.3All caravan, relocatable home, tent or cabinsites have access via the internalroad/driveway system and not directly to apublic road.
AmenityS3Buildings and facilities are located anddesigned so as to minimise potential noiseimpacts beyond the property boundaries,particularly where adjoining residentialpremises.
P3.1Outdoor recreational buildings or facilities eg.Barbeques, pools, gazebos etc. associatedwith the use are located centrally on the site.
P3.2Air conditioning units and pool filters arelocated, enclosed, of a type, or otherwiseinstalled such that they are least likely tocause an environmental nuisance to anyadjoining premises.
S4Buildings and facilities are located anddesigned so as to maintain, and wherepossible enhance, the amenity of the area asviewed from public places.
P4.1Air conditioning units and other serviceequipment and areas eg. Bin storage, clotheslines, pool filters are located such that they donot present an unsightly view to the street orother public place.
Caravan ParksSite characteristicsS5Caravan Parks are located in those parts ofthe Shire that are normally frequented byvisitors and tourists, or are adjacent to roadsnormally travelled by tourists to or throughthe Shire.
P5.1Caravan Parks are located in the Town –Commercial Precinct, Village Zone orGemfields Zone.
Design and LayoutS6Caravan Parks have a design and layout thatis efficient, safe and provides a high level of
P6.1No Solution Specified.
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amenity to park guests.Worker’s AccommodationSite characteristicsS7Worker’s Accommodation is:
1. Located in close proximity to, or on,the site on which workers areemployed; or
2. Located in the town closest to thesite on which workers areemployed; and
3. Are not visually obtrusive as viewedfrom public land or roads, due tothe use of landscaping to screenthe use.
P7.1No Solutions Specified.
AmenityS8On site facilities including:
1. Bus pickup/setdown, parking orturning areas;
2. Resident car parking areas;3. dining halls; and4. Indoor recreation facilities;5. are located and designed so as to:6. Take account of their usage in
unusual hours; and7. Minimise potential noise impacts
beyond the property boundaries,particularly where adjoiningresidential premises.
P8.1Resident car parking areas are setback aminimum of 15m from any boundary sharedwith an existing use in the Residential UseClass or land in the Town – ResidentialPrecinct.
P8.2Dining Halls and indoor recreation rooms aresetback at least 20m to any boundary sharedwith an existing use in the Residential UseClass or land in the Town – ResidentialPrecinct.
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Division 6—Commercial Code
About the Commercial CodeThe Commercial Code regulates most uses in the Commercial Use Class,whether they are Self assessable, Code assessable or Impact assessable. (Note:the Tables of Assessment in the relevant Zone/Overlay stipulate when this Codeis applicable)The Code regulates the scale and form of buildings, their siting and location, theprovision of access and parking, and other design elements that are important inthe Towns of the Shire.
(1) Commercial CodeThe provisions in this division comprise the Commercial Code. They are—1. the Purpose of the Commercial Code – Section (2); and2. the Specific Outcomes, Probable Solutions and Acceptable Solutions for
Commercial development – Table 6.6.1.
(2) The Purpose of the Commercial CodeThe purpose of the Commercial Code is to achieve the following overall outcomes:1. Commercial development is:
(a) Located on sites which are suitable for commercial uses having regardto size, location, and accessibility for vehicles and pedestrians;
(b) Consistent with the desired character and amenity of the locality; and(c) Designed to provide a safe and pleasant environment.
TABLE 6.6.1 COMMERCIAL DEVELOPMENT
Column 1 Column 2
Specific outcomes (S) for Code and Impactassessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicable codes,it requires Code assessment. Refer toSection 1.2.9)
All Uses and Works outside the Town – Commercial Precinct and Village – BusinessAreaBuilding Scale and FormS1Building scale and form:
1. Is consistent with other buildings inthe street;
2. Is consistent with the purpose of theland, as indicated by its Zoning; and
3. Does not negatively impact upon theamenity of adjoining land orstreetscape.
P/A1.1Buildings have a total site cover notexceeding 90%.
P/A1.2A landscaped area that is a minimum of 30%of the site area is provided in accordancewith the Development Standard Code –Landscaping.
All Uses and Works in the Town – Commercial Precinct and Village – Business AreaBuilding Scale and FormS2Development is designed and constructedsuch that it is in keeping with the existingcharacter of the town, and having regard to
P/A2.1A suspended or cantilever awning, or post-supported verandah is provided across allroad frontages of the site, and to the full
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the following:1. The location, scale, height and bulk
of buildings on adjoining premisesand in the surrounding area;
2. The type of building materials usedin the construction of buildings onadjoining premises and in thesurrounding area;
3. The role of the commercial centreeg. Town;
4. The provision of pedestrianpathways and shelter eg. overhangor verandahs along the street; and
5. The location of car parking on sitesin the vicinity.
width of the footpath, to offer shelter topedestrians.
P/A2.2The outermost projection (towards the street)for any verandah provided in accordance withP/A2.1 above, is no closer than 0.5m to thekerb, to ensure that there is sufficientclearance between the structure and the on-street parking areas.
P/A2.3Car parking is provided at the rear of thebuilding.
P/A2.4Buildings have a total site cover notexceeding 90% in the Town – CommercialPrecinct; and
P2.5Discount department stores and shops with atotal use area greater than 1000m2 andshowrooms are acceptable in the Town –Commercial Precinct, where other SpecificOutcomes of this Code can be achieved.
Active FrontagesS3Active frontages are maintained along all roadfrontages.
P/A3.1Where development is a mix of residentialand non residential uses:
1. Dwelling units are located behind orabove non residential uses atground level; and
2. Any car parking or garagesassociated with the residential useare located at the rear of thepremises.
P/A3.2Buildings incorporate a minimum of 70% ofthe frontage as door openings, windowglazing or transparent materials/displayareas, as distinct from blank walls.
P/A3.3Active frontages are punctuated only where itis necessary to provide access driveways toon-site car parking, loading and servicefacilities.
Public safetyS4Commercial development promotes publicsafety.
P/A4.1Entry points to buildings have direct accessonto the street or other public space.
P/A4.2Illuminated pedestrian links are providedthrough landscaped areas to buildingentrances from car parking areas.
P/A4.3
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Landscaping on the site incorporates the useof tree or low shrub species, such thatplanting does not prevent the casualsurveillance of public spaces and car parkingareas, and is achieved by plantings:
1. Providing a tree canopy, with thecanopy height being greater than1.8m; and
2. Providing hedges with a maximumheight of 1m.
Impacts on surrounding residential usesS5Residential amenity is maintained forresidential uses which exist, or which areplanned eg. in the Town – ResidentialPrecinct, on adjoining land to the newcommercial development.
P/A5.1Undesirable visual, noise and odour impactsare avoided or reduced by:
1. The siting of vehicle loading andrefuse storage and collection areasfurthest from land in the Town –Residential Precinct; or
2. These areas are provided withinenclosed service yards with aminimum screen fence height of1.8m;and
3. Limiting refuse collection times todaylight hours; and
4. Locating and designing ventilationand mechanical plant so that theyface away from residential areas.
P/A5.2Where the site area shares a rear and/or sideboundary with land in the Town – ResidentialPrecinct or Village Zoned land, buildingsincorporate the following design features:
1. A minimum building setback of 6mto the shared boundary;
2. A landscaped buffer with aminimum width of 3m, includingmature trees (minimum 45ltr potsize), is provided along the wholerear boundary where residentialuses exist on adjoining land;
3. A solid, timber or block fence with aminimum height of 1.8m is erectedand maintained along the sharedboundary; and
4. The building provides articulationand variations in setback of at least1.5m depth, at least every 10mlength of the building which facesresidential uses on adjoining land.
P5.3Residential amenity and privacy ismaintained, as new commercial developmenthas:
1. Windows and other openings arelocated and designed so they donot directly overlook or look intoresidential uses on adjoining land;
Car parking, Access and Service Vehicles
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S6Carparking access driveways, loading andservice facilities are efficient and safe in theirlocation and design.
P/A6.1Where the site area for development has afrontage to a main road, and also anotherroad frontage, vehicular access is not fromthe main road.
P/A6.2Where development has a single roadfrontage, and involves the development oftwo or more lots, only one common accessdriveway is provided.
P6.3Car parking areas are illuminated.
Landscaping and StreetscapeS7Development is designed and constructedsuch that it is in keeping with the existingcharacter of the town, having regard to thefollowing:
1. The provision of landscaped areas;and
2. The location of any vegetation orstreet trees that contribute to thestreetscape.
P/A7.1A landscaped area that is a minimum of 10%of the site area is provided in accordancewith the Development Standard Code –Landscaping.
P/A7.2All existing street trees are retained unless asa condition of Council are required to beremoved.
P/A7.3Where the development requires more than20 car parking spaces to be provided on site,the majority of landscaping required by PA7.1above, is provided in the car parking area;such that:
1. A 1m minimum landscaped setbackfrom car parking to any roadfrontage is provided; and
2. Established (minimum 100ltr potsize) shade tree species areprovided at a rate of 1 tree per 4 carparking spaces.
Retail/Commercial Complex developmentS8Carparking access driveways, loading andservice facilities are efficient and safe in theirlocation and design.
P8.1The siting and design of on-site facilitiesensures that car parking, loading bays, truckturning areas and refuse storage andcollection areas, are shared betweencommercial uses/tenancies, and are in acentral location to all uses/tenancies
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S9Development achieves a balance between theprovision of commercial facilities anddevelopment, and the provision of a pleasant,safe and attractive Town environment.
P9.1Car parking bonuses can be achieved wherethe development provides or contributes tothe provision of additional landscaping andstreet planting as follows:
1. For every 5m2 of additionallandscaping, over the requirementof 10% of the site, 1 less carparking space is required to beprovided on-site; and
2. For every 1 street tree provided inroad reserve to provide shelter topedestrians, 1 less car parkingspace is required to be provided on-site; and
3. Where the proposed streettreatment is consistent with anyapproved streetscape master planprepared by Council.
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Division 7—Development Standards Code
About the Development Standards CodeThe Development Standards Code regulates the design and siting aspects ofMaterial Change of Use and Reconfiguring a Lot development, as affected byassociated Operational Work. This ensures that in considering howappropriate a particular use is for a site, or how appropriate a site is forsubdivision, in the siting and provision of essential services, is undertakenwhen assessing the primary development application for Material Change ofUse or Reconfiguring a Lot.How the Operational works are to be undertaken, is regulated separately bythe Development Design Code. The Development Design Code is applicableto the carrying out of Operational Works.Example – Car parking associated with a change of use
This Code, the Development Standards Code regulates how much car parkingis to be provided for a particular use, the dimensions of parking spaces, thelocation of driveways and other siting considerations. This is important forconsidering the Material Change of Use; as it may not be feasible to site allnecessary car parking for the use on the site. Plans for the assessment ofthe Material Change of Use need only indicate these aspects of theassociated Operational Works(car parking).The Development Design Code regulates the undertaking of Operational
Works including the manner in which the car park is constructed, sealed ormarked. Plans submitted for assessment of the Operational Works will needto be detailed working drawings.Example – Provision of Roads associated with a new subdivisionThis Code, the Development Standards Code, regulates how wide new road
reserves and the pavement, is to be provided for new lots. Thesedimensions are important for considering the Reconfiguration of a Lotapplication, as it may not be feasible to site all the proposed lots and thenecessary road reserves accessing those lots. Plans for the assessment ofthe Reconfiguration of a Lot application need only indicate these aspects ofthe associated Operational Works(roads).The Development Design Code regulates the undertaking of Operational
Works including the manner in which the road is constructed, sealed ormarked. Plans submitted for assessment of the Operational Works will needto be detailed working drawings.
(1) Development Standards CodeThe provisions in this division comprise the Development Standards Code. Theyare—1. The Purpose of the Development Standards Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for
Operational works – Table 6.7.1.
(2) The Purpose of the Development Standards CodeThe purpose of the Development Standards Code is to achieve the following overalloutcomes. New uses of sites and newly created lots are appropriately designed andsited to incorporate the associated Operational Works aspects of the development;including to ensure that:
a) There is an appropriate standard of road access to the use/new lots;b) Necessary upgrades to external infrastructure networks (eg. transport, water,
sewerage) are identified;c) There is sufficient area provided to accommodate the necessary car parking
for the use;
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d) Connection to reticulated water and sewer systems is provided whereapplicable; and
e) Extension to existing, or provision of new pathways/cycleways is provided,where applicable.
f) There is appropriate provision of site storm water drainage and connection tosuitable stormwater infrastructure;
g) Landscaping is provided to public and private land as appropriate for thedevelopment; and
h) Provision of other services to the site as appropriate.
TABLE 6.7.1 DEVELOPMENT STANDARDS
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code and Impactassessable development
and
Acceptable Solutions (A) for Self assessabledevelopment (where Self assessabledevelopment does not meet the AcceptableSolutions in the applicable codes, it requires Codeassessment. Refer to Section 1.2.9)
APPLICABLE TO MATERIAL CHANGE OF USE AND RECONFIGURING A LOTDEVELOPMENT
RoadsS1The road network of the Shire provides:
1. Convenient and safe access to allallotments for pedestrians, vehiclesand cyclists;
2. Safe, logical and hierarchicaltransport linkages;
3. Appropriate access for buses,emergency and service vehicles;
4. A convenient way for public utilities;5. An opportunity for street
landscaping; and6. An opportunity for on street car
parking.
P1.1All roads which have frontage to the developmentsite, and any new roads created, are of a widthand are of a standard (with or without sealing and,kerb and channelling) as detailed in:
1. Division 7: Schedule A – DevelopmentStandards According to Zoning; and
2. Plans for Trunk Infrastructure –Transport (Part 7, PIP, section 7); and
3. Desired Standards of Service –Transport (Part 7, PIP, section 4)
P1.2Where the road standard stated in P1.1 abovedoes not exist for the development site the road isextended and/or upgraded to provide the requiredstandard in accordance with:
1. Division 7: Schedule A – DevelopmentStandards According to Zoning; and
2. Plans for Trunk Infrastructure –Transport (Part 7, PIP, section 7); and
3. Desired Standards of Service –Transport (Part 7, PIP, section 4)
Car Parking and Access (only applicable to development applications for Material Changeof Use)Vehicular Access and Driveway CrossoversS2Vehicular access arrangements:
1. are appropriate for:(a) The capacity of the parking
area,
P/A2.1For a House, Home Host Accommodation orHome Based Business uses, the drivewaycrossover is not:
1. A secondary property access;
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(b) The volume, frequency andtype of vehicle usage; and
(c) The function and configurationof the access road;
2. minimise any potentially adverseimpacts on:(a) The safety and efficiency of the
road;(b) The integrity of any
infrastructure within the roadreserve; and
(c) The safety of access toadjacent properties; and
3. Are designed and located such thatthere are no significant adverseimpacts on the amenity of premisesin the vicinity.
2. Covering, crossing or located within 1mof any street trees; fire hydrants; watermeters; manholes; or stormwater gullypits;
3. Entering the carriageway at the locationof an existing traffic island, speed controldevice, car parking bay, pedestriancrossing, bus stop or structure within theroadway;
4. Requiring the filling or excavation ofmore than 20m3 of material in theexisting footpath/verge or the cut/fill of200mm from existing footpath level; and
5. Of a pervious standard of constructioneg. gravel, unless located in the RuralZone.
Parking and Loading ProvisionS3Sufficient vehicle parking and loadingfacilities are provided to meet the demandlikely to be generated by the developmenttaking into account any or all of the following:
1. The nature and intensity of theproposed use;
2. The parking demand generated bythe existing use of the premises;
3. The feasibility of physicallyproviding parking on-site;
4. The nature and intensity of existingand likely future development onadjoining premises;
5. The availability of public parking inthe vicinity;
6. The hours of operation of theproposed use and the opportunityfor sharing of parking spaces bymultiple uses;
7. The impact of the parking on theamenity of nearby residents;
8. Existing and likely future trafficconditions and amenity of the area;
9. The recommendations of anyTraffic and Parking Impact Reportprepared for the proposeddevelopment.
10. Development is undertaken andmaintained in accordance with aprepared Traffic and ParkingImpact Report in accordance withDivision 7: Schedule C – Trafficand Parking Impact ReportRequirements , where :
(i) the specified parkingand/or loading is proposedto be less than thatspecified in Division 7:Schedule B – ParkingProvision for the particularuses or uses; or
P/A3.1Vehicle parking and loading facilities are providedin accordance with Division 7: Schedule B –Parking Provision.
P/A3.2Car parking areas have dimensions, and are of astandard as detailed in Division 7: Schedule A –Development Standards According to Zoning.
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(ii) the use or uses proposeddo not have a specifiedparking rate in Division 7:Schedule B – ParkingProvision.
Transport NetworkS4Provision is made to minimise any potentiallyadverse impacts on the safety, efficiency oreffectiveness of the pedestrian, cycle androad network. Where the developmentgenerates the need for more than 50permanent parking spaces; the developmentis undertaken and managed in accordancewith a prepared Traffic and Parking ImpactReport covering the relevant matters detailedin Division 7: Schedule C – Traffic andParking Impact Report Requirements.
No Solutions Specified
Car Park DesignS5Parking spaces and loading bays are:
1. Usable by the occupants of, andvisitors to, the site;
2. Easily accessible from anybuildings on the site;
3. Located to encourage off-streetparking;
4. Located and designed to maintainor improve the character of thearea.
P/A5.1All development provides:
1. Parking spaces that are freely availablefor use by the development’s occupantsand visitors during the business hours ofthe use;
2. Visitor or customer parking spaces thatare located in the most accessibleposition to the main entrance of thebuildings on the site;
3. Except for development in the Town –Commercial Precinct, at least 20% of therequired car parking spaces are locatedso that they are clearly visible from thestreet (unless otherwise required byother use specific Codes);
4. Where car parking is provided at the rearof the site, clear signage is provided toindicate the location of parking areas;
5. Pedestrian pathways or clearancesthrough the car parking area that allowunimpeded access to the buildings onthe site;
6. Parking and pathways at a gradient nogreater than 1:20 being suitable forvehicle access, and pedestrian accessincluding access for persons withdisabilities;
7. Landscaped buffers with a minimumwidth of 1m between the parking areaand any boundary to the site; and
8. Parking areas that are designed toincorporate and retain existing trees witha girth 50cm or greater which exist onthe site.
P/A5.2Parking associated with the development islocated on the same site upon which thedevelopment is carried out.
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P5.3Uses in the Commercial Use Class, which do notmeet the requirements of P/A5.2 above, maylocate parking on another site which is not morethan 200m from the development to which itrelates.
S6The effects of dust, noise, glare or otherpotentially adverse impacts on the amenity,safety and aesthetics of the land in thevicinity are minimised.
P/A6.1The car parking area is imperviously sealed to thestandard stated in Division 7: Schedule A –Development Standards According to Zoning.
P/A6.3A solid fence with a minimum height of 1.8m isconstructed between the parking area and anyadjoining residential use or other noise sensitiveuse, provided that where the site is filled, themaximum height of the fence from natural groundlevel is 2.1m.
P/A6.4Where the parking area is open to the public atnight, and for all parking areas in the TownCommercial Precinct, lighting is provided toensure public safety, and is provided inaccordance with Australian Standard AS 1158.3.1-Road Lighting – Pedestrian Area (Category P)Lighting – Performance and Installation DesignRequirements.
Service Vehicle ProvisionsS7Facilities for loading, unloading, manoeuvringand access for service vehicles are:
1. Accommodated on-site;2. Of a design that allows safe and
efficient access to and from the site;and
3. Of a design that does not undulyimpede vehicular and pedestrianmovement within the site.
P/A7.1The design and provision of access driveways,manoeuvring areas, refuse collection areas andloading facilities for service vehicles is inaccordance with Australian Standard AS 2890.2 –1989- Off Street Parking – Commercial VehicleFacilities.
P/A7.2Service vehicles are able to enter and exit the sitein a forward gear.
Water SupplyS8A reticulated water supply system is availableto all development in the Council’s WaterSupply Area that is of sufficient capacity tomeet the demands imposed upon it by bothconsumers and emergency purposes.
P/A8.1Development is connected to Council’s Waterreticulation where available to the developmentsite, in all circumstances stated in Division 7:Schedule A – Development Standards Accordingto Zoning, in accordance with the DevelopmentDesign Code (Part 6, Division 8).
P/P8.2Development provides necessary trunk WaterSupply infrastructure in accordance with:
1. Plans for Trunk Infrastructure – WaterSupply (Part 7 - PIP, Section 10);2. Desired Standards of Service – WaterSupply (Part 7 - PIP, Section 4); and
3. Development Design Code (Part 6, Division 8).S9Development outside the Council’s Water
P/A9.1Domestic dwelling development outside Council’s
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Supply Area, have a demonstrated watersupply sufficient for domestic and emergencypurposes.
Water Supply Area, has a water supply storagewith water storage for domestic use (minimum 47000 litre capacity).
Sewer System/Effluent DisposalS10A reticulated sewerage system is available toall development in Council’s Water SupplyArea that is of sufficient capacity to meet thedemands imposed upon it by consumers,emergency purposes and environmentalpurposes.
P/A10.1Development is connected to Council’s Sewerreticulation where available to the developmentsite, in all circumstances stated in Division 7:Schedule A – Development Standards Accordingto Zoning, in accordance with the DevelopmentDesign Code (Part 6, Division 8).
P10.2
S11Development outside Council’s Water SupplyArea, have a demonstrated on-site effluentdisposal system, which meets the needs ofthe development without significant negativeimpacts upon ground water quality.
P/A11.1Development outside Council’s Water Supply Areawhich is incapable of being connected to thereticulated sewerage system, has suitable lotsize/s which contain land suitable for on-sitetreatment and disposal methods that meet:
1. The Department of Natural Resourcesand Water On-site Sewerage Code (July2002) or any subsequent update of thatCode; and
2. AS/NZS 1547:2000 On-site DomesticWastewater Management.
Stormwater DrainageS12Stormwater drainage is designed andconstructed to provide adequate capacity forexisting and anticipated development andflows, and to protect against negativeenvironmental impacts, particularly surfaceand ground water quality.
P12.1Stormwater drainage is to meet the requirement ofthe Queensland Urban Drainage MANUALEXCEPT where modified by Division 8.
S13On-site and off-site erosion andsedimentation is minimised, whetherdrainage is via formed drainage systems orrunoff from the site.
P13.1Erosion and Sediment control measures aredesigned and constructed in accordance with thedocument Soil Erosion & Sediment Control –Engineering Guidelines for QueenslandConstruction Sites 1995.
PowerS14Provision for power is made for all new usesand habitable buildings.
P/A14.1All new uses and habitable buildings, andadditional lots created, are provided withconnection to the electricity supply.
P14.2The provision of underground electricity services is
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provided for new buildings and additional lotscreated in the Town, Gemfields and Village Zones.
Footpaths and CyclewaysS15Footpaths and cycleways are designed to:
1. Adequately accommodate existingand anticipated traffic types andvolumes;
2. Provide a safe, stable surface forintended users;
3. Be easily maintained; and4. be of an appropriate width and
longitudinal gradient and providekerb ramps and sight distancesadequate to cater for the number ofpedestrians, cyclists and usergroups.
P/A15.1Footpaths and cycleways are provided for the fulllength of all road frontages to the developmentsite, in all circumstances stated in Division 7:Schedule A – Development Standards Accordingto Zoning,
.
Street TreesS16Street trees which exist in the Town ZoneGemfields and Village Zone, are retained,except where:
1. They pose a threat to the integrityof infrastructure or the safety ofpedestrians;
2. They are of a size thatunreasonably restricts thedevelopment expectations of landin the relevant Zone; or
3. They are a noxious weed.
P/A16.1All existing street trees, in the Town Zone,Gemfields and Village Zone with the followingfeatures are retained:
1. A trunk girth greater than 50cm(measured 1m from the ground); or
2. Are over 2m in height; or3. Provide a shade canopy greater than 3m
in diameter when measured at middayon December 22.
LandscapingS17Development is landscaped in a mannerwhich:
1. Enhances the appearance of thedevelopment internally as well aspositively contributing to thestreetscape;
2. Screens the view of unsightlybuildings, structures, open spacestorage areas from public places,residences and other sensitivedevelopment;
3. Integrates existing vegetation andother natural features of the siteinto the development;
4. Contributes to a comfortable livingenvironment by providing shade toreduce glare and heat absorptionand re-radiation from buildings, carparking areas, and other hardsurfaces;
5. Ensures private outdoor recreationspaces, which are also useable;
6. Provides for shade and thesoftening of hard landscaped orpaved areas, particularly carparking areas;
P/A17.1For any corner lot bounded by 2 or more roadfrontages which form an intersection, the area ofthe lot nearest that intersection has landscapingcomprising trees, shrubs and other vegetation thathave a maximum mature height of 1m, to ensurevehicle sight lines are not obscured.
P/A17.2Landscaping near electric lines should bedesigned and developed so that any vegetation atmaturity or landscaping structures will not exceed4.0m in height on land:
1. In an electric line shadow; or2. Within 5.0 metres of an electric line
shadow; or3. Within 5.0 metres of a substation
boundary.
P17.3Vegetation is planted in a position that is furtherfrom the nearest edge of an electric line shadow orsubstation boundary than the expected maximumheight at maturity of the vegetation.
P17.4
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7. Does not adversely affect vehicularsightlines and road safety; and
8. Does not create unsafe pedestrianenvironments due to inappropriatescreening of public places.
9. Does not adversely impact onelectricity works. All electric linesare protected from encroachmentby vegetation. Landscaping andother works and buffers do notgenerate a potential safety hazardand include provision for accessand public utility infrastructure formaintenance and repair.
On land adjoining an electricity substationboundary, the vegetation foliage at maturity will notbe within 3.0 metres of the substation boundary.However, where a substation has a solid wallalong any part of its boundary, foliage may extentto, but not above or beyond, that solid wall.
P17.5Access for personnel and vehicular access is to bemade available to electricity works in particular tosubstations, poles, stays and towers.
P17.6No interference with other utilities eitherimmediately or when plantings are at full maturity.
Retaining Walls and FencesS18Retaining walls and fences do not affecttraffic or pedestrian safety, and are notoverbearing or unsightly in appearance.
P/A18.1The combined height of any retaining wall andfence does not exceed 2.0m. Other requirementsas per Division 8.
P/A18.2For any corner lot bounded by 2 or more roadfrontages which form an intersection, fence heightis limited to a maximum of 1m for any fence alongany road frontage boundary within 6m of the pointof intersection, to ensure vehicle sight lines are notobscured.
Street Lighting and Street SignsS19Street lighting and street signs are designedand constructed to:
1. Comply with Australian bestpractice standards, methodologyand design;
2. Provide adequate street lightingcommensurate with the surroundinguses and public safety needs; and
3. Provide adequate identification ofstreet names.
P19.1Street signs are provided for all new roads.
P19.2All street lighting in accordance with the AS1158series.
TelecommunicationsS20Provision for telecommunications is made forall new users and habitable buildings and toa contemporary standard at the time of thedevelopment application.
P20.1No solutions specified.
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Division 7: Schedule B—Parking ProvisionFor the purposes of interpreting this Schedule:
1. All car parking requirements specified are the minimum requirements, and do not precludethe provision of additional on-site parking.
2. Where the calculated car parking requirement results in a fraction, fractions are to berounded up to the next whole number if they are equal to or more than 0.5 and roundeddown if they are less than 0.5.
3. Car parking requirements specified on the basis of total use area are for each quantityspecified and each part thereof. Eg. A car parking requirement rate of 1 space per 15m2 fora total use area of 35m2, would equate to 3 spaces.
4. “No specified rate” means the required number of parking spaces and facilities for servicevehicles will be based upon the circumstances of the specific proposal and assessedagainst the Specific Outcomes, information provided with the application and any Traffic andParking Impact Report.
5. “None” means that there are no requirements under the Planning Scheme to provide carparking.
Use Required Number of Parking Spaces andFacilities for Service Vehicles
Rural Use ClassAgriculture NoneAnimal husbandry NoneIntensive animalhusbandry None
Kennels and catteries None
Roadside stallWhere total use area is less than 50m2 – None; orWhere total use area is 50m2 or more – 1 space per 40m2 oftotal use area.
Stock saleyard NoneAll other uses in the RuralUse Class No specified rate
Residential Use Class
Accommodation building
1. 1 space per accommodation unit:; and2. For hostels or dormitory accommodation:
1 space per 4 beds with at least 50% of the requiredspaces, plus the provision of 1 bus bay and manoeuvringof buses for more than 30 rooms; or
3. For Motels:spaces per accommodation unit plus 1 space, plusprovision for 1 bus bay and manoeuvring of buses formotels with more than 30 rooms; or
4. For other accommodation buildings:1 space per 10 accommodation units.
Caretaker’s residence 1 spaceDual Occupancy 1.5 space per dwelling unit
Home based business As determined by Council upon nature and scale of business
Home hostaccommodation
1 space per guest room (in addition to parking provided for thehouse)
House 2 spaces; may be provided in tandemMultiple dwelling 1.25 spaces per dwelling unit
Retirement village 1.1 spaces per dwelling unit, plus 0.5 spaces for eachaccommodation unit plus an ambulance pick-up/set-down area
Worker’s Accommodation No specified rateAll other uses in theResidential Use Class No specified rate
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Commercial Use Class
Caravan park1.1 spaces per dwelling unit site, plus 1 car washing bay per 10sites; and for cabins :1 space per cabin, plus 1 space per 10cabins.
Commercial premises 1 space per 30m2 of gross floor area (GFA)
Food premises 1 space per 15m2 of total use areaHotel 1 space per 20m2 of total use area
Indoor entertainment 1 space per 20m2 of total use area or 1 space per 4 users orvisitors, whichever is the greater
Motor sport facility 3 spaces per 100m2 of total use areaOff street car park NoneOutdoor entertainment No specific ratePlant nursery 1 space per 200m2
Retail/commercial complex The sum of the car parking requirements for each of theindividual shops and other commercial premises.
Service station 3 spaces, or 5 spaces where ancillary shop (<100m2 GFA) isprovided, plus 4 spaces per service bay .
Shop 1 space per 20m2 of total use areaShowroom 1 space per 50m2 of total use areaVehicle showroom 1 space per 100m2 of total use areaAll other uses in theCommercial Use Class No specified rate
Industrial Use ClassLandscape supplies 1 space per 300m2 Gross Floor Area (GFA)
Low impact industry
Motor vehicle workshop - 1 space per 50m2 used for the repairof motor vehicles; orfor other Low Impact Industry uses 1 space per 2.5 employees;or 1 space per 100m2 of total use area whichever is the greater,plus loading and manoeuvring as follows:
1. Site area less than 1000m2 – no requirement;2. Site area 1000-1999m2 – Loading bay(single unit truck
12m x 3.6m)3. Site area 2000m2 – 3999m2 – Loading bay (semi
trailer 15m x 3.6m); or4. Site area 4000m2 or more – Loading bay (semi trailer
15m x 3.6m) and on-site manoeuvring for semi-trailers.
Medium impact industry
1 space per 2.5 employees; or 1 space per 100m2 of total usearea whichever is the greater, plus loading and manoeuvring asfollows:
1. Site area less than 1000m2 – no requirement;2. Site area 1000-1999m2 – Loading bay(single unit truck
12m x 3.6m)3. Site area 2000m2 – 3999m2 – Loading bay (semi
trailer 15m x 3.6m); or4. Site area 4000m2 or more – Loading bay (semi trailer
15m x 3.6m) and on-site manoeuvring for semi-trailers.
High impact industry
1 space per 2.5 employees; or 1 space per 100m2 of total usearea whichever is the greater, plus loading and manoeuvring asfollows:
1. Site area less than 1000m2 – no requirement;2. Site area 1000-1999m2 – Loading bay(single unit truck
12m x 3.6m)3. Site area 2000m2 – 3999m2 – Loading bay (semi
trailer 15m x 3.6m); or4. Site area 4000m2 or more – Loading bay (semi trailer
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15m x 3.6m) and on-site manoeuvring for semi-trailers.
Vehicle and goods depot No specified rateWarehouse 1 space per 200m2 of total use areaAll other uses in theIndustrial Use Class No specified rate
Community Use Class
Community purposes
For Categories 1 and 2 uses – NoneFor Category 4 uses - 1 space per 10 persons capable of beingseatedFor Child care centres – 1 space per 2 employees, plus 3spaces for every space required for employees which may beprovided in tandem to allow for the setting down and picking upof children.For Category 6 uses – 1 space per employee, plus 1 space per10 students of driving age, plus a paved setdown area forbuses.Other Community Purposes uses – 1 space per 50m2 of totaluse area.
Open space No specific ratePublic facility – operational None
Public facility – other
For Hospitals – 1 space per 4 beds, plus 1 space per 2employees (except where accommodation for employees withassociated parking spaces are provided on the site), plus 1space per staff doctor; plus an ambulance pick-up/set-downareaFor Nursing homes – 1 space per 2 employees based upon themaximum number of employees engaged at any one time, plus1 space per 5 beds or occupants of the premises; plus anambulance pick-up/set-down area
For other Public facility – other uses - No specified rate
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Division 7: Schedule C—Traffic and Parking Impact ReportRequirements
A Traffic and Parking Impact Report is required to be prepared by suitably qualified persons, for theassessment of development applications for:
1. uses which generate the need for more than 50 permanent parking spaces;2. uses where the proposed amount of car parking and facilities for service vehicles is less
than that specified in Division 7: Schedule B – Parking Provision; or3. uses which have no specified parking rate in Division 7: Schedule B – Parking Provision.
A Traffic and Parking Impact Report is to address those of the following issues that are relevant to theproposed development:
1. A review of the existing and proposed on site car parking, and the existing and proposedroad network and road operation conditions;
2. The amount of traffic likely to be generated by the development including:3. the number of employees,4. customer frequency and numbers;5. hours of operation; and6. any possibilities of shared parking in off peak hours.7. The likely impact of the development on the movement of traffic on the road system. This
includes the impact of generated traffic on:(a) Nearby intersections;(b) Local roads in the neighbourhood of the development;(c) Existing nearby major traffic generating development; and(d) The major road network.
8. The likely impact of the traffic generated by the development on the road pavement,crossings, bridges and other surface and underground infrastructure;
9. Existing public parking supply and demand in the vicinity of the proposed development;10. The level of provision for parking in the development based on land use and any alternative
modes of transport available;11. Measures provided to encourage and cater for alternative modes of transport including
walking, cycling and public transport;12. The means of providing safe, and appropriately designed and located access to and from
the site;13. The adequacy of provision for the loading, unloading, manoeuvring, standing and parking of
vehicles on the site;14. Any comments made by the Department of Main Roads and Queensland Transport; and15. The existing and likely future amenity of the surrounding area.
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Division 8—Development Design Code
About the Development Design CodeThe Development Design Code regulates Operational Work, whether thoseworks are associated with a Material Change or Use or Reconfiguring a Lotapplication, or whether works are undertaken independently.The Development Design Code states how to undertake the works, includingthe works design, construction methods, construction materials and provisionof infrastructure.Operational Works are categorised into the following:
1 extracting gravel, rock, sand or soil from the place where it occursnaturally; or
2 conducting a forest practice; or3 filling and excavating that materially affects premises or their use; or4 placing an advertising device on premises; or5 undertaking work (other than destroying or removing vegetation not on
freehold land) in, on, over or under premises that materially affectspremises or their use; or
6 clearing vegetation on freehold land; or7 operations of any kind and all things constructed or installed that allow
taking, or interfering with, water (other than using a water truck to pumpwater) under the Water Act 2000; but does not include building,drainage or plumbing work.
Only those categories of Operational Works which are self-assessable orassessable development appear in this Code. Some forms of OperationalWorks are Exempt (see Table of Assessment in the relevant Zone/ Overlay)either because this form of development is purposely not regulated by theplanning scheme, or because Schedule 8 of the IPA makes this form ofdevelopment Exempt.
(1) Development Design CodeThe provisions in this division comprise the Development Design Code. They are—1. The Purpose of the Development Design Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for Operational
works – Table 6.8.1.(2) The Purpose of the Development Design Code
The purpose of the Development Design Code is to achieve the following overall outcomes.Operational works are designed and constructed to:
a) Protect or adequately minimise potential adverse effects on the environment;b) Provide a level of public infrastructure service equivalent to Australian best practice
standards: andc) Optimise the life-cycle costs of public infrastructure; andd) Enhance the environmental amenity and quality of life; ande) Ensure the function, efficiency and safety features of existing infrastructure are
protected and improved.
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TABLE 6.8.1 DEVELOPMENT DESIGNS
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meetthe Acceptable Solutions in the applicablecodes, it requires Code assessment.Refer to Section 1.2.9)
All Operational Work
S1While undertaking development works,the site and adjoining road aremaintained in a tidy, safe and hygienicmanner and are not to causeunacceptable air emissions.
P/A1.1Any waste generated whilst undertakingworks on the site is removed off thesite.
S2While undertaking development works,
the site and adjoining road aremaintained free of obstacles to traffic, tomaintain efficient traffic movements andsafety.
P2.1Operational road reserves are kept freeof the storage, stock piling or loading ofmaterials associated with the on-siteworks.
Filling and excavating
S3Filling and excavating is structurallystable for the intended purpose anddoes not adversely affect the amenity ofadjoining or surrounding land.
No ‘worsening’ of flood occurs as aresult of the filling or excavationactivity.
P/A3.1Excavation and filling activities areconducted between the hours of 7amand 6pm Monday to Saturday, excludingpublic holidays, and for a total durationnot exceeding 4 weeks.
P/A3.2Excavation and filling activities are to becarried out in accordance with AS3798Guidelines on Earthworks forResidential and CommercialDevelopments and any additionalrequirements referred to in S4 below.
P/A3.3The excavation of filling does notconcentrate or divert stormwater ontoadjoining land to a degree which isworse that that which existed prior tothe works,
P/A3.4The excavation or filling does not causeor allow ponding or water on the site or
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adjoining land.
P/A3.5Areas of fill and excavation are graded,compacted and planted and/or mulchedimmediately after the dumping operationis complete.
P/A3.6Dust from excavation and filling ismanaged by the:1. Covering of unearthed material in
windy conditions;2. Covering of vehicles hauling
material to or from the site; and3. The wetting of unearthed material
or exposed earth in windyconditions.
P/A3.7Where an area of more than 1000m3 of filland excavation is involved, the fillingand excavating is staged, with previousstages being progressively finished andrehabilitated (e.g. graded, compactedand planted and/or mulched) to reducevisual impacts, dust generation, erosionand sedimentation.
P/A3.8No worsening of flooding occurs as aresult of the filling or excavation activity.
S4Filling and excavating does notadversely affect existing infrastructure.
P/A4.1Filling activities do not cover existingsewerage access chambers or otherinfrastructure access points. Theseinfrastructure access points must beraised to surface.
P/A4.2Any excavation or filling does not occurwithin:
1. 10 metres of any tower, pole,foundation, ground anchorage orstay supporting electric lines orassociated equipment; or
2. 5 metres of a substation siteboundary; or
3. 2 metres of a padmountsubstation; or
4. 1 metre of a padmount transformer
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or an underground cable.
P/A4.3The laying of metal pipes does not occurwithin:
1. 5 metres of any tower, pole,foundation, ground anchorage orstay supporting electric lines orassociated equipment; or
2. 5 metres of any substation siteboundary; or
3. 5 metres of, and parallel to, anelectric line shadow.
P/A4.4The excavation of filling does not resultin the inundation of land containingelectricity works.
P/A4.5The excavation, filling or laying of pipesother than as set out in P/A3.2, P/A3.3and P/A3.4 above where theapplicant/developer can demonstratethat the relevant electricity entity (eg.Ergon Energy Corporation Limited orPowerlink Queensland):
has advised in writing itsagreement to the excavation,filling or laying or pipes;
OR has entered into an agreement
with the applicant/developer toprovide services that willachieve the purpose of theElectrical Safety Act 2002.
Note:Development involving filling,excavation or laying of metal pipes onLand Contiguous to Electricity Worksshould be referred to the relevantelectricity entity for a safety advice onthe proposed development, before anyapplication is lodged with Council orbefore any Exempt or Self Assessabledevelopment is commenced.
Note:Signage near electricity works will needto comply with the minimum safetyclearances in the Electrical Safety Act2002 and Electrical Safety Regulations2002.
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S5On-site and off-site erosion andsedimentation is minimised, whetherdrainage is via formed drainagesystems or runoff from the site.
P/A5.1Sediment fences, earth berms andtemporary drainage are provided andlocated to prevent sediment beingtransported to adjoining properties,roads and/or drainage systems.Areas of fill and excavation are graded,compacted an planted and/or mulchedimmediately after the dumpingoperation is compete.
P/A5.2Dust from excavation and filling ismanaged by the:
1. Covering of unearthed materialin windy conditions;
2. Covering of vehicles haulingmaterial to or from the site; and
3. The wetting of unearthedmaterial or exposed earth inwindy conditions.
P/A5.3Where an area of more than 1000m3 offill and excavation is involved, the fillingand excavation is staged, with previousstages being progressively finished andrehabilitated (e.g graded, compactedand planted and/or mulched) to reducevisual impacts, dust generation, erosionand sedimentation.
P/A5.4No ‘worsening’ of flood occurs as aresult of the filling or excavationactivity.
S6Filling and excavating does notadversely affect existing infrastructure.
P/A6.1Filling activities do not cover existingsewerage access chambers or otherinfrastructure access points. Theseinfrastructure access points must beraised to surface.
P/A6.2Any excavation or filling does not occurwithin:
1. 10 metres of any tower, pole,foundation, ground anchorageor stay supporting electric linesor associated equipment; or
2. 5 metres of a substation siteboundary; or
3. 2 metres of a padmountsubstation; or
4. 1 metre of a padmount
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transformer or an undergroundcable.
P/A6.3The laying of metal pipes does notoccur within:
1. 5 metres of any tower, pole,foundation, ground anchorageor stay supporting electric linesor associated equipment; or
2. 5 metres of a substation siteboundary; or
3. 5 metres of, and parallel to, anelectric line shadow.
P/A6.4The excavation or filling does not resultin the inundation of land containingelectricity works.
P/A6.5The excavation, filling or laying of pipesother than as set out in P/A3.2, P/A3.3and P/A3.4 above where theapplicant/developer can demonstratethat the relevant Electricity Entity (eg.Ergon Energy Corporation Limited orPowerlink Queensland);
1. has advised in writing itsagreement to the excavation,filling or laying of pipes; AND
2. has entered into an agreemtnwith the applicant/developer toprovide services that willachieve the purpose of theElectrical Safety Act 2002.
Note: Development involving filling,excavation or laying of pipes on LandContiguous to Electricity Works shouldbe referred to the relevant electicityentity for a safety advice on theproposed development, before anyapplication is lodged with Council orbefore any Exempt or Self Assessabledevelopment is commenced.
NoteSignage near electricity works will needto comply with the minimum safetyclearances in the Electrical Safety Act2002 and Electrical Safety Regulations2002.
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S7On-site and off-site erosion andsedimentation is minimised, whetherdrainage is via formed drainagesystems or runoff from the site.
P/A7.1Sediment fences, earth berms andtemporary drainage and provided andlocated to prevent sediment beingtransported to adjoining properties,roads and/or drainage systems.
P/A7.2Erosion and Sediment control measuresare designed and constructed inaccordance with the document SoilErosion & Sediment Control –Engineering Guidelines for QueenslandConstruction Sites 1995.
S8Retaining walls and batters aredesigned, constructed and landscapedto:
1. minimise the height of retainingwalls and batter faces;
2. minimise the visual impact onany public place or adjoiningland; and
3. ensure the stability andlongevity of the retaining wallsand batters and the safety ofpeople and properties.
P/A8.1Batters have a maximum slope of 25%and are terraced at every rise of 1.5m inheight with each terrace having aminimum depth of 750mm.
P/A8.2Retaining walls are to be of acommercially available design certifiedby the manufacturer or alternativelydesigned by a Registered ProfessionalEngineer Queensland.
S9Excavation and filling does not result inthe disturbance of contaminatedmaterial or the contamination of landunless properly managed to avoidEnvironmental Harm or risk to people.
P/A9.1Contaminated material is not excavationor use as fill.
Placing of Advertising Devices
Location and Nature of Advertising Devices
S10Advertising devices are located suchthat they do not cause a traffic safetyhazard.
P/A10.1Advertising devices are not constructedor located such that the view of anytraffic sign or street name is obscured.
P/A10.2Advertising devices are located inprivate property or in accordance withDivision 8: Schedule A – Types ofAdvertising Devices Consistent with theCode.
P/A10.3Advertising devices are not located suchthat they present a hazard to
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pedestrians or cyclists.
P/A10.4Advertising devices where located onthe State Controlled road reserve mustcomply with the requirements of theTransport Infrastructure Act 1994 and inparticular the Ancillary Works andEncroachment Notice requirements.
S11Advertising devices installed to a sizethat:
1. Minimises impacts on the visualamenity of the surrounding area;
2. Ensures equitable access tolimited advertising space;
3. Ensures the effects of anyillumination are unobtrusive; and
4. Enhance the existingstreetscape.
P/A11.1Advertising devices have no flashinglights.
P/A11.2Advertising devices which areilluminated are only located on land inthe Gemfields Village and Town Zones(except for the Town-Recreation andTown – Residential Precincts).
P/A11.3Advertising signage in road reserve oron land visible from roads where thespeed limit is over 80km/hr is notlocated:
1. Within 200m of an existing signor the proposed location of anyother approved advertisementfacing the one direction of travel;
2. Within 200m of any intersection;and
3. Within 6m of the side boundary ofany parcel of land upon which itis to be erected.
P/A11.4Advertising devices are defined anddescribed as those in Division 8:Schedule A – Types of AdvertisingDevices Consistent with the Code.
Roads
Road Hierarchy
S12The design and construction of roadswhich provide an optimum combinationof safety, amentity, convenience andeconomcy for residents, road users andthe community generally.
P12.1Urban roads within the Gemfields, Townand Village Zones are provided to astandard consistent with theirClassification as detailed in Division 8:Schedule B – Urban RoadwayCharacteristics.
P12.2Rural roads are provided to a standardconsistent with their Classification as
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detailed in Division 8: Schedule C –Roadway Characteristics.
P12.3Roads are designed and constructed inaccordance with relevant parts of theCapricorn Municipal DevelopmentGuidelines adopted by Council byresolution.
S13Road lighting is to provide anilluminated environment, which isconductive to the safe and comfortablemovement of vehicular and pedestriantraffic at night and discourages illegalacts.
P13.1The lighting provide to all roads is inaccordance with relevant parts of theCapricorn Municipal DevelopmentGuidelines adopted by Council byresolution.
S14Road pavement and surfacing materials,types, layer thicknesses andconfigurations are appropriate to ensurethat the pavement performs adequatelyand requires minimal maintenanceunder the anticipated traffic loading forthe design like adopted.
P14.1Pavements and surfacing materials aredesigned and constructed inaccordance with relevant parts of theCapricorn Municipal DevelopmentGuidelines adopted by Council byresolution.
Car Parking and Access
Vehicular Access and Driveway Crossovers
S15Vehicular access arrangements:
1. are appropriate for:(a) the capacity of the parking
area,(b) the volume, frequency and
type of vehicle usage; and(c) the function and
configuration of the accessroad;
2. minimise any potentially adverseimpacts on:(a) the safety and efficiency of
the road;(b) the integrity of any
infrastructure within theroad reserve; and
(c) the safety of access toadjacent properties; and
3. are designed and located suchthat there are no significantadverse impacts on the amenityof premises in the vicinity.
P/A15.1Vehicular access to Council controlledroads is provided to the site inaccordance with DMR Road Planning &Design Manual, including Chapter 7Cross Sections, APPENDIX 7A Templatefor Vehicle Clearance at PropertyEntrances.
P/A15.2The design and construction of propertyaccesses are to be in accordance withrelevant standard drawings of theCapricorn Municipal DevelopmentGuideline adopted by Councilresolution.
P/A15.3Only one access per lot will be allowedunless otherwise approved by Council.The location of the access is to be inaccordance with the CapricornMunicipal Development Guidelineadopted by Council resolution.
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Car Park Design
S16Parking spaces and loading bays are:
1. Usable by the occupants of, andvisitors to, the site;
2. Easily accessible from anybuildings on the site;
3. Located to encourage off-streetparking;
4. Located and designed tomaintain or improve thecharacter of the area;
5. Located such that a clear, safeand effective circulation systemis provided; and
6. Located such that sufficientqueuing areas for vehiclesentering or exiting the site areprovided.
P/A16.1Vehicle parking and loading facilities areof a dimension consistent with:
1. Australian Standard AS 2890.1 –1993 Parking facilities – Part 1:Off Street Car Parking; and
2. Australian Standard AS 2890.2 –2003 Parking facilities – Part 2:Off Street commercial vehiclefacilities.
P/A16.2Vehicle parking and loading facilities aredesigned and constructed in accordancewith the requirements of AustralianStandard AS 2890.1 – Parking Facilities –Off Street Car Parking
P/A16.3Vehicle parking and loading facilities areline marked in accordance with DMRManual of Uniform Traffic ControlDevices QLD and landscaped inaccordance with DMR standardspecification 11.16 Landscape works.
P/A16.4Where the parking area is open to thepublic at night, and for all parking areasin the Town Commercial Precinct,lighting is provided to ensure publicsafety, and is provided in accordancewith Australian Standard AS 1158.3.1-Road Lighting – Pedestrian Area(Category P) Lighting – Performanceand Installation Design Requirements.
P/A16.5The design and provision of accessdriveways, manoeuvring areas andloading facilities for service vehicles isin accordance with Australian StandardAS 2890.5 – 1993 parking facilities –Part 5 - On Street Parking.
P/A16.6Service vehicles access the site in a safemanner as well as entering and existingthe site in a forward gear.
Water Supply
S17A reticulated water supply system
P17.1The design and construction of the
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managed by Council is provided to theTown of Emerald zone that is ofsufficient capacity to meet the demandsimposed upon it by both consumers andfor emergency purposes.
Within the Gemfields and Village Zonesor where there is an alternative supplynot managed by Council, then writtenproof is required of permission toconnect to the system and evidenceprovided to Council’s satisfaction thatthe system has sufficient capacity tomeet the additional demands to beimposed upon it.
Note: Council should be contacted toascertain these external demands, pointof connection to existing reticulationand operating parameters.
Note: Council offers a network analysisservice that consulting engineers mayutilise in the preparation of reticulationnetworks.
water distribution network and pumpingstations shall be in accordance withrelevant parts of the CapricornMunicipal Development Guidelinesadopted by Council by resolution.
P17.2The design of reservious or other
infrastructure components notaddressed by the Capricorn MunicipalDevelopment Guidelines are to benegotiated with Council.
P17.3The water reticulation takes intoconsideration all external demands thatare presently acting on the system orare likely to do so in the future.
Sewerage System
S18The sewerage system in the town ofEmerald efficiently transports sewagefrom domestic, commercial andindustrial properties using gravity flowpipes and, where this is uneconomic, bypumping to the treatment plant; and inplanning for such a system thefollowing elements of the system aretaken into consideration:
1. Gravity sewers includingjunctions to property servicedrains;
2. Access chambers and otherstructures
3. Rising Mains;4. Pumping Stations.
P18.1The design of the sewerage system shallbe in accordance with the relevant parts ofthe Capricorn Municipal DevelopmentGuideline adopted by Council byresolution.
Stormwater Drainage
S19Stormwater drainage (includinginterallotment drainage) is designed andconstructed to:
1. Provide adequate capacity forexisting and anticipated
P19.1The design of stormwater drainage shallbe in accordance with relevant parts ofthe Capricorn Municipal DevelopmentGuideline adopted by Council byresolution and as modified by Division
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development and flows; and(a) To ensure that inundation of
private and public buildingslocated in flood prone areasoccurs only on rareoccasions and that, in suchevents, surface flow routesconvey floodwaters below theprescribed velocity/depthlimits; and .
(b) To provide convenience andsafety for pedestrians andtraffic in frequent stormwaterflows by controlling thoseflows within prescribedlimits; and
(c) To retain within eachcatchment as much incidentrainfall and runoff as ispossible and appropriate forthe planned use and thecharacteristics of thecatchment; and
2. Comply with Australian bestpractice standards, methodologyand design; and
3. For new development, provide astormwater drainage system inaccordance with the“major/minor” system concept inaccordance with QueenslandUrban Design Manual (QUDM);that is, the “major” system shallprovide safe, well-definedoverland flow paths for rare andextreme storm runoff eventswhile the “minor” system shallbe capable of carrying andcontrolling flows from frequentrunoff events; and
4. For redevelopment, –, ensurethat the estimated peak flow ratefrom the site for the designaverage occurrence interval (ARI)of the receiving minor system isno greater than that which wouldbe expected from the existingdevelopment and is notconcentrated in such a way as tocause nuisance to downstreamproperties, where the proposeddevelopment replaces anexisting development.
8: Schedule D Stormwater DrainageRecurrence intervals.
P19.2Development applications are tocomply with the “Flood Level Plan forDetermination of Floor Levels” for theTown of Emerald in particular, the floorheight of buildings will be governed bythis plan.
P19.3Water Sensitive Urban DesignPrincipals will be considered byCouncil on their merits based ondemonstrated best practice.
P19.4Stormwater quality issues need to beaddressed utilising demonstrated bestpractice design including watersensitive urban design and stormwaterquality design.
S20Sub-surface drainage is provided todrain water from structures to ensure
P/A20.1The design of sub-surface drainage shallbe in accordance with relevant parts ofthe Capricorn Municipal Development
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their satisfactory performance. Guideline adopted by Council byresolution.
S21On-site and off-site erosion andsedimentation is minimised, whetherdrainage is via formed drainagesystems or runoff from the site.
Where development involves works,sediment fences, earth berms andtemporary drainage are provided andlocated to prevent sediment beingtransported to adjoining properties,roads and/or drainage systems.
P/A21.1Erosion and Sediment control measuresare designed and constructed inaccordance with the document SoilErosion & Sediment Control –Engineering Guidelines for QueenslandConstruction Sites 1995.
Power
S22Provision for power is made for all newuses and habitable buildings.
P/A22.1All new uses and habitable buildings,and additional lots created, are providedwith connection to the electricity supplyin accordance with the power authorityrequirements (currently Ergon Energy).
P/A22.1The provision of undergroundelectricity services is provided for newbuildings and additional lots created inthe Town Zone, Gemfields and Villagezone.
Telecommunications
S23Provision for telecommunication ismade for all new uses and habitablebuildings and to a contemporarystandard at the time of the developmentapplication.
P/A23.1All new uses and habitable buildings,and additional lots created, shall haveavailable provision for a permanenttelephone connection.
P/A23.2The Town of Emerald be provided withcontemporary service connection suchas high speed broadband.
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Street Signs
S24Street signs are designed andconstructed to:
1. Comply with Australian bestpractice standards,methodology and design.
2. Provide adequate identificationof street names.
P/A24.1Street signs are provided for all newroads.
Footpaths and Cycleways
S25Footpaths and cycleways are designedand constructed in a manner which:
1. Provides convenient pedestrianand cycle useage;
2. Adequately accommodatesexisting and anticipated traffictypes and volumes;
3. Provides a safe, stable surfacefor intended users;
4. Is easily maintained;5. Is of an appropriate width and
longitudinal gradient and providekerb ramps and sight distancesadequate to cater for the numberof pedestrians, cyclists and usergroups.
P/A25.1The design of footpaths and cyclewaysshall be in accordance with relevantparts of the Capricorn MunicipalDevelopment Guidelines adopted byCouncil by resolution.
Park Provision
S26The areas provided for park in newdevelopments has a size, configuration,topography, surface treatment andprovision of recreation facilitiesconducive to its intended use.
P26.1New parks are designed and constructedin accordance with demonstrated bestpractice, appropriate Australian Standardsand the Capricorn Municipal DevelopmentGuidelines adopted by Council resolution.
P26.2Where overland flow is designed for openspace areas in the Town – RuralResidential Precinct, the area inundatedduring a Q5 rainfall event is not includedin parkland contributions where theinundated land cannot be maintained asactive recreation parkland.
P26.3Where overland flow is designed foropen space area in residential areas, theinundated area of land during a Q10
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rainfall event is not included in parklandcontributions where the inundated landcannot be maintained as activerecreation parkland.
Street Trees
S27Street trees positively contribute to thestreetscape in providing shade topedestrians and to soften otherwisehard landscapes.
P/A27.1All existing street trees, in theGemfields, Village and Town Zones withthe following features are retained:
1. a trunk girth greater than 50cm(measured 1m from the ground);
2. are over 2m in height; or3. provide a shade canopy greater
than 3m in diameter.
Landscaping
S28Development is landscaped in a mannerwhich:
1. Enhances the appearance of thedevelopment internally as well aspositively contributing to thestreetscape;
2. Screens the view of unsightlybuildings, structures, open spacestorage areas from public places,residences and other sensitivedevelopment;
3. Integrates existing vegetationand other natural features of thesite into the development;
4. Contributes to a comfortableliving environment by providingshade to reduce glare and heatabsorption and re-radiation frombuildings, car parking areas, andother hard surfaces;
5. Ensures private outdoorrecreation spaces, which are alsouseable;
6. Provides for shade and thesoftening of hard landscaped orpaved areas, particularly carparking areas;
7. Does not adversely affectvehicular sightlines and roadsafety;
8. Does not create unsafepedestrian environments due toinappropriate screening of publicplaces; and
9. Does not introduce, spread orexacerbate the infestation ofweeds.
10. Does not adversely impact on
P/A28.1Landscaping incorporates the use oftree, shrub and groundcover plantings.
Note:The suggested plant species are thoselisted in Division 8: Schedule F –Suitable Plant Species.
P/A28.2For any corner lot bounded by 2 ormore road frontages which form anintersection, the area of the lot nearestthat intersection has landscapingcomprising trees, shrubs and othervegetation that have a maximum matureheight of 1m, to ensure vehicle sightlines are not obscured.
P/A28.3Assessable development applicationsfor landscaping:
1. are accompanied by aLandscaping Plan, prepared inaccordance with Division 8:Schedule E – Landscaping Plans;and
2. incorporate in the LandscapingPlan the use of plant species aslisted in Division 8: Schedule F –Suitable Plant Species;
P/A28.4Landscaping near electric lines should bedesigned and developed so that any
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electricity works. All electriclines are protected fromencroachment by vegetation.Landscaping and other worksand buffers do not generate apotential safety hazard andinclude provision for access andpublic utility infrastructure formaintenance and repair.
vegetation at maturity or landscapingstructures will not exceed 4.0m in heighton land:
1. in an electric line shadow; or2. within 5.0 metres of an electric line
shadow; or3. within 5.0 metres of a substation
boundary.
P/A28.5Vegetation is planted in a position that isfurther from the nearest edge of an electricline shadow or substation boundary thanthe expected maximum height at maturityof the vegetation.
P/A28.6On land adjoining an electricity substationboundary, the vegetation foliage atmaturity will not be within 3.0 metres ofthe substation boundary. However, wherea substation has a solid wall along anypart of its boundary, foliage may extent to,but not above or beyond, that solid wall.
P/A28.7Access for personnel and vehicularaccess is to be made available toelectricity works in particular tosubstations, poles, stays and towers.
S29Landscaping is provided in a mannerthat is sustainable in the local climateconditions.
P29.1Landscaping incorporates the use of atleast 60% of suitable species asspecified in Division 8: Schedule F–Suitable Plant Species.
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Retaining Walls and Fences
S30Retaining walls and fences do not affecttraffic or pedestrian safety, and are notoverbearing or unsightly in appearance.
P/A30.1The combined height of any retainingwall and fence does not exceed 2.0m.
P/A30.2For any corner lot bounded by 2 ormore road frontages which form anintersection, fence height is limited to amaximum of 1m for any fence along anyroad frontage boundary within 6m of thepoint of intersection, to ensure vehiclesight lines are not obscured.
P/A30.3Compliance with the requirements forprivacy and safety under theAccommodation Building Code.
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Division 8: Schedule A— Types of Advertising Devices Consistentwith the Code
Type of Sign Acceptable dimensions/characteristics
Above Awning Sign:means a sign attached toand supported above anawning.
Above Awning Sign(i) maximum depth of 0.5 m; and(ii) maximum width of 0.3 m; and(iii) no projection beyond the width of the awning or
greater than 2.4 m in length, whichever is theshorter; and
(iv) minimum setback from the face of the awning fasciaof 0.3 m; and
(v) not closer than 0.4 m from any other above awningsign or horizontal projecting wall sign; and
(vi) attached to the side returns of the awning fascia;and
(vii) no more than 1 sign per two tenancies.
Awning Fascia Sign:means a sign attached tothe fascia of an awning.
Awning Fascia Sign(i) no projection above or below the fascia of the
awning; and(ii) no projection within 0.45 m of the vertical projection
of the kerb; and(iii) minimum ground clearance of 2.4 m; and(iv) no more than 1 sign per tenancy.
Below Awning Sign:means a sign attached toand supported below theawning.
Below Awning Sign(I) maximum depth of 0.5 m;(ii) maximum width of 0.3 m;(iii) no projection beyond the width of the awning or
greater than 2.5 m in length, whichever is theshorter;
(iv) no projection within 0.45 m of the vertical projectionof the kerb;
(v) not closer than 2.5 m to any other below awningsign;
(vi) minimum ground clearance of 2.4 m; and(vii) nothing suspended from it; and(viii) no more than 1 sign per tenancy.
Hamper Sign:any advertising signlocated above the doorhead or its equivalentheight and below thatawning level or verandahof a building. It may bepainted or otherwiseaffixed upon the building
Hamper Sign(i) no projection above or below the fascia of the
building;(ii) not greater than two-thirds the depth of the fascia, or
0.95 m, whichever is the lesser; and(iii) no projection more than 0.2 m from the vertical face
of the fascia; and(iv) no more than 1 sign per tenancy.
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Business Plate:means a sign identifyinga business operating inpremises, such asmedical practitionersand professionals
Business Plate(i) maximum content is the name, business,
qualifications, and phone number; and(ii) no more than one sign per tenancy.
Home Based BusinessSign:
means a sign identifying abusiness which isoperated as a HomeBased Business (Classes1 – 3)
Home Based Business Sign(i) only one sign per lot;(ii) this is the only sign on the lot;(iii) maximum content is the name, business,
qualifications, and phone number;(iv) maximum area of 0.6m2; and(v) affixed to the dwelling or front fence.
Pole or Pylon Sign:means a sign erected on
a single pole or pylonindependent of anybuilding or otherstructure.
Pole or Pylon Sign(i) maximum height of 6 m;(ii) minimum ground clearance of 2.7 m;(iii) maximum area of 6.0 m2 for each face;(iv) maximum length of 2.5 m;(v) maximum width of 0.3 m; and(vi) no movement or rotation; and(vii) no more than one sign per two tenancies.
Roof Sign:means a sign erected on aroof or parapet of abuilding.
Roof Sign(i) maximum length of 3 m;(ii) maximum depth of 0.9 m;(iii) maximum width of 0.3 m;(iv) maximum height above ground level of 6.3 m; and(v) no projection beyond the walls or highest point of
the roof;(vi) may be provided by painting advertising material
onto the roof inclination rather than a fixedstructure; and
(vi) no more than one sign per two tenancies.
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Projecting Wall Sign:means a sign attached toand projecting from thestreet façade of abuilding with the greaterdimension being theprojecting verticaldistance.
Projecting Wall Sign(i) maximum projection of 1.2 m;(ii) maximum depth of 2.4 m;(iii) minimum ground clearance of 3.6 m;(iv) no projection above the eaves or the parapet of the
façade;(v) maximum width of 0.3 m;(vi) minimum distance to side boundaries of 1.5 m;(vii) minimum 0.6 m above any awning roof measured
from the bottom of the awning; and(viii) no movement or rotation; and(ix) no more than one sign per two tenancies.
Wall Signmeans a sign attached to,projected onto orpainted on the wall of abuilding.
Wall Sign(i) no more than two signs on any wall;(ii) no projection beyond the walls; and(iii) total maximum area of 12 m2 for all wall signs or 25%
of the area of the wall, whichever is the lesser.
Bill Board Signa freestanding displaysurface, generallyhaving a rectangularshape, where the widthis greater than theheight, whetherpositioned on theground or on one ormore vertical supports,regardless of methods ofillumination
Bill Board SignNo specific criteria *
*Note: Bill boards are assessable in all circumstancesand impact assessable when advertising products orservices not available on the subject land.
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Division 8: Schedule D—Stormwater Drainage Recurrence Intervals
Average Recurrence Intervals for Design
(i) Major System Design ARI (years) 100
(ii) Minor System Design ARI (years)
Development Category
Central Business and Commercial 10
Industrial 5
Urban Residential High Density-greater than 20 dwelling units/ha 5
Urban Residential Low Density-greater than 5 & up to 20 dwelling units/ha 5
Rural Residential – 2 to 5 dwelling units/ha 5
Recreation Precinct – Parks, etc. 5
Major Roads(Minor Collector and above)
Kerb & ChannelFlow 10*
Cross Drainage(Culverts) 50**
Minor Roads(Access Streets and Access Places)
Kerb & ChannelFlow
Refer to relevantdevelopment
categoryCross Drainage(Culverts) 10**
Notes:* The design ARI for the minor drainage system in a major road shall be that indicated for
the major road, not that for the Development Category of the adjacent area.
** Culverts under roads should be designed to accept the full flow for the minor systemARI shown. In addition the designer must ensure that the 100 year ARI backwater doesnot enter properties upstream. If upstream properties are at a relatively low elevation itmay be necessary to install culverts of capacity greater than that for the minor systemARI design storm to ensure flooding of upstream properties does not occur. In additionthe downstream face of the causeway embankment may need protection whereovertopping is likely to occur.
*** The terms used in this table are described in the Glossary and/or Table 5.06.2 of QUDMSeptember 1992.
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Division 8: Schedule E—Landscaping Plans
Landscaping Plans submitted in support of a development application should:
1. Contain the following information:(a) The location of all existing trees on the site and street frontage/s, and indication of trees
to be removed;(b) The location of any natural features on the site eg. Watercourses, rock formations,
gullies;(c) Indicate the function of planting areas eg. Screen planting, enhancement, feature trees;(d) Indicate by way of a list of plantings, the species proposed to be used;(e) Indicate the location of plantings;(f) Show the general surface treatment of landscaped areas eg. Turf, paving, mulched
gardens;(g) Show the location and type of fencing proposed to be used to the frontage and
boundaries of the site eg. 2m mesh security fence, 1.8m timber batten fence;(h) Show the existing and proposed finished ground levels where any retaining wall, or any
filling and excavating over 1m is proposed; and2. Be scaled or dimensioned plans which are sufficient to show the details stated in 1. above.
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Division 8: Schedule F—Suitable Plant SpeciesLEGEND:
Drought resistance - V - very resistantR - resistantM - moderately resistantT - tender when youngS - susceptible at all ages.
Frost resistance V - very resistantR - resistantM - moderately resistantT - tender when youngS - susceptible at all ages.
Height in metres
Moist soils * Areas suitable where soil moisture is retained forshort periods, after rain. In gullies, depressions, lowland etc.
Clay heavy soils * Suitable
Sandstone or rocky * Suitablesubsoils
Origin N - Australian NativeE - Exotic
It is recommended that proponents reference “Native Plants for the Fitzroy Basin 2003”
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Division 10—Home Based Business Code
About the Home Based Business CodeThe Home Based Business Code regulates Home Based Business uses, whetherthey are Self assessable, Code assessable or Impact assessable.The Code regulates the operation of Home Based Businesses in terms of their size,scale and nature, location and potential to impact on adjoining residential uses.The House Code is also applicable (as indicated by the Tables of Assessment for therelevant Zone) in the consideration of applications for Home Based Business uses.
(1) Home Based Business CodeThe provisions in this division comprise the Home Based Business Code. They are —1. The Purpose of the Home Based Business Code - Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for
Home Based Business development – Table 6.10.1.
(2) The Purpose of the Home Based Business CodeThe purpose of the Home Based Business code is to allow the provision of smallscale businesses in association with the primary use of premises as a house, withoutcompromising the safety of, and amenity enjoyed by, adjoining and nearby premises.
TABLE 6.10.1 HOME BASED BUSINESSES
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicable codes,it requires Code assessment. Refer toSection 1.2.9)
All Home Based BusinessesScale of UseS1The use is of a scale and nature that isconsistent with that of a house, in recognitionof:
1. The predominantly residentialnature of the use of the site and thesurrounding area; and
2. The preference for uses of a scalegreater than that allowed by thisCode and the defined use, to belocated in commercial areas.
P/A1.1The use is conducted by the residents of thehouse.
P/A1.2The use falls within the definition of a homebased business in terms of floor area or areaused.
P/A1.3Any separate building or structure associatedwith the use:
1. Has a maximum height of 8.5m;2. Is not located in the road frontage
setback of the house; and3. Is setback a minimum of 2m from
any other boundary of the site.
P/A1.4
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The maximum number of residentsassociated with the use is 2, and anyadditional residents are considered asemployees attending the site.
P/A1.5Work, other than office activities such asbook-keeping and computer work, is limitedto the hours of 8:00 am to 6:00 pm Mondayto Friday; and 8:00 am to 5:00 pm Saturday.
AmenityS2There are no significant impacts on the visualamenity of the premises or the surroundingarea.
P/A2.1The road frontage setback is not used for thepurpose of the Home Based Business,except for:
1. The provision of on-site car parkingand access; and
2. Signage relating to the business.
P/A2.2Where the curtilage of the house is used forthe Home Based Business, the display ofgoods, stored goods or materials are notvisible.
S3Noise, traffic, waste generated or loadimposed on any public utility is consistentwith that generally associated with a house.
P/A3.1Traffic movements generated by visitors,customers and staff associated with the useare limited to a total of 12 vehicle trips perday (where arriving is one trip and departingis another).
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Division 11—Home Host Accommodation Code
About the Home Host Accommodation CodeThe Home Host Accommodation Code regulates Home Host Accommodation uses,whether they are Self assessable, Code assessable or Impact assessable.The Code regulates the operation of Home Host Accommodation uses in terms oftheir size, scale and nature, location and potential to impact on adjoining residentialuses.The House Code is also applicable (as indicated by the Tables of Assessment for therelevant Zone) in the consideration of applications for Home Host Accommodationuses.
(1) Home Host Accommodation CodeThe provisions in this division comprise the Home Host Accommodation Code. Theyare —1. The Purpose of the Home Host Accommodation Code - Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for
Home Host Accommodation development – Table 6.11.1.
(2) The Purpose of the Home Host Accommodation CodeThe purpose of the Home Host Accommodation Code is to achieve the followingoverall outcomes:1. Home Host Accommodation development:
(a) Is a small scale and low key form of guest accommodation, established andoperated in association with the primary use of the premise as a house;
(b) Does not have significant impacts on residential amenity or privacy; and(c) Provides facilities which are comfortable, safe and enjoyable for the touring
public.
TABLE 6.11.1 HOME HOST ACCOMMODATION
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicable codes,it requires Code assessment. Refer toSection 1.2.9)
All Home Host AccommodationScale of UseS1The size, scale and design of the use is suchthat the accommodation of guests on thepremises does not have significant impactson the amenity of the adjoining premises orthe surrounding area.
P/A1.1The maximum number of visitorsaccommodated on the premises is as follows:
1. Town Zone– 6 visitors; and2. All Other Zones – 10 visitors.
P/A1.2The maximum number of bedrooms used toaccommodate guests is as follows:
1. Town Zone - 3 bedrooms; and2. All Other Zones – 5 bedrooms.
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P/A1.3The maximum height of any new building orother structure is 8.5m from natural groundlevel.
Site CharacteristicsS2The use is located on a site of sufficient areato allow for guest accommodation and carparking.
P/A2.1The site has a minimum area of 800m2.
Guest AmenityS3The design of the house in which the useoperates provides, or is capable of providing,privacy and convenience for both residentsand guests.
P/A3.1All guest rooms are able to be closed off fromthe main thoroughfares of the house. i.e. noopen plan guest accommodation.
P/A3.2The bedrooms for guests are located in thesame building as guest bathroom and toiletfacilities.
P/A3.3Separate bathroom and toilet facilities are tobe provided for residents and guests
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Division 12—House Code
About the House CodeThe House Code regulates all houses, whether they are Self assessable, Codeassessable or Impact assessable.The Code is also applicable in the consideration of applications for Reconfiguring aLot where new lots are to be created.The Code regulates house scale, construction materials, siting, associated activitiesand special requirements for houses on small lots.
New house in the Gemfields Zone Area are to comply with the Gemfields Zone Code.
(1) House CodeThe provisions in this division comprise the House Code. They are —1. The Purpose of the House Code - Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for
Houses – Table 6.12.1.
(2) The Purpose of the House CodeThe purpose of the House Code is to achieve the following overall outcomes:1. Houses are:
(a) Sited and designed in a manner that is consistent with the desired orexisting residential character of the area;
(b) Afforded acceptable levels of privacy, daylight and amenity; and(c) Not subjected to unreasonable hazards or noise because of their
location.
TABLE 6.12.1 HOUSES
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicable codes,it requires Code assessment. Refer toSection 1.2.9)
All Houses (Except for new house in the Gemfields Zone, wherein variations may berequired for compliance with the Gemfields Zone Code)Siting and DesignS1Houses are sited and designed so that theyare compatible with the residential characterof the surrounding area having regard to thefollowing:
1. Building bulk, height and scale;2. Construction materials;3. Design features such as verandahs,
sun hoods, decks, and pitchedroofs.
P/A1.1Site coverage of a house and any associatedbuildings does not exceed 50%.
P/A1.2Dwelling units have a minimum area of 60m2,excluding garages.
S2Houses are of a construction that is suited tothe climate of the Shire and have regard to
P/A2.1Houses are constructed of timber, brick ormasonry; or a combination of these
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the following:1. Construction materials and
methods provide adequateinsulation to protect againstextremes in temperature; and
2. Provision of verandahs, sunhoods,eaves, shutters or blinds to offershelter to the house.
materials.
S3Houses are sited and designed havingconsideration of the impacts on residentialamenity due to the existence of non-residential uses on adjoining properties, andhaving regard to the following:
1. Increased building setbacks toprovide greater separation fromnon-residential uses;
2. The elimination of windows andopenings adjacent to non-residential uses; and
3. The need for a landscaped bufferand/ or screen fencing to protectthe privacy of the house.
P/A3.1Houses are setback a minimum of 200m fromthe site area of any adjoining premises usedfor intensive animal husbandry uses, kennelsand catteries, feedlots and dairies, piggeries,poultry farms, and stables, or, have setbacksprovided in accordance with PART 4:Division 1 - Schedule A (Rural Zone Code),whichever is the greater setback.
P/A3.2Houses are setback a minimum of 3m touses that are not in the Residential UseClass, other than as specified in P/A3.1above.
Parking of VehiclesS4The parking or storage of heavy vehicles, asancillary to the house use, does notadversely impact upon the amenity of thesurrounding area, in particular uses in theResidential Use Class having regard to:
1. Potential noise impacts;2. Visual intrusion into the streetscape
and adjoining premises; and3. Potential impacts on traffic safety.
P/A4.1The parking or storage of heavy vehicles perhouse, is limited to:
1. Town Zone (except Town –Industrial Precinct), Open SpaceZone – 1 truck and 1 trailer;
2. Town – Industrial Precinct - 2vehicles; and
3. All other Zones/Precincts – nospecific rate.
P/A4.2In the Town Zone, the parking or storage ofheavy vehicles is not conducted within 3m ofthe side or rear boundaries.
P/A4.3In the Town - Rural Residential Precinct theparking or storage of heavy vehicles is notconducted within 15m of the side or rearboundaries.
P/A4.4The parking and storage of heavy vehiclesdoes not include the maintenance orservicing of vehicles, which would be definedas an Environmentally Relevant Activity(Motor Vehicle Workshop).
Contaminated LandS5Houses are not located on land which iscontaminated land, to avoid potential hazardsto human health or safety.
P/A5.1Houses are not located on sites where, theexisting use of the land is, or if the land isvacant land with no existing use the mostrecent use of the land was, for a notifiableactivity under the Environmental ProtectionAct 1994.
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P/A5.2Houses are not located on sites where, theexisting use of the land is, or if the land isvacant land with no existing use the mostrecent use of the land was, for an industrialactivity.
P/A5.3Houses are not located on sites that are onthe environmental management register orcontaminated land register under theEnvironmental Protection Act 1994.103
P/A5.4Houses are not located on sites where theland is wholly or partly within an area forwhich an area management advice forindustrial activity or natural mineralisation, orunexploded ordnance has been issued.
Houses on Small Lots (General – within the Town, Village and Gemfields Zones)
Siting and DesignS6Houses:
1. Do not adversely affect theresidential amenity of adjacentresidential uses having regard tothe following:(a) Overshadowing;(b) Privacy and outlook; and(c) Building mass and scale as
seen from neighbouringpremises and the street; and
2. Are of an appearance, scale, heightand bulk that is compatible with thedesired residential character statedin the Purpose of the Code for theZone and Precinct, or the existingresidential character of thesurrounding area.
P/A6.1Houses:
1. Have a maximum building height of2 storeys and 8.5 m;
2. Address the street with the entryfacing the street;
3. Have garages and carports thatare:(a) Integrated with the design of
the house;(b) Have a maximum width of not
more than 50% of the frontagewidth; and
(c) Are setback the same distancefrom the road frontage as thehouse.
4. Have minimum building setbacksfrom road frontages of 6m, giventhan any secondary road frontagesetback is provided as though it is aside boundary setback; and
5. Have minimum side and rearboundary setbacks according to theBuilding Code of Australia, exceptthat where the House is built to theboundary or to within 1m of theboundary:(a) The relevant wall does not
contain windows or openingsand has a maximum height of3m;
(b) It is built to only one of the side
103 Searches of the necessary registers held by the Environmental Protection Agency will be needed toascertain the status of the land proposed for the house. Any development application for a house, which doesnot satisfy the Acceptable Solutions above (and which will therefore require Code Assessable developmentapplication to be made to Council) will be referred to the Environmental Protection Agency as a ConcurrenceAgency.
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boundaries; and(c) The total length of wall on or
within 1m of the boundarydoes not exceed 12m.
Parking of VehiclesS7The parking or storage of heavy vehicles, asancillary to the house use, does notadversely impact upon the amenity of thesurrounding area, in particular uses in theResidential Use Class having regard to:
1. Potential noise impacts;2. Visual intrusion into the streetscape
and adjoining premises; and3. Potential impacts on traffic safety.
P/A7.1Houses on small lots do not include theancillary parking or storage of trucks ortrailers or other heavy vehicles.
Houses on Small Rural Zoned Lots (ie less than 1000m2)S8Houses:
1. Do not adversely affect theresidential amenity of adjacentresidential uses having regard tothe following:(a) Overshadowing;(b) Privacy and outlook; and(c) Building mass and scale as
seen from neighbouringpremises and the street; and
2. Are of an appearance, scale, heightand bulk that is compatible with thedesired residential character statedin the Purpose of the Code for theZone and Precinct, or the existingresidential character of thesurrounding area.
3. Are able to provide services, bothengineering and social in a costeffective and timely manner.
4. Are able to comply with on-sitedisposal methods being:(a) the Department of NaturalResources and Water On-siteSewerage Code (July 2002) or anysubsequent update of that code;and(b) AS/NZS 1547:2000 On-siteDomestic WastewaterManagement
5. Are located so as not to lead tounacceptable inundation, flood andenvironmental risks
6. Are not likely to lead to adversereverse amenity impacts onneighbouring rural lands
No Solutions Specified
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Division 13- Reconfiguring a Lot Code
About the Reconfiguring a Lot CodeThe Reconfiguring a Lot Code regulates development for Reconfiguring a Lot, whichis either Code assessable or Impact assessable.The Code regulates the manner in which land is reconfigured or subdivided, includingminimum lot sizes and dimensions, means of access, open space provision andprovision of essential services.Separately, the Development Standards Code regulates the design and sitingaspects of the Reconfiguring of a Lot development, as affected by associatedOperational Work. This ensures that in considering how appropriate a particular siteis for the proposed subdivision, the aspects of servicing, provision of new roads andother facilities are also considered.The manner in which the operational works associated with the Reconfiguring a Lot isundertaken is regulated by the Development Design Code (as indicated by the Tablesof Assessment for Operational Works relevant to the Zone/Overlay)The House Code is also applicable (as indicated by the Tables of Assessment for therelevant Zone/Overlay) in the consideration of applications for Reconfiguring a Lot.
(1) Reconfiguring a Lot CodeThe provisions in this division comprise the Reconfiguring a Lot Code. They are—1. The Purpose of the Reconfiguring a Lot Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for
Reconfiguring a Lot development – Table 6.13.1.
(2) The Purpose of the Reconfiguring a Lot CodeThe purpose of the Reconfiguring a Lot Code is to achieve the following overalloutcomes:1. Lot design and size is suited to its intended and potential uses, and in the Rural
Zone the agricultural potential of the land;2. A range of lot sizes are available, across the various Zones, Precincts and
Areas, to meet the needs of the community;3. The rearranging of boundaries maintains or improves the usability of the land
and access to all lots;4. The creation of access easements from constructed roads maintains or
improves access to all lots without compromising the functioning or efficiency ofthe existing road network;
5. The creation of additional lots provides lots that:(a) are of an area, dimension and nature that are consistent with the
outcomes sought for the zone in which it occurs, potential uses and anyapproved uses;
(b) reflect significant physical features and constraints of the land;(c) allow for the necessary boundary setbacks and buffer of uses;(d) have appropriate infrastructure and services supplied in an efficient and
cost effective manner;
(e) are of a sufficient area to enable sustainable on-site sewerage treatmentand have demonstrated on-site domestic and emergency water supply inareas where reticulated services are not available; and
(f) are designed such that open spaces, and pedestrian, cycling and roadaccess linkages are provided to existing areas or facilities on adjoiningland.
6. Have sufficient area exclusive of easements to enable the normal use of theland in the zone in which the lot is located.
7. In the Town Zone - Investigation Precinct Areas, an Area Master Plan is to allowfor the orderly and efficient rearrangement and intensification of subdivisionlayout with the timely delivery of services, whilst respecting the existing lawfulrights enjoyed by landowners and neighbours.
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TABLE 6.13.1 RECONFIGURING A LOT DEVELOPMENT
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development
All Reconfiguring of a Lot developmentLot Size and ConfigurationS1The configuration of lots:
1. Have a minimal impact on thenatural environment, having regardto water supply and water quality,effluent disposal, potential erosionand natural habitat;
2. Retain significant landscapefeatures, views and vegetationcover;
3. Provide for a high level ofresidential amenity, access toservices and facilities.
4. Each lot has sufficient land for theintended use
5. All necessary easements for theproposed development areprovided.
P/A1.1Other than in the Rural Zone, each lotcontains an area exclusive of any easementsthat is equal to the minimum area specifiedfor the zone in which the lot is located.
P/A1.2All easements found necessary for theproposed development are provided in favourof the Council or the relevant serviceprovider, without cost to Council, prior to thecommencement of the sue or sealing of theplan of subdivision.
Note:Where development involves building closeto road frontages (including cattle loadingramps, garages etc.) where there areoverhead electric lines, the development willneed to comply with the Electrical Safety Act2002 and Electrical Safety Regulations 2002.
Note:A means to demonstrate compliance is by aReconfiguration of a Lot Assessment Report,as prepared in accordance with Schedule A:Preparation of a Reconfiguration of a LotAssessment Report.
AccessS2Access driveways and access easements:
1. Provide equitable and suitableaccess to lots;
2. Provide for access by fireemergency vehicles; and
3. Are designed so as to be safe, notto impede natural surface drainagepatterns and without significantimpacts on the amenity ofsurrounding premises.
P2.1Access easements or access strips tobattleaxe lots in the Rural Zone, Open SpaceZone, Town - Rural Residential Precinct andthe Town – Investigation Precinct Areas A -D:
1. Have a minimum width of 10m; and2. May be of a pervious seal provided
that: any road or driveway on anaccess easement or access strip isnot located within 50m of anexisting house or any proposed orapproved house site.
P2.2Access easements or access strips tobattleaxe lots in the Town Zone:
1. Have a minimum width of 10m; and2. Have an impervious seal.
Open Space ProvisionS3Development contributes to the provision of
P3.1Public Open Space is provided in
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newly created open space areas in the Shire;and provides for open spaces which:
1. Contribute toward the legibility andcharacter of the surrounding area;
2. Are of an appropriate location, size,shape to meet the formal and/orinformal recreational needs of theimmediate community andsurrounding district;
3. Are linked to the surrounding openspace network and provides forconvenient pedestrian and cyclemovement;
4. Have a multifunction role inproviding for passive and activerecreation, stormwatermanagement and environmentalcare;
5. Are located to enable the retentionof vegetation, watercourses,riparian corridors and other habitatareas, their associated buffers,linkages and any cultural heritagefeatures;
6. Are located adjacent to compatibleland uses, or buffered sufficiently tominimise any adverse impacts fromrecreational development in theopen space; and
7. Are cost-effective to maintain.
accordance with:1. Plans for Trunk Infrastructure –
Public Parks and Community Land(Part 7 – PIP, Section 9); and
2. Desired Standards of Service (Part7 – PIP, Section 4)
Reconfiguring a Lot in the Rural Zone (excluding land in the Rural Living Area)Lot Size and ConfigurationS4Lots are of an appropriate size andconfiguration to sustain the utility andproductive capacity of the land for ruralpurposes; to ensure separation of uses; andto maintain rural character; whilst havingregard for whether the proposed lotboundaries are derived from one or more ofthe following:
1. The configuration of the existingand proposed lots;
2. The nature of any existing use onthe land or intended use of land inthe Rural Zone;
3. The existence of any naturaltopographical features such aswatercourses and gullies whichtraverse or constrain the land;
4. The location of existing roadreserves and access to proposedand existing lots;
5. The opportunity to facilitateimproved land managementpractices; or
6. A detailed assessment of theagricultural quality of the subjectland prepared in accordance with
P4.12000ha is the minimum lot size for newlycreated lots, comprising Good QualityAgricultural Land Classes A, B and C1 asmapped in the Economic ResourcesOverlays Map RES1 Agricultural Land ClassOverlay.
P4.25000ha is the minimum lot size for newlycreated lots, comprising C2 & C3 Class landsas mapped in the Economic ResourcesOverlays Map RES1 Agricultural Land ClassOverlay.
P4.3Lot sizes smaller than those specified in P4.2and – P4.3 above, only occur where theproposal is for the rearrangement of existingboundaries where no additional lots are beingcreated.
P4.4The minimum road frontage for newly createdlots is:
3. 200m for land comprising A, B & C1Class land as mapped in the
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the Planning Guideline: “TheIdentification of Good QualityAgricultural Land” by a suitablyqualified person whichdemonstrates that the subject landhas agricultural potential different tothat as mapped on the EconomicResources Overlays Map RES 1Agricultural Land Class Overlay; or
7. There is an overriding need for thedevelopment and alternative sitesare not available.
8. Where the site and any newlycreated lots are not connected tothe reticulated sewerage system,on-site disposal methods meet:
the Department of NaturalResources and Water On-site Sewerage Code (July2002) or any subsequentupdate of that Code; andAS/NZS 1547:2000 On-siteDomestic WastewaterManagement.
Economic Resources Overlays MapRES1 Agricultural Land ClassOverlay ; and
4. 500m for C2 & C3 Class land asmapped in the EconomicResources Overlays Map RES1Agricultural Land Class Overlay.
P4.5The minimum road frontage to depth ratio fornewly created lots is:
1. 1:5 for land comprising A, B & C1Class land as mapped in theEconomic Resources Overlays MapRES1 Agricultural Land ClassOverlay ; and
2. 1:10 for C2 & C3 Class land asmapped in the Economic ResourcesOverlays Map RES1 AgriculturalLand Class Overlay.
Reconfiguring a Lot in the Rural Zone – Rural Living AreaLot Size and ConfigurationS5Lots are of an appropriate size andconfiguration to sustain the intended overalloutcomes for the Rural Living Area, to ensurenecessary separation of uses, and tomaintain rural character; whilst having regardfor whether the proposed lot boundaries arederived from one or more of the following:
1. The configuration of the existing andproposed lots;
2. The location and nature of anyexisting buildings, existing use on theland or intended use of land in thesurrounding district;
3. The natural landforms andtopography of the land including soiltypes, slopes, flooding and drainagecharacteristics and the location ofexisting vegetation;
4. The existence of any naturaltopographical features such aswatercourses and gullies whichtraverse or constrain the land;
5. The location of existing road reservesand access to proposed and existinglots; and
6. The utilisation of groundwater wateron newly created lots for potablewater supplies.
7. Where the site and any newlycreated lots are not connected to thereticulated sewerage system, on-site
P5.1Newly created lots in the Rural Zone – RuralLiving Area have a minimum:
1. Lot size of 8ha2. Road frontage of 150m
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disposal methods meet:8. the Department of Natural Resources
and Water On-site Sewerage Code(July 2002) or any subsequentupdate of that Code; and
9. AS/NZS 1547:2000 On-site DomesticWastewater Management.
Reconfiguring a Lot in the Open Space ZoneLot Size and ConfigurationS6Lots are of an appropriate size andconfiguration to sustain the intended uses inthe Zone, to provide green spaces andconnectivity of open space networks, whilsthaving regard for whether the proposed lotboundaries are derived from one or more ofthe following:
1. The configuration of the existingand proposed lots;
2. The nature of any existing use onthe land or intended use of land inthe Open Space Zone;
3. The natural landforms andtopography of the land including soiltypes, slopes, flooding anddrainage characteristics and thelocation of existing vegetation;
4. The existence of any naturaltopographical features such aswatercourses and gullies whichtraverse or constrain the land; and
5. The location of existing roadreserves and access to proposedand existing lots.
P6.1No Solution Specified.
Reconfiguring a Lot in the Town ZoneLot Size and ConfigurationS7Lots are of an appropriate size andconfiguration to sustain the intended uses forthe Zone, to ensure necessary separation ofuses, and to maintain town character; whilsthaving regard for whether the proposed lotboundaries are derived from one or more ofthe following:
1. The configuration of the existingand proposed lots;
2. The location and nature of anyexisting buildings, existing use onthe land or intended use of land inthe Town Zone/Precincts;
3. The natural landforms andtopography of the land including soiltypes, slopes, flooding anddrainage characteristics and thelocation of existing vegetation;
4. The existence of any naturaltopographical features such as
P7.1Newly created lots in the Town – ResidentialPrecinct have a minimum:
1. Lot size of 600m2;2. Road frontage of 18m; and3. Frontage to depth ratio of 1:4.
P7.2Newly created lots in the Town – ResidentialAccommodation Precinct have a minimum:
1. Lot size of 450m2;2. Road frontage of 18m; and3. Frontage to depth ratio of 1:4.
P7.3Newly created lots in the Town – RuralResidential Precinct have a minimum:
1. Lot size of 4000m2;2. Road frontage of 80m; and3. Frontage to depth ratio of 1:4.
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watercourses and gullies whichtraverse or constrain the land;
5. The location of existing roadreserves and access to proposedand existing lots; and
6. The utilisation of groundwater wateron newly created lots for potablewater supplies.
7. Where the site and any newlycreated lots are not connected tothe reticulated sewerage system,on-site disposal methods meet:
a) The Department of NaturalResources and Water On-siteSewerage Code (July 2002) orany subsequent update of thatCode; and
b) AS/NZS 1547:2000 On-siteDomestic WastewaterManagement.
P7.4Newly created lots in the Town –LightIndustrial Precinct have a minimum:
1. Lot size of 800m2;2. Road frontage of 18m; and3. Frontage to depth ratio of 1:4.
P6.5Newly created lots in the Town –IndustrialPrecinct have a minimum:
1. Lot size of 1000m2;2. Road frontage of 20m; and3. Frontage to depth ratio of 1:4.
P7.6Newly created lots in the Town – CommercialPrecinct have a minimum:
1. Lot size of 800m2;2. Road frontage of 18m; and3. Frontage to depth ratio of 1:4.
P7.7Newly created lots in other Precincts thanthose referred to in P7.1 – P7.6 above haveno specific minimum lot sizes or lotdimensions. Lot sizes in the InvestigationPrecincts Area A – D will be assessed on themerits of applications lodged with Counciland in line with a Master Plan approach thataddresses the matters in the Purpose andOverall Outcomes identified for eachInvestigation Area – see Section 4.3.2 (2)and Table 4.3.1 (2) in the Town Zone.Applications are to fully address thesematters as part of any Reconfiguration ofLots application.
P7.8Lot sizes or dimensions smaller than thosespecified in P7.1 – P7.6 above, may occurwhere the proposal is for the rearrangementof existing boundaries and where noadditional lots are being created.
Reconfiguring a Lot in the Village ZoneLot Size and ConfigurationS8Lots are of an appropriate size andconfiguration to sustain the intended overalloutcomes for the Village Zone, to ensurenecessary separation of uses, and tomaintain Village character; whilst havingregard for whether the proposed lotboundaries are derived from one or more ofthe following:
1. The configuration of the existing andproposed lots;
2. The location and nature of anyexisting buildings, existing use on the
P8.1Newly created lots in the Village BusinessZoned lots have a minimum:
1. Lot size of 800m2
2. Road frontage of 18m
P8.2Newly created lots in the Village BalanceZoned lots have a minimum:
1. Lot size of 800m2
2. Road frontage of 18m
P8.3
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land or intended use of land in thesurrounding district;
3. The natural landforms andtopography of the land including soiltypes, slopes, flooding and drainagecharacteristics and the location ofexisting vegetation;
4. The existence of any naturaltopographical features such aswatercourses and gullies whichtraverse or constrain the land;
5. The location of existing road reservesand access to proposed and existinglots; and
6. The utilisation of groundwater wateron newly created lots for potablewater supplies.
7. Where the site and any newlycreated lots are not connected to thereticulated sewerage system, on-sitedisposal methods meet:a) the Department of Natural
Resources and Water On-siteSewerage Code (July 2002) orany subsequent update of thatCode; and
b) AS/NZS 1547:2000 On-siteDomestic WastewaterManagement.
Lot sizes or dimensions smaller than thosespecified in P8.1 – P8.2 above, may occurwhere the proposal is for the rearrangementof existing boundaries and where noadditional lots are being created.
Reconfiguring a Lot in the Gemfields ZoneLot Size and ConfigurationS9Lots are of an appropriate size andconfiguration to sustain the intended overalloutcomes for the Gemfields Zone, to ensurenecessary separation of uses, and tomaintain Gemfields character; whilst havingregard for whether the proposed lotboundaries are derived from one or more ofthe following:
1. The configuration of the existing andproposed lots;
2. The location and nature of anyexisting buildings, existing use on theland or intended use of land in thesurrounding district;
3. The natural landforms andtopography of the land including soiltypes, slopes, flooding and drainagecharacteristics and the location ofexisting vegetation;
4. The existence of any naturaltopographical features such aswatercourses and gullies whichtraverse or constrain the land;
5. The location of existing road reservesand access to proposed and existinglots; and
P9.1Newly created lots in the Gemfields CoreArea have a minimum:
1. Lot size of 2000m2
2. Road frontage of 40m
P9.2Newly created lots in the Gemfields BalanceArea have a minimum:
1. Lot size of 4000m2
2. Road frontage of 80m
P9.2Lot sizes or dimensions smaller than thosespecified in P9.1 – P9.2 above, may occurwhere the proposal is for the rearrangementof existing boundaries and where noadditional lots are being created.
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6. The utilisation of groundwater wateron newly created lots for potablewater supplies.
7. Where the site and any newly createdlots are not connected to thereticulated sewerage system, on-sitedisposal methods meet:
a) the Department of NaturalResources and Water On-siteSewerage Code (July 2002) orany subsequent update of thatCode; and
b) AS/NZS 1547:2000 On-site DomesticWastewater Management.
Reconfiguring a Lot in the Special Industry ZoneLot Size and ConfigurationS10Lots are of an appropriate size andconfiguration to sustain the intended overalloutcomes for the Special Industry Zone, toensure necessary separation of uses, and tomaintain special industry character; whilsthaving regard for whether the proposed lotboundaries are derived from one or more ofthe following:
1. The configuration of the existing andproposed lots;
2. The location and nature of anyexisting buildings, existing use on theland or intended use of land in thesurrounding district;
3. The natural landforms andtopography of the land including soiltypes, slopes, flooding and drainagecharacteristics and the location ofexisting vegetation;
4. The existence of any naturaltopographical features such aswatercourses and gullies whichtraverse or constrain the land;
5. The location of existing road reservesand access to proposed and existinglots; and
6. The utilisation of groundwater wateron newly created lots for potablewater supplies.
7. Where the site and any newlycreated lots are not connected to thereticulated sewerage system, on-sitedisposal methods meet:a) the Department of Natural
Resources and Water On-siteSewerage Code (July 2002) orany subsequent update of thatCode; and
b) AS/NZS 1547:2000 On-siteDomestic WastewaterManagement.
P10.1Newly created lots in the Special IndustryZone have a minimum:
1. Lot size of 2000m2
2. Road frontage – no specific standard
P10.2Lot sizes or dimensions smaller than thosespecified in P10.1 above, may occur wherethe proposal is for the rearrangement ofexisting boundaries and where no additionallots are being created.
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Division 13: Schedule A—Reconfiguring a Lot: AssessmentReport Requirements
A Reconfiguration of a Lot Assessment Report is required to be prepared for the assessmentof development applications for all Reconfiguring a Lot development, and is to provideinformation on those of the following that are relevant to the proposed development:
The site and proposal:1. A scaled plan of the site indicating the location of:
(a) Proposed lot boundaries and any proposed staging of lots;(b) Site access and any proposed roads within the site;(c) Proposed building envelopes;(d) Proposed open space provision for recreation and sport; and(e) Topographical and natural features such as watercourses, ridgelines, and
the extent of existing vegetation, and extent of known local flooding.(f) Existing and proposed service corridors
2. A description and location of land uses on adjoining land.3. Where proposed lots are not to be connected to the reticulated sewerage system,
information is supplied that demonstrates that on-site sewerage disposalmethods will meet the Department of Natural Resources and Water On-SiteSewerage Code (July 2002) or any subsequent update of that Code, and AS/NZS1547:2000 On-site Domestic Wastewater Management;
4. A scaled plan with contour information over the site area; or an appraisal of thesite’s topography to the extent necessary to demonstrate compliance with theCode;
5. A plan showing the location of any adjoining Rural Zoned land, existing buildings,and proposed buffers to achieve effective separation distances betweenresidential and agricultural uses, and buffers to watercourses to maintain streamintegrity;
6. Analysis of the opportunities provide linkages to surrounding open spacenetworks, including linear corridors for cycling, walking and horse riding
7. Analysis of the opportunities to retain existing open space areas which areimportant for recreation or as natural habitats, in the allocation of land to satisfythe requirements for open space provision;
8. Potential environmental impacts and proposed measures to minimise impacts.9. A review of flooding issues that may impact on the site. Applicants should
determine the applicability of the Flood Hazard Overlay – Floodplain Assessmentand related provisions in this Planning Scheme. Where relevant, the applicant isto provide a site-based flood study in accordance with the Planning for stronger,more resilient floodplains Part 2 Guideline – Measures to support floodplainmanagement in future planning schemes.
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Town Zone – Investigation Areas:
A Master Plan for an Investigation Area is required as part of a Reconfiguration of LotApplication in any of the Town Zone – Investigation Area A – D. The Master Plan is toaddress the above matters and provide suitable evidence of all landowner’s written support,as well as addressing the following potentially relevant matters:
1. The network of major roads including linkages with State controlled roads;2. Locations of community centres including shopping centres, education and
recreation facilities;3. Location, capacity and sequencing of infrastructure to service the development;4. Likely development yields to be achieved;5. The development program and staging likely to be followed in achieving the
development yield;6. Natural resource management features, such as the location and conservation
status of remnant vegetation, wildlife corridors, watercourses and drainage pathsand proposals for their protection;
7. Open space and buffer areas including continuous corridors (50m in widthminimum) joining areas of endangered and of concern vegetation, and
8. Areas subject to bushfire, landslip and inundation risk and proposed mitigationmeasures.
9. A review of flooding issues that may impact on the site. Applicants should determinethe applicability of the Flood Hazard Overlay – Floodplain Assessment and relatedprovisions in this Planning Scheme. Where relevant, the applicant is to provide a site-based flood study in accordance with the Planning for stronger, more resilientfloodplains Part 2 Guideline – Measures to support floodplain management in futureplanning schemes.
PART 6 DEVELOPMENT OF A STATEDPURPOSE OR OF A STATE TYPE Residential Accommodation Code
Planning Scheme for Emerald Shire (Amendment No. 3)2013 261
Division 14—Residential Accommodation Code
About the Residential Accommodation CodeThe Residential Accommodation Code regulates different types of Multiple dwelling,including townhouses, units and apartments, Retirement village and Dual occupancydevelopments, whether they are Self assessable, Code assessable or Impactassessable.The Code regulates the scale, siting, density and design of development.
(1) Residential Accommodation CodeThe provisions in this division comprise the Residential Accommodation Code. Theyare—1. The Purpose of the Residential Accommodation Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for
Residential Accommodation development – Table 6.14.1.
(2) The Purpose of the Residential Accommodation CodeThe purpose of the Residential Accommodation Code is to achieve the followingoverall outcomes:1. Dual Occupancy, Multiple Dwelling and Retirement Village development:
(a) Is of a scale and design that compliments the residential areas in whichthey are located;
(b) Prevent unacceptable environmental and amenity impacts onsurrounding premises;
(c) Utilise standards that result in safe, pleasant and practical livingenvironments;
(d) Enhance the local streetscape and character of the areas in which theyare located; and
2. Multiple Dwelling and Retirement Village development is located close tocommunity, recreational, social and emergency services.
TABLE 6.14.1 RESIDENTIAL ACCOMMODATION
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code and Impactassessable development;
and
Acceptable Solutions (A) for Self assessabledevelopment (where Self assessabledevelopment does not meet the AcceptableSolutions in the applicable codes, it requiresCode assessment. Refer to Section 1.2.9)
All Residential AccommodationSite and LocationS1Multiple Dwelling and Retirement Villagedevelopment is located on land that issuitable for the use and of an area sufficientarea to accommodate the requirements ofthis Code, whilst having regard to thefollowing:
1. The existing development on thesite;
2. The existing and proposed amenity
P1.1Dual occupancy development is located on lotswith a minimum lot size of 800m2.
P1.2Multiple Dwelling and Retirement Villagedevelopment is located on lots with a minimumlot size of 1000m2 and a minimum primary roadfrontage of 20m.
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of the Zone/Precinct; and3. The topography of the site.
P1.3Multiple dwellings and Retirement villages havea maximum site cover as follows:
1. 50% for all parts of a building orbuildings one storey in height; and
2. 40% for all parts of a building orbuildings two storeys in height; and
3. 35% for all parts of a building orbuildings more than 2 storeys inheight.
Development DensityS2The development density is consistent withthe Overall Outcomes of the Zone andPrecinct in which the site is situated.
P2.1For Dual occupancies the maximum number ofdwelling units on a site is 1 dwelling unit per400m2 of site area.
P2.2For Multiple dwellings and Retirement villagesthe maximum number of dwelling units on a siteis 1 dwelling unit per 250m2 of site area.
P2.3Dwelling units have a minimum area of 60m2,excluding garages.
Landscaped AreasS3Sufficient landscaped areas are provided on-site:
1. To compliment any street plantings;2. To provide soft and hard
landscaped areas on-site;3. To screen unsightly buildings;4. To accommodate the communal
and private open space needs ofresidents;
5. To provide shaded recreationalareas;
6. To offer shelter to buildings with awestern aspect; and
7. To accommodate communal refugestorage and other services.
P3.1Dual occupancy development is provided with aminimum of 40m2 of private open space with aminimum dimension of 5m, for each dwellingunit.
P3.2Multiple dwellings and Retirement villages havelandscaped areas which comprise at least 30%of the site, of which a minimum of 15% of thesite as useable landscaped areas.
P3.3Each dwelling unit in Multiple dwelling andRetirement village developments, is providedwith a private open space area at ground levelwhich:
1. Is a minimum of 25m2 in area;2. has a minimum dimension of 5m;3. Is directly accessible from the dwelling
unit, ideally from living areas or nonhabitable rooms eg. laundry;
4. Contains clothes drying areas whichare screened from view of adjoiningroads to protect the amenity of thesurrounding area; and
5. Is fenced or otherwise screened forprivacy and the exclusive use of thedwelling unit.
Carparking and AccessS4Vehicular access to the site is safe andallows for easy vehicle manoeuvring.
P4.1Access driveways and any visitor car parking is:
1. Provided with an impervious seal; and2. Located and designed so that vehicles
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can exit the site in a forward gear.S5The design and location of vehicle accessand parking areas within the development:
1. Has minimal impacts upon theamenity of neighbouring residentialproperties; and
2. Contributes to the development ofan attractive residential streetscape.
P5.1To reduce glare, vehicle parking and turningareas are screened by fencing or landscapingor a combination of both.
P5.2Vehicle access and parking areas are located atleast 3m away from windows to an adjoiningdwelling unit on an adjoining property.
P5.3For Multiple dwellings and Retirement villages,garage doors do not face the street.
P5.4For Dual occupancies, garages and carportscan face the street where they are designed tomatch with the overall building design in termsof height, roof form, detail, material and colour.
Building Design, Layout and StreetscapeS6The development is sited and designedtaking into account the relationship toadjoining premises and the street, and thelocality which establishes the overall settingof the premises; having regard to thefollowing:
1. The built form of existing buildings inthe surrounding area;
2. Significant site features such asshade trees or vegetation that can beincorporated into the building andlandscape design;
3. The location and amenity of adjacentbuildings; and
4. The streetscape character andcontext.
P6.1The primary road frontage setback for buildingsis within 20% of the average setback ofadjoining buildings to the same street, or wherethere are no buildings on adjoining sites thesetback is as specified in the relevant ZoneCode.
P6.2The pitch of the roof line is the same as anyadjoining premises, as viewed from the street.
P6.3Buildings and structures used for recreationalpurposes can be located in front of the buildingline, provided that they have a maximum sitecover (whether pervious or impervious covering)for pergolas and gazebos at 10m
P6.4Walls of buildings which face the street or publicareas have a maximum length of 12m betweenarticulations (regardless of the number ofopenings or windows), to avoid the appearanceof building bulk.
P6.5For Multiple Dwellings, the maximum length ofany one building is 20m.
Site FacilitiesS6Dwelling units are provided with necessaryfacilities, including garbage bin collectionarea, which are practical and visuallyattractive.
P6.1No Solutions Specified
Privacy and SafetyS7The development provides residents of the
P7.1Direct views between habitable rooms of
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 264
development and residents of adjacentresidential properties with visual and acousticprivacy.
adjacent dwellings and dwelling units, orbetween habitable rooms and the private openspace of adjacent dwellings and dwelling units(whether part of the development or on landadjacent to the development) are obscured by:
1. Screening that is durable,permanently fixed and has amaximum of 25% openings; or
2. Existing dense vegetation or newplanting that can achieve a 75%screening within 3 years of planting.
S8The development is readily accessible andeasily identifiable by emergency servicevehicles.
Development makes provision on all streetfrontages, at the site entries, for signagewhich indicates street and unit numbers.
Where not all units face a road frontage, thesignage required by P9.1 is accompanied byadditional signage which acts as adirectory/map.
P8.1No Solutions Specified
S9Any front fences and walls provided forprivacy or to define the property:
1. Allow for casual surveillance of thestreet; and
2. Are compatible with the buildingand streetscape.
P9.1Where located in the Town Zone, fences andwalls along the road frontage are a maximumof:
1. 1.2m high if solid; or2. 1.5m high if the fence has openings
which make it at least 50%transparent.
P9.2As an exception to P10.1 above, solid frontfences and walls up to 1.8m high may beprovided where:
1. The useable landscaped areas andprivate open space areas for Multipledwellings and Retirement villages, isin front of buildings and the fencelength is limited to 75% of thefrontage; or
2. The fence or wall fronts a main roadand
3. the length of the fence or wall doesnot exceed 15m in length withoutsome articulation or detailing toprovide visual interest.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013 265
Development on sites with frontage to a Main RoadS10Development on sites with a frontage to amain road are designed such that thenegative effects of traffic noise are minimisedand resident privacy is protected, havingregard to:
1. Building siting;2. The use of front fences and walls;3. Internal layout of buildings;4. The location of communal and
private open space areas.
P10.1Mature landscaping is provided along wallsreferred to in P11.1 above, to avoid theappearance of blank walls from the road.
P10.2The room layout within dwellings is arranged toreduce the impact of noise on the rooms whichare most sensitive to noise. Eg. locatebathrooms, hallways, stairways, storage roomsand garages closest to the road frontage.
P10.3Private open space areas are not located in thebuilding setback to the road.
P10.4For Multiple dwellings and Retirement villages,usable landscaped areas and private openspace areas are only located in the buildingsetback to the road, where resident privacy canbe maintained with the use of a solid fence orwall provided in accordance with P10.2 (1)above.
P10.5Development shall include directional signageto highlight site entrances and ensure that theyare easily identifiable.
PART 6 DEVELOPMENT OF A STATEDPURPOSE OR OF A STATE TYPE Service Station Code
Planning Scheme for Emerald Shire (Amendment No. 3)2013 266
Division 15—Service Station Code
About the Service Station CodeThe Service Station Code regulates Service station uses, whether they are Codeassessable or Impact assessable.The Code regulates the scale, siting, and design of development with regards to theirsafety and potential impacts on the amenity of adjoining uses.
(1) Service Station CodeThe provisions in this division comprise the Service Station Code. They are—1. The Purpose of the Service Station Code – Section (2); and2. The Specific Outcomes, Probable Solutions and Acceptable Solutions for
Service Station development – Table 6.15.1.
(2) The Purpose of the Service Station CodeThe purpose of the Service Station Code is to achieve the following overall outcomes:1. Service Stations:
(a) Are located and designed to provide efficient, safe and attractive workingenvironments;
(b) Are located such that the streetscape appearance and amenity ofadjoining uses is not adversely affected; and
(c) Make adequate and safe provision for vehicular access and movement.
TABLE 6.15.1 SERVICE STATIONS
Column 1 Column 2
Specific outcomes (S) for Code andImpact assessable development
Probable Solutions (P) for Code andImpact assessable development;
and
Acceptable Solutions (A) for Selfassessable development (where Selfassessable development does not meet theAcceptable Solutions in the applicable codes,it requires Code assessment. Refer toSection 1.2.9)
All Service StationsLayout and AmenityS1The site has sufficient area and dimensionsto accommodate the required:
1. Buildings and structures;2. Vehicle accesses;3. Vehicle manoeuvring and
loading/unloading areas; and4. Landscaping and buffers.
P1.1The site has:
1. A minimum area of 2000m2; and2. A frontage width of at least 38 m, or
where the site is a corner site, afrontage of 30m on one frontageand 32m on the other.
S2The development is located and designed soas to minimise the visual impact of buildingsand structures, and to provide adequatebuffers to any adjoining residence orresidential area.
P2.1The minimum setbacks to Service Stationfacilities are as follows:
1. Buildings:(a) 14m to the road frontage/s;(b) 6 m to land in the Town –
Residential Precinct; and(c) 2m to other boundaries.
2. Fuel pumps:
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(a) 8m to the road frontage/s; and(b) 10m to other boundaries.
3. Car washes(a) 15m to the road frontage;(b) 6m to land in the Town –
Residential Precinct; and(c) 2m to other boundaries.
P2.2Landscaped setbacks with a minimum widthof 2m are provided along all boundaries ofthe site.
P2.3A minimum 1.8 m high solid fence is providedalong any side and rear boundaries of thesite which adjoin uses in the Residential UseClass or other noise sensitive uses.
S3The development operates without causingadverse impacts on surrounding uses due tothe effects of noise.
P3.1Car wash facilities are enclosed where in oradjoining the Town – Residential Precinct orTown – Residential Accommodation Precinct.
P3.2All plant, machinery and workshops are toachieve the noise generation levels set out inthe Environmental Protection (Noise) Policy1997.
SafetyS4The development achieves acceptable levelsof risk and implements effective emergencymeasures.
P4.1The design and layout of the Service Stationcomplies with Australian Standard AS 1940 –1993 – Storage and Handling of Flammableand Combustible Liquids.
P4.2The design and layout of the Service Stationcomplies with Australian Standard AS 1596 –1997 – Storage and Handling of LP Gas.
Access Servicing and Car parkingS5Vehicular access to the premises:
1. Is adequate and safe for intendedtraffic;
2. Does not cause the intrusion ofnon-residential traffic onto localresidential streets; and
3. Does not detrimentally impact uponthe capacity or efficiency of thelocal road network.
P5.1Driveway crossovers:
1. Have a maximum width of 9m; and2. Are located more than 10m from a
road intersection or other crossoverto the site.
P5.2There are separate entrances to and exitsfrom the site.
P5.3The storage tank inlets are positioned suchthat fuel tankers stand wholly within the sitewhile discharging fuel.
P5.4On-site queuing space is provided for at least3 vehicles to the first bowser in all bowseraisles, and to any car wash.
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P5.5Service stations are not located on cornerlots if the intersection contains traffic islandsor traffic signals.
P5.6As part of the development, a dedication ofroad, free of cost to the Council, is providedas follows:
1. For corner lots, a corner truncationbeing no more than that area of aright angled corner of 9m2 by 3equal chords; and
2. A deceleration lane not more than6m wide along the frontage of thesite.
Service Station and Shop usesS6Service Stations accompanied by shop useshave no greater impacts upon the amenity ofsurrounding uses than a stand alone ServiceStation.
P6.1Service Stations may be accompanied byshop uses where such uses are 100m2 orless
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
PART 7 – PRIORITY INFRASTRUCTURE PLAN
1. INTRODUCTION
1.1. Purpose
(1) This Priority Infrastructure Plan prepared by the Local government of CentralHighlands Regional Council (CHRC) for the former Emerald Shire Planning Scheme:
(a) identifies how the Priority Infrastructure Plan will be applied to development; and
(b) states the projections of future urban growth and the assumptions of demand foreach trunk infrastructure network, which have informed the preparation of thePriority Infrastructure Plan; and
(c) identifies parts of the planning scheme area as being within the PriorityInfrastructure Area (PIA) which is prioritised for development infrastructuredelivery to efficiently accommodate urban growth to the year 2021; and
(d) defines the Desired Standards of Service (DSS) for the supply of DevelopmentInfrastructure that is Trunk Infrastructure; and
(e) identifies and prioritises delivery of trunk infrastructure to service projectedgrowth, through Plans For Trunk Infrastructure (PFTI).
1.2. Application
(1) The Priority Infrastructure Plan states the basis for the:(a) imposition of a condition on development requiring –
i. the supply of necessary trunk infrastructure;ii. the payment of additional trunk infrastructure costs;
(b) imposition by a State infrastructure provider of a condition –i. about protecting or maintaining the safety or efficiency of the
provider’s infrastructure network; orii. for additional infrastructure costs; oriii. about protecting or maintaining the safety and efficiency of public
passenger transport.
(2) The Priority Infrastructure Plan applies to assessable development within theplanning scheme area which places an increased demand on the trunk infrastructurenetworks and is applicable to:
(a) Material Change of Use, where the proposed use materially increases thedemand on the infrastructure network; or
(b) Other Development, being reconfiguring a lot (for additional lots), buildingapplication or operational works which materially increases the demand on theinfrastructure network; or
(c) Any development that increases the demand for trunk infrastructure; or
(d) Any combination of (a), (b) or (c).
1.3. Development Infrastructure
(1) Development infrastructure includes land or works, or both land and works for:
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
(a) Water cycle management infrastructure including infrastructure for watersupply, sewerage, collecting water, treating water, stream managing, disposing ofwaters and flood mitigation.
(b) Stormwater management infrastructure including stormwater quantity, qualityand waterway management such as riparian enhancement, gross pollutant traps,detention facilities, piped drainage, open channels and culverts.
(c) Transport infrastructure including roads, vehicle lay-bys, traffic control devices,bridges, Cycle paths, pathways and the local function of State-controlled roads.
(d) Public parks and open space infrastructure including land, playgroundequipment, playing fields, courts and picnic facilities.
(e) Community facilities land for community activities including community halls,centres, public recreation centres and public libraries.
(2) Development infrastructure varies in scale and includes both:
(a) Trunk Infrastructure –i. shared across a number of users;ii. can generally be planned ahead of development;iii. generally not conditioned as part of a development approval104;iv. identified in Section 10.1 Plans for Trunk Infrastructure; andv. establishment costs are contained within Section 10.3 Trunk
Infrastructure Works.and
(b) Non-trunk Infrastructure -i. development infrastructure that is not trunk infrastructure;ii. generally infrastructure works that are internal to the development and/or
infrastructure works required to connect to the trunk infrastructurenetwork, which are not defined as trunk infrastructure;
iii. may be conditioned as part of a development approval105; andiv. establishment costs are not contained within Section 10.3 Trunk
Infrastructure Works.
1.4. Supply of Necessary Trunk Infrastructure
(1) A condition may be imposed for the supply of necessary trunk infrastructure where:
(a) Existing trunk infrastructure necessary to service the premises is not adequateand trunk infrastructure adequate to service the premises is identified in thePriority Infrastructure Plan; or
(b) Trunk infrastructure to service the premises is necessary, but is not yet availableand is identified in the Priority Infrastructure Plan; or
(c) Trunk infrastructure identified in the Priority Infrastructure Plan is located on thepremises.
1.5. Payment of additional trunk infrastructure costs
(1) A condition may be imposed requiring the payment of additional infrastructure costswhere:
(a) The development –i. is inconsistent with the assumptions set out in Section 1.6; orii. is located partly or completely outside the priority infrastructure area as
set out in Section 2.0; and
104 Unless determined as ‘necessary’ trunk infrastructure as defined in Section649or State infrastructure imposed underSection653of theSustainable Planning Act 2009.
105 Section626of theSustainable Planning Act 2009defines when non-trunk infrastructure may be imposed as a condition.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
(b) The development would impose additional trunk infrastructure costs on –i. the infrastructure provider after taking into account either or both of the
following:1) adopted infrastructure charges levied for the development;2) trunk infrastructure supplied or to be supplied by the applicant; or
ii. the State infrastructure provider.
1.6. Test for Inconsistency with Assumptions for Development Inside the PIA
(1) Development is inconsistent with the assumptions if:
(a) The type of development was not anticipated to occur in that planning schemezone or precinct (refer to the Overall Outcomes for Zones, Precincts and Areasspecified in the Assessment Criteria for the Zones in PART 4 – DevelopmentAssessment); or
(b) The scale of development is such that the proposed demand calculated using thedemand generation rates identified in Section 3.7 is greater than the planneddemand calculated using the rates identified in Table 3.13106; or
(c) The timing of development is such that trunk infrastructure to service thepremises is to be supplied earlier than anticipated in the Priority InfrastructurePlan107.
1.7. Development of Premises outside the PIA
(1) A development proposed to be partly or completely outside the PIA is inconsistentand will be subject to an additional trunk infrastructure cost assessment. Additionalcost conditions may be imposed if the development is approved.
106 This test for consistency does not apply to the Stormwater network as no future stormwater trunk infrastructure is currentlyidentified in the plans for trunk infrastructure. Planned demand is therefore not applicable for stormwater.
107 This test for consistency does not apply to the Stormwater network as no future stormwater trunk infrastructure is currentlyidentified in the plans for trunk infrastructure.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
2. PRIORITY INFRASTRUCTURE AREA2.1. Determination of PIA
(1) The Priority Infrastructure Area (PIA), as illustrated in Appendix 4 - PriorityInfrastructure Plan Map 1 and Zoning Maps 1 – 6 defines those areas of the Localgovernment that are either currently serviced with infrastructure or are planned to beserviced with Trunk Infrastructure over the next 15 years to accommodate theprojected urban growth. Urban growth includes residential, retail and commercial,industrial purposes, as well as supporting community and government purposes.
(2) Areas outside of the PIA contain development use rights but the provision of trunkinfrastructure by the Local government to support urban growth in these areas isgenerally not supported by immediate or medium term funding within capital worksprograms.
(3) Infrastructure may be planned outside of the PIA to demonstrate the preferredservicing arrangements of the Local government however the priority funding andconstruction of trunk infrastructure is within the PIA.
(4) The PIA will be reviewed at least every 5 years based on revised growth projections,actual development rates and approvals, and the Local government’s planning oftrunk infrastructure.
2. PLANNING ASSUMPTIONS3.1. Interpretation
(1) Planning assumptions have been developed to determine existing and futurepopulation, housing, employment, and non-residential floor space within the Localgovernment area. In developing planning assumptions, consideration has been givento relevant parts of the planning scheme.
(2) Planning assumptions about urban development within the PIA and elsewhere in theLocal government form the basis for determining future trunk infrastructure provision.
3.2. Planning Assumptions Overview
(1) The planning assumptions have been developed in accordance with the land useplanning provisions of the planning scheme and the anticipated growth in populationand employment within the area to which the PIP applies. The planning assumptionsform the basis of the plans for trunk infrastructure.
(2) Projected development is categorised as either residential or non-residential.Residential development consists of detached dwellings, multiple dwellings and otherdwellings. Non-residential development includes retail, commercial, industry,government and community services.
(3) Vacant residential and non-residential land stocks, existing development approvalsand land constraints108 have been considered to ensure a sufficient land supply withinthe PIA.
(4) Consideration has been given to other factors which will affect future demand for landand trunk infrastructure. Demographic changes including average household size andoccupancy rates for residential development have been considered. For non-residential development, labour force trends, employee to floor space ratios, andvacancy rates have been considered.
108 Refer toPart 5–Overlays.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
3.3. Time Periods
(1) Growth projections are forecasted for the time periods defined in Table 3.1 –Development Projection Timeframes.
TABLE 3.1 - DEVELOPMENT PROJECTION TIMEFRAMES
Reference Year Time Period2006 Base year2011 2007–20112016 2011–20162021 2016–2021
3.4. Residential Development Projections
3.4.1.Residential Planning Scheme Assumptions
(1) Table 3.2 – Residential Planning Assumptions is based on the planning schemerequirements and defines the minimum lot/unit sizes and assumed density provisionsto ensure sufficient provision of residential land and Trunk Infrastructure toaccommodate the Local government’s future population.
TABLE 3.2 - RESIDENTIAL PLANNING ASSUMPTIONS109
Planning Scheme Zone /Precinct / Area
Total Areaof Land (ha)
% Excludedfor Services,Open Space,Roads etc
Min Lot Size or MaxSite Area
(AccommodationBuildings only) (sqm)
Average Lot Size orAverage Site Area(Accommodation
Buildings only) (sqm)
AssumedResidential
dwellings/Ha(Gross)
AssumedResidential
Dwellings/Ha(Nett)
Town Zone
Residential Precinct 536 25% 600 750 10 13ResidentialAccommodation Precinct(detached)
25% 450 450 16 22
ResidentialAccommodation Precinct(attached)
20% 400 250 32 40
ResidentialAccommodation Precinct(combineddetached/attached(10%/90%))
33 30 38
Rural Residential Precinct 442 10% 4,000 4,000 2.3 2.5
Investigation Areas
Investigation Area A (General)
Rural Residential Precinct 115 10% 4,000 4,000 2.3 2.5
Investigation Area B (General)
Residential Precinct 27 25% 600 750 10 13
Rural Residential Precinct 50 10% 4,000 4,000 2.3 2.5
Investigation Area C (General)
Residential Precinct 94 25% 600 750 10 13
Rural Residential Precinct 91 10% 4,000 4,000 2 2.5
109 Residential planning assumptions have been generalized for the purpose of developing future population and dwellingforecasts only. Reference to the relevant parts of this planning scheme as determined by codes, policies and schedules isto be undertaken when preparing development applications for aspects not related to matters covered under thePriorityInfrastructure Plan.
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Planning Scheme for Emerald Shire (Amendment No. 3)2013
TABLE 3.2 - RESIDENTIAL PLANNING ASSUMPTIONS109
Planning Scheme Zone /Precinct / Area
Total Areaof Land (ha)
% Excludedfor Services,Open Space,Roads etc
Min Lot Size or MaxSite Area
(AccommodationBuildings only) (sqm)
Average Lot Size orAverage Site Area(Accommodation
Buildings only) (sqm)
AssumedResidential
dwellings/Ha(Gross)
AssumedResidential
Dwellings/Ha(Nett)
Investigation Area D (General)
Residential Precinct 41 25% 600 750 10 13
Rural Zone 136 10% 20,000,000 20,000,000 0.0005 0.0005
Village Zone (Comet Only)Balance Area(No retic. Sewer) 21 30% 800 800 9 12
Gemfields ZoneBalance Area(No retic. Sewer) 3,622
20% 4,000 4,000 2 2.5
Core Area 20% 2,000 2,000 4.0 5.0
Rural Zone
Rural Living Area Precinct 2,045 10% 80,000 80,000 0.11 0.13Rural Zone(GQAL A,B,C1) 488,511 10% 20,000,000 20,000,000 0.0005 0.0005
Rural Zone(GQAL C2,C3) 483,144 10% 50,000,000 50,000,000 0.0002 0.0002
3.4.2.Population Projections
(1) The adopted population projections in Table 3.3 – Population Projections 2006 toUltimate define projected growth for CHRC (Emerald). The projections are providedby Locality and PIA status.
Table 3.3 - Population Projections 2006 to Ultimate
Locality 2006 2011 2016 2021 UltimatePIA Non-PIA PIA Non-PIA PIA Non-PIA PIA Non-PIA Total
Emerald 11,333 1,824 13,746 2,022 15,762 2,215 17,821 2,416 26,995Comet 0 344 0 346 0 358 0 371 856Gemfields (inc. Rubyvale,Sapphire, Willows,Bogantungan & Anakie)
0 1,617 0 1,848 0 2,058 0 2,273 2,996
Gindie 0 143 0 135 0 133 0 133 160Lochington 0 74 0 71 0 71 0 71 105
Total 15,334 18,167 20,598 23,085 31,112(Source: ESC Model 2009 & PIFU, 2008)
3.4.3.Household Size Projections
(1) Table 3.4 – Average Household Size defines historical average household size bydwelling type for the Local government and identifies household figures used in theCHRC (Emerald) population model to determine future residential dwellingrequirements and trunk infrastructure demands.
Table 3.4 - Average Household Size
Dwelling Type PIFU 2006 PIFU 2011 PIFU 2016 PIFU 2021 ESC ModelUltimate
Separate House 3.00 2.95 2.90 2.86 2.77Semi, Detached, Flats 1.82 1.79 1.76 1.73 1.68
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
Other 1.73 1.70 1.67 1.65 1.60
All 2.78 2.73 2.69 2.65 2.51Note: Measured as persons/occupied dwelling (Source: ESC Model 2009 & PIFU, 2008)
3.4.4.Residential Dwelling Projections
(1) Projected residential dwelling requirements for the Local government are defined inTable 3.5 – Projected PIA and Non-PIA Residential Dwelling Requirements.
Table 3.5 - Projected PIA and Non-PIA Residential Dwelling Requirements
Locality 2006 2011 2016 2021 UltimateDwelling Type PIA Non-PIA PIA Non-PIA PIA Non-PIA PIA Non-PIA Total
EmeraldSeparate House 3,086 497 3,807 560 4,441 624 5,091 690 7,962Semi, Detached, Flats 725 117 894 131 1,043 147 1,199 163 1,871Other 436 70 538 79 628 88 719 97 1,123Sub-Total 4,247 683 5,239 771 6,112 859 7,009 950 10,956Total 4,931 6,010 6,970 7,959 10,956CometSeparate House 0 94 0 96 0 101 0 106 252Semi, Detached, Flats 0 22 0 23 0 24 0 25 59Other 0 13 0 14 0 14 0 15 36Sub-Total 0 129 0 132 0 139 0 146 347Total 129 132 139 146 347Gemfields (inc. Rubyvale, Sapphire, Willows, Bogantungan & Anakie)Separate House 0 440 0 512 0 580 0 649 884Semi, Detached, Flats 0 103 0 120 0 136 0 153 208Other 0 62 0 72 0 82 0 92 125Sub-Total 0 606 0 704 0 798 0 894 1,216Total 606 704 798 894 1,216GindieSeparate House 0 39 0 37 0 38 0 38 47
Semi, Detached, Flats 0 9 0 9 0 9 0 9 11
Other 0 5 0 5 0 5 0 5 7Sub-Total 0 54 0 51 0 52 0 52 65Total 54 51 52 52 65LochingtonSeparate House 0 20 0 20 0 20 0 20 31
Semi, Detached, Flats 0 5 0 5 0 5 0 5 7Other 0 3 0 3 0 3 0 3 4Sub-Total 0 28 0 27 0 28 0 28 43Total 28 27 28 28 43CHRC (Emerald)Separate House 3,086 1,090 3,807 1,224 4,441 1,362 5,091 1,504 9,177
Semi, Detached, Flats 725 256 894 288 1,043 320 1,199 354 2,156Other 436 154 538 173 628 193 719 212 1,294
Sub-Total 4,247 1,500 5,239 1,685 6,112 1,875 7,009 2,070 12,627
Total 5,747 6,924 7,986 9,080 12,627(Source: ESC Model 2009 & ABS 2006 BCP)
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
3.5. Non-Residential Development Projections
3.5.1.Non-Residential Planning Scheme Assumptions
(1) Table 3.6 – Non-residential Planning Assumptions is based on the planning schemerequirements and defines the minimum lot sizes and assumed density provisions toensure sufficient provision of non-residential land and trunk infrastructure toaccommodate the Local government’s future labour force.
Table 3.6 - Non-residential Planning Assumptions110
Planning SchemeZone / Precinct / Area Planning Scheme Requirements Density
Minimum lot size Maximum site cover Floorspace/employee Employee/ha
Town ZoneCommercial Precinct 800m2 90% 20 -Light IndustrialPrecinct 800m2 N/A - 25
Industrial Precinct 1,000m2 N/A - 25Community Precinct N/A N/AUtilities Precinct N/A N/A N/A N/ARecreation Precinct N/A N/A N/A N/AAirport Precinct N/A N/A 20 -Village ZoneBusiness Area 800m2 N/A 20 -Gemfields ZoneCore Area 2000m2 N/A 20 -Special Industry ZoneSpecial Industry Zone 2000m2 N/A - 25
(2) Trunk infrastructure requirements to service future retail, commercial, communityuses and industrial development is based on broad averaged assumptions fordemand. Existing labour force trends and employee to floor space ratios have beenconsidered.
3.5.2.Employment Projections
(1) Table 3.7 – Existing and Future Labour Force allocates the CHRC (Emerald) existingemployment by generic employment sectors. The projected labour force for the Localgovernment is based on data from the Australian Bureau of Statistics 2006 Census.
Table 3.7 - Existing and Future Labour Force 2006 to 2021
Employment Sector 2006(Base Year)
Forecast Cumulative Employment Growth Total
2006-2011 2011-2016 2016-2021 2006-2021 2006-2021
Industry (General) 373 58 49 51 157 530
Industry (Transport and Storage) 597 84 72 74 230 827
Retail 950 123 106 108 337 1,287
Commercial 1,811 248 213 217 678 2,488
Government 424 61 53 54 168 592
Education 562 79 68 69 216 778
110 Non-residential planning assumptions have been generalised for the purpose of developing future demand forecasts only.Reference to the relevant parts of this planning scheme as determined by codes, policies and schedules is to beundertaken when preparing development applications for aspects not related to matters covered under thePriorityInfrastructure Plan.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
Health 426 57 49 50 157 583Other (including home based, mining,construction, agriculture, etc) 2,356 406 349 357 1,111 3,467
Total 7,498 1,117 958 980 3,055 10,553
(Adapted: ABS, 2006 Census of Population and Housing, Basic CommunityProfile)
(1) Table 3.8 - Future Labour force allocation by Township (PIA) 2006-2021 definesprojected labour force by Township and PIA status. Distribution has been based onreview of non-residential land stocks (vacant and underutilised) and allocation ofemployment sectors to employment zones.
Table 3.8 - Future Labour force allocation by Township (PIA) 2006-2021
Employment SectorIndustry
(General, Trade& Storage)
Retail CommercialGovernment/Education &
HealthOther
Time Period /Township PIA PIA PIA PIA PIA Non-PIA
2006-2011
Emerald 142 123 248 198 300 48
Comet - - - - - 9
Gemfields (inc. Rubyvale, Sapphire,Willows, Bogantungan & Anakie) - - - - - 43
Gindie - - - - - 4Lochington - - - - - 2
CHRC (Emerald) 142 123 248 198 300 106
2011-2016
Emerald 122 106 213 170 258 41
Comet - - - - - 8
Gemfields (inc. Rubyvale, Sapphire,Willows, Bogantungan & Anakie) - - - - - 37
Gindie - - - - - 3Lochington - - - - - 2
CHRC (Emerald) 122 106 213 170 258 91
2016-2021
Emerald 124 108 217 173 264 42
Comet - - - - - 8
Gemfields (inc. Rubyvale, Sapphire,Willows, Bogantungan & Anakie) - - - - - 38
Gindie - - - - - 3
Lochington - - - - - 2
CHRC (Emerald) 124 108 217 173 264 93
3.5.3.Employee Floorspace Utilisation Rates
(1) Table 3.9 – Ratio of Employees to Floor Space and Employees per Hectare of Retail,Commercial and Community Development defines the amount of floor space peremployee by each employment category based on average area-based demands forthe different employment sectors.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
Table 3.9 - Ratio of Employees to Floor Space and Employees per Hectare of Retail, Commercial andCommunity Development
Employment Category Floor space per Employee (m2) Employees per Ha (Site Area)Retail 20 250Commercial 20 600Community Uses 20 300
(2) Table 3.10 – Ratio of Employees to Floor Space and Employees per Hectare ofIndustrial Development defines the assumed numbers of employees per hectare ofdeveloped industrial land.
Table 3.10 - Ratio of Employees to Floor Space and Employees per Hectare of Industrial Development
Employment Category Floor space per Employee (m2) Employees per Ha (Site Area)Industry (General) 140 25Industry (Transport and Storage) 175 20
(Note: Based on the assumption of 35% Average Site Cover.)
3.5.4.Floor Space and Land Requirement Projections
(1) Table 3.11 – Forecast Floor Space Requirements (Within PIA) by Zone 2006 to 2021defines future floor space requirements within the Priority Infrastructure Areas.
Table 3.11 - Forecast Floor Space and Land Requirements (within PIA) by Generic Zone 2006 to 2021111
Generic ZoneRetail, Commercial and Community Use Floor space (m2) and Land Requirements (Ha)2006-2011 2011-2016 2016-2021 2006-2021
m2 Ha m2 Ha m2 Ha m2 HaIndustry (retail component) 371 0.1 318 0.1 326 0.1 1,015 0.3Business and Commercial 7,280 0.7 6,247 0.6 6,391 0.6 19,918 1.9Community Uses, Govt, etc 1,541 0.3 1,322 0.2 1,353 0.2 4,217 0.7Total 9,192 1.1 7,887 0.9 8,070 0.9 25,150 2.9
(2) Additional industrial land requirements are shown in Table 3.12 – Forecast IndustrialLand Requirements (within PIA) by Generic Zone 2006 to 2021.
Table 3.12 - Forecast Industrial Land Requirements (within PIA) by Generic Zone 2006 to 2021
Generic ZoneIndustrial Floor space (m2) and Land Requirements (Ha)
2006-2011 2011-2016 2016-2021 2006-2021m2 Ha m2 Ha m2 Ha m2 Ha
Industry112 22,750 6.5 19,250 5.5 19,250 5.5 61,250 17.5(Note: Based on 35% average Site Cover.)
3.6. Residential and Non-Residential Demand Assumptions
(1) Table 3.13 – Demand Assumptions defines the planned demand rates as the basisfor infrastructure planning for the Water Supply, Sewerage, Transport, and PublicParks and Community Land networks.
111 While projected floor space demand has been aligned with population growth, the actual construction of such developmentmay vary dependent upon varying service client threshold catchments.
112 Comprising of Light Industrial and Industrial zones.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
(2) Table 3.13– Demand Assumptions will be used to test whether or not a proposal isconsistent with the scale of planned development in accordance with Section 1.6 (1)(b).
Table 3.13 –Demand Assumptions
Zone Water Supply
(EDUs/Hectare*)
Sewerage
(EDUs/Hectare*)
Transport(Roads)
(EDUs/Hectare*)
Public Parks &Community Land
(EDUs/Hectare*)
Town ZoneAirport 10 10 20 NACommercial 10 10 20 NACommunity 10 10 20 NAIndustrial 10 10 13 NAInvestigation Area
Residential 10 10 10 10Rural Residential 2.3 2.3 2.3 NA
Light Industrial 10 10 13 NARecreation NA NA NA NAResidential 10 10 10 10ResidentialAccommodation 19 19 19 19
Rural Residential 2.3 2.3 2.3Utilities NA NA NA NA
Open Space Zone 10 10 NA NASpecial Industry Zone 10 10 10 NAVillage Zone
Business Area 10 NA 13 NABalance Area 8.8 NA 8.8 8.8
Gemfields ZoneCore Area
4 NA 44
(For Residential UsesOnly)
Balance Area2 NA 2
2(For Residential Uses
Only)Rural Zone 1 per Lot (where
serviced)1 per Lot (where
serviced) 1 per Lot NA
* Excluding gazetted roads and reserves
3.7. Infrastructure Planning Demand
(1) The following schedules define the demand generation rates (expressed asequivalent demand units) for Reconfiguration of a Lot and Material Change of Use orBuilding Work for Water Supply, Sewerage, Transport (Roads), and Public Parks andCommunity Land Infrastructure.
(2) Where a development application consists of both Reconfiguring a Lot and MaterialChange of Use, the demand to be used is that which yields the highest demand foreach trunk infrastructure network.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
TABLE 3.14: DEMAND GENERATION RATES (EQUIVALENT DEMAND UNITS)* FOR CHARGING–RECONFIGURING ALOT
ZONEPrecinct
Water SupplyEDUs
SewerageEDUs
TransportEDUs
Public Parks &Community Land
EDUsTown Zone
Residential Precinct 1 per Lot 1 per Lot 1 per Lot 1 per LotResidential AccommodationPrecinct 1 per Lot 1 per Lot 1 per Lot 1 per LotRural Residential Precinct 1 per Lot 1 per Lot 1 per Lot NA
Investigation AreaTo be consistent with the Demand applied to the Precinct(s) which the application is to be
consistent with
Airport
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves)
20 per Hectare(excluding gazettedroads and reservesand runway areas) NA
Commercial
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves)
20 per Hectare(excluding gazettedroads and reserves) NA
Community
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves)
20 per Hectare(excluding gazettedroads and reserves) NA
Industrial
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves)
13 per Hectare(excluding gazettedroads and reserves) NA
Light Industrial
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves)
13 per Hectare(excluding gazettedroads and reserves) NA
Recreation Nil Nil Nil NA
Utilities Nil Nil Nil NA
Open Space
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves) NA NA
Special Industry
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves) NA
Village
Business
10 per Hectare(excluding gazettedroads and reserves)
10 per Hectare(excluding gazettedroads and reserves)
13 per Hectare(excluding gazettedroads and reserves) NA
Balance 1 per Lot 1 per Lot 1 per Lot
1 per Lot(ResidentialComponent)
Gemfields 1 per Lot 1 per Lot 1 per Lot
1 per Lot(ResidentialComponent)
Rural 1 per Lot 1 per Lot 1 per Lot NA*EDU - Equivalent Demand Unit, where 1 demand unit is equivalent to the demand generated by 1 detached house.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
TABLE 3.15: DEMAND GENERATION RATES (EQUIVALENT DEMAND UNITS) FOR CHARGING- MATERIALCHANGE OF USE OR BUILDING WORK
Use Class/Defined UseWater Supply
EDUsSewerage
EDUsTransport
EDUs
Public Parks &Community Land
EDUs
RESIDENTIAL USE CLASS
Accommodation Building
1 Bedroom 0.3 per Dwelling 0.3 per Dwelling 0.3 per Dwelling 0.6 per Dwelling
2 Bedrooms 0.5 per Dwelling 0.5 per Dwelling 0.6 per Dwelling 0.6 per Dwelling
3 or more Bedrooms 1 per Dwelling 1 per Dwelling 1 per Dwelling 1 per Dwelling
Hostel 0.075 per Bed 0.075 per Bed 0.3 per Bed 0.3 per Bed
Caretakers Residence
1 Bedroom 0.3 per Dwelling 0.3 per Dwelling 0.3 per Dwelling 0.6 per Dwelling
2 Bedrooms 0.5 per Dwelling 0.5 per Dwelling 0.6 per Dwelling 0.6 per Dwelling
3 or more Bedrooms 1 per Dwelling 1 per Dwelling 1 per Dwelling 1 per Dwelling
Dual Occupancy
1 Bedroom 0.3 per Dwelling 0.3 per Dwelling 0.3 per Dwelling 0.6 per Dwelling
2 Bedrooms 0.5 per Dwelling 0.5 per Dwelling 0.6 per Dwelling 0.6 per Dwelling
3 or more Bedrooms 1 per Dwelling 1 per Dwelling 1 per Dwelling 1 per Dwelling
Host Home Accommodation 0 per
1 Bedroom 0.3 per Dwelling 0.3 per Dwelling 0.3 per Dwelling 0.6 per Dwelling
2 Bedrooms 0.5 per Dwelling 0.5 per Dwelling 0.6 per Dwelling 0.6 per Dwelling
3 or more Bedrooms 1 per Dwelling 1 per Dwelling 1 per Dwelling 1per Dwelling
Multiple Dwelling
1 Bedroom 0.3 per Dwelling 0.3 per Dwelling 0.3 per Dwelling 0.6 per Dwelling
2 Bedrooms 0.5 per Dwelling 0.5 per Dwelling 0.6 per Dwelling 0.6 per Dwelling
3 or more Bedrooms 1 per Dwelling 1 per Dwelling 1 per Dwelling 1 per Dwelling
Rural Dwelling 0 per
1 Bedroom 0.3 per Dwelling 0.3 per Dwelling 0.3 per Dwelling 0.6 per Dwelling
2 Bedrooms 0.5 per Dwelling 0.5 per Dwelling 0.6 per Dwelling 0.6 per Dwelling
3 or more Bedrooms 1 per Dwelling 1 per Dwelling 1 per Dwelling 1 per Dwelling
Home Based Business Nil Nil Nil NA
House 1 per Dwelling 1 per Dwelling 1 per Dwelling 1 per Dwelling
Retirement Village 0.0625 per Dwelling Unit0.0625 per Dwelling
Unit 0.3 per Dwelling Dwelling Unit
Worker’s Accommodation 0 per
1 Bedroom 0.3 per Dwelling 0.3 per Dwelling 0.3 per Dwelling 0.6 per Dwelling
2 Bedrooms 0.5 per Dwelling 0.5 per Dwelling 0.6 per Dwelling 0.6 per Dwelling
3 or more Bedrooms 1 per Dwelling 1 per Dwelling 1 per Dwelling 1 per Dwelling
Dormitory 0.075 per Bed 0.075 per Bed 0.3 per Bed 0.3 per Bed
COMMERCIAL USE CLASS
Caravan Park
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
TABLE 3.15: DEMAND GENERATION RATES (EQUIVALENT DEMAND UNITS) FOR CHARGING- MATERIALCHANGE OF USE OR BUILDING WORK
Use Class/Defined UseWater Supply
EDUsSewerage
EDUsTransport
EDUs
Public Parks &Community Land
EDUs
Caravan Site 0.1 per Site 0.1 per Site 0.3 per Site 0.6 per Site
Tent Site 0.075 per Site 0.075 per Site 0.3 per Site 0.6 per Site
1 bedroom cabin 0.3 per Cabin 0.3 per Cabin 0.3 per Cabin 0.6 per Site
2 bedroom cabin 0.5 per Cabin 0.5 per Cabin 0.6 per Cabin 0.6 per Cabin
3 or more bedroom cabin 1 per Cabin 1 per Cabin 1 per Cabin 0.6 per Cabin
Commercial Premises0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 0.3 per 100sqm GFA NA
Food Premises
0.25 per 70sqm GFA ofKitchen, Dining, or
Licensed Areas or partthereof
0.25 per 70sqm GFAof Kitchen, Dining, orLicensed Areas or
part thereof 1.2 per 100sqm GFA NA
Hotel
0.25 per 70sqmGFA ofKitchen, Dining, or
Licensed Areas or partthereof
0.25 per 70sqm GFAof Kitchen, Dining, orLicensed Areas or
part thereof 1.2 per 100sqm GFA NA
Indoor Entertainment
0.25 per 70sqm GFA ofKitchen, Dining, or
Licensed Areas or partthereof
0.25 per 70sqm GFAof Kitchen, Dining, orLicensed Areas or
part thereof
Use and demanddetermined at time of
assessment NA
Motor Sport Facility
0.25 per 70sqm GFA ofKitchen, Dining, or
Licensed Areas or partthereof
0.25 per 70sqm GFAof Kitchen, Dining, orLicensed Areas or
part thereof
Use and demanddetermined at time of
assessment NA
Off Street Car Park NA NA
Use and demanddetermined at time of
assessment NA
Outdoor Entertainment
0.25 per 70sqm GFA ofKitchen, Dining, or
Licensed Areas or partthereof
0.25 per 70sqm GFAof Kitchen, Dining, orLicensed Areas or
part thereof
Use and demanddetermined at time of
assessment NA
Plant nursery0.25 per 25sqm of TotalUse Area or part thereof
0.25 per 250sqm ofTotal Use Area or
part thereof 1.2 per 100sqm GFA NA
Retail/commercial complex0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 1.2 per 100sqm GFA NA
Service Station
Including car wash 2.5 per Site 2.5 per Site 2.8 per 100sqm GFA NA
Excluding car wash 0.375 per Site 0.375 per Site NA
Shop0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 1.2 per 100sqm GFA NA
Shop Drive Through0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 1.2 per 100sqm GFA NA
Showroom0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 1.2 per 100sqm GFA NA
Vehicle Showroom0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 1.2 per 100sqm GFA NA
INDUSTRIAL USE CLASS
Bulk Store0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 0.3 per 100sqm GFA NA
Extractive Industry 6.25 per Hectare 6.25 per Hectare
Use and demanddetermined at time of
assessment NA
High Impact Industry** 0.1375 per 100sqm GFA0.1375 per 100sqm
GFA 0.3 per 100sqm GFA NA
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
TABLE 3.15: DEMAND GENERATION RATES (EQUIVALENT DEMAND UNITS) FOR CHARGING- MATERIALCHANGE OF USE OR BUILDING WORK
Use Class/Defined UseWater Supply
EDUsSewerage
EDUsTransport
EDUs
Public Parks &Community Land
EDUs
Landscape Supplies0.25 per 250sqm Total
Use Area or part thereof
0.25 per 250sqmTotal Use Area or
part thereof 0.3 per 100sqm GFA NA
Low Impact Industry 0.1375 per 100sqm GFA0.1375 per 100sqm
GFA 0.3 per 100sqm GFA NA
Medium Impact Industry** 0.1375 per 100sqm GFA0.1375 per 100sqm
GFA 0.3 per 100sqm GFA NA
Transport Terminal0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof
Use and demanddetermined at time of
assessment NA
Vehicle and Goods Depot0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 0.3 per 100sqm GFA NA
Warehouse0.25 per 250sqm GFA or
part thereof0.25 per 250sqm
GFA or part thereof 0.3 per 100sqm GFA NA
COMMUNITY USE CLASS
Community Purposes NA
Place of Worship0.0025 per person able to
be seated0.0025 per personable to be seated
Use and demanddetermined at time of
assessment NA
Child Care Centre 0.025 per Pupil 0.025 per Pupil 0.24 per Child NA
Primary School 0.05 per Pupil 0.05 per Pupil 0.2 per Enrollment NA
Secondary School 0.1 per Pupil 0.1 per Pupil 0.2 per Enrollment NAEducational Establishment(Tertiary)
0.05 per Equivalent fulltime pupil
0.05 per Equivalentfull time pupil 0.2 per Enrollment NA
Other 10 per Gross Site Hectare10 per Gross Site
Hectare
Use and demanddetermined at time of
assessment NA
Open Space
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
Public Facility - Operational
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
Public Facility - Other NA
Nursing Home/Dormitory 0.075 per Bed 0.075 per Bed 0.15 per Bed NA
Other
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
RURAL USE CLASS
Agriculture
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
Animal Husbandry
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
Fossicking
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
Intensive Agriculture
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
Intensive Animal Husbandry
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
TABLE 3.15: DEMAND GENERATION RATES (EQUIVALENT DEMAND UNITS) FOR CHARGING- MATERIALCHANGE OF USE OR BUILDING WORK
Use Class/Defined UseWater Supply
EDUsSewerage
EDUsTransport
EDUs
Public Parks &Community Land
EDUs
Kennels and Catteries
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
Roadside Stall
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
Stock Saleyard
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment NA
OTHER
Other
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment
Use and demanddetermined at time of
assessment (forResidential Uses
Only)*EDU - Equivalent Demand Unit, where 1 demand unit is equivalent to the demand generated by 1 detached house.**Council may increase the applicable demand having regard to the specific land use.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
4. DESIRED STANDARDS OF SERVICE4.1 Interpretation
(1) The Desired Standards of Service (DSS) direct the form and scale of infrastructurenetworks to be constructed to service areas within the Planning Scheme of CHRC(Emerald) in accordance with Table 4.1 – Trunk Infrastructure Servicing ofZones/Precincts/Areas.
(2) The Local Government aims to deliver the DSS for trunk infrastructure, however anentity does not have the right to expect or demand the standard113.
(3) DSS are expressed for each network in terms of planning and design criteria basedon quantitative and qualitative standards.
Table 4.1 - Trunk Infrastructure Servicing of Zones / Precincts / Areas
Zone / Precinct / AreaApplicable Trunk Infrastructure Services Available or Planned
WaterSupply Sewerage Transport
(Roads) Stormwater Public Parks &Community Land
Rural Zone Part*(Emerald,
CometTownships)
No Yes No No
Rural Living Area No No Yes No NoOpen Space Zone N/A N/A N/A N/A N/ATown Zone
Airport Yes Yes Yes Yes NoCommercial Precinct Yes Yes Yes Yes NoCommunity Precinct Yes Yes Yes Yes NoIndustrial Precinct Yes Yes Yes Yes NoInvestigation Area Part*
(Areas A, B,C and Parts
of D)
Yes Yes Yes Yes
Light Industrial Precinct Yes Yes Yes Yes NoRecreation Precinct Yes Yes Yes Yes NoResidential Accommodation Precinct Yes Yes Yes Yes YesResidential Precinct Yes Yes Yes Yes YesUtilities Precinct N/A N/A N/A N/A N/A
Rural Residential Precinct Yes Part* Yes No NoVillage Zone (Comet Only)
Business Area Yes No Yes Yes NoBalance Area Part* No Yes Yes Yes
Gemfields Zone (includingBogantungan Village)
Core Area Part* No Yes Part* YesBalance Area Part* No Yes Part* Yes
Special Industrial No No Yes N/A No*Note – refer to Catchment Maps to determine extent of Trunk Infrastructure Services.
113 Inaccordance section78 (2) of SPA.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
4.2 Water Supply
(1) The Desired Standards for water supply trunk infrastructure are shown in Table 4.2 -Desired Standards of Service: Water Supply and should be read in conjunction withLocal governments’ own adopted technical standards including Capricorn MunicipalDevelopment Guidelines (CMDG).
TABLE 4.2: DESIRED STANDARDS OF SERVICE– WATER SUPPLY
Planning Standard Community Outcome
Ensure drinking water complies with the NHMRCAustralian Drinking water guidelines for colour,turbidity and microbiology. >95% water testcompliance.
Provides uniform quality of water monitored in relation to recognisedstandards.
Provide a safe and reliable water supply. Safeguards community health.
Comply with Integrated EnvironmentalManagement Strategy and associatedEnvironmental Management Plans and(former)Department of Environment and ResourceManagement planning guidelines for water supplyand sewerage.
Provides for system operation and monitoring in accordance withrecognised standards.
Ensures environmental controls maintained. Ensures potable water is provided in a manner consistent with
environmental standards.
Reduce Non-Revenue Water (water that has beenproduced and is ‘lost’ before it reaches thecustomer, including physical losses or leakages,commercial losses such as water meterinaccuracies, unauthorised consumption, and datahandling errors, and unbilled authorisedconsumptionsuch as water used for firefighting)..
Extend asset life Defer system augmentation Improve environmental flows Reduced greenhouse gas emissions Reduce extraction of water from source Defer requirement for new water source
Provide infrastructure which minimises powerusage.
Reduced cost of energy Cost effective service for community Reduced greenhouse gas emission
Develop and maintain excellence in appropriatenew technologies.
Reduced cost of energy and chemicals Cost effective service for community Reduced greenhouse gas emissions Improve water quality. Reduced environmental effects from chemical production
Provide infrastructure which minimises whole oflife costs.
Cost effective service for community Reduced energy cost Reduced maintenance costs Reduced overall operation costs Reduced replacement costs Reduction in disposal of waste Reduced environmental effects from chemical production.
Design Standard Community Outcome
Design water supply infrastructure to comply with; Council’s 2007 planning scheme; and CMDG; and IPEWA; and Plans for Trunk Infrastructure–Water
Supply; and Water Act; and (former) Department of Environment and
Resource Management planning guidelinesfor water supply and sewerage.
Provides uniform quality of water monitored in relation to recognisedstandards.
Provide a safe and reliable water supply. Safeguards community health.
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4.3 Sewerage
(1) The Desired Standards for wastewater trunk infrastructure are shown in Table 4.3 -Desired Standards of Service – Sewerage and should be read in conjunction with theLocal government’s own adopted technical standards including DevelopmentStandards Code (Division 7) and Capricorn Municipal Development Guidelines(CMDG).
TABLE 4.3: DESIRED STANDARDS OF SERVICE– SEWERAGE
Planning Standard Community Outcome
Ensure wastewater collection, transportation and treatmentsystem remains effective.
Reduced impact from blockages, overflows and spills. Reduced impact on residents Minimises release of nitrogen and phosphorous to the environment Improved community health Reduced greenhouse gas emissions
Provide infrastructure which minimises power usage. Reduced cost of energy Cost effective service for community Greenhouse gas reduction
Provide infrastructure which minimises whole of life costs. Cost effective service for community Reduced energy cost Reduced maintenance costs Reduced overall operation costs Reduced replacement costs Reduction in disposal of waste Reduced greenhouse gas emissions Reduced environmental effects from chemical production.
Achieve excellence in appropriate new technologies. Reduced cost of energy and chemicals Cost effective service for community Minimise work, health and safety risks Reduced greenhouse gases Ensure optimal odour control Reduced environmental effects from chemical production Rapid response to breakages
Reuse effluent where possible. Beneficial use of reclaimed water and biosolids Opportunity for cost recovery for reclaimed water treatment Reduction in use of potable water supply and treatment Reduction in release of nitrogen and phosphorous to the
environment Reduction of raw water extraction from source
Design Standard Community Outcome
Design sewerage infrastructure to comply with: Council’s2007 planning scheme; and CMDG; and Environmental Protection Act 2009 and
Environmental Protection (Water) Policy 2009requirements and guidelines; and
Plan for Trunk Infrastructure–Wastewater; and (former) Department of Environment and Resource
Management planning guidelines for water supplyand sewerage; and
The Water Act and Standard Sewerage Law.
Noise control No adverse visual effect Control of overflows from system Improves community health Ensure odour control Minimise environmental effects Reduction in contaminated discharges
Ensure infiltration and inflow in the sewerage collectionand transportation system remains within industryacceptable limits (compliance with Environmental licences,IEMS and associated EMPs).
Reduced cost of energy for effluent transport, treatment anddisposal
Minimise customer overflow issues Maximise life of system Reduced overflows to local waterways
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Planning Scheme for Emerald Shire (Amendment No. 3)2013
4.4 Transport
(1) The Desired Standards for the transport trunk infrastructure are shown in Table 4.4 –Desired Standards of Service: Transport and should be read in conjunction with theLocal government’s own adopted technical standards including DevelopmentStandards Code (Division 7), Development Design Code (Division 8) and CapricornMunicipal Development Guidelines (CMDG).
TABLE 4.4: DESIRED STANDARDS OF SERVICE- TRANSPORT
Planning Standard Community Outcome
Road Network
Define the road network as a functional Urban and Rural hierarchyand freight routes which supports the urban and rural settlementpatterns and commercial and economic activities.
Protects theamenity of residential communities byremoving non-local traffic
Improves local safety by removing “through” traffic Maintains reliability of connectivity. Reduces fuel consumption and emission levels by
sustaining efficient operating speeds Maintains travel speeds in off-peak periods Reduces vehicle operating costs. Improves public transport operation by improving travel
speeds. Supports economic growth by developing efficient and
integrated transport networks Minimises through traffic and heavy vehicles in residential
areas Limits community severance.
Cycleway and Footpath NetworkProvide safe and convenient pedestrian pathways and cyclewaysnetwork in accordance with CMDG.
Reduces fuel consumption and emission levels throughthe use of efficient transport modes
Encouragement of cycling and walking has positive healthoutcomes
Promotes health benefits Improves transport opportunities for local trips Ensures an acceptable level of amenity for users
Lot reconfiguration layouts provides for a highly connected andpermeable path network between home and key activity nodes.
Allows for high propensity to use walk and cycle optionswhen convenient connections are provided;
Reduces the need for motor vehicle based trip making todaily needs;
Provides better connection to PT systems on majorcollector street and higher order roads
Road NetworkRoad network system is designed and provided in accordance with; CMDG; and (Former) Department of Main Roads ‘Planning and Design
Manual’.
Reduce delays during peak periods. Improve safety by reducing vehicle speed differentials. Supports efficient and integrated freight movement
network.
Design bridges and culverts with appropriate flood immunity andcapacity to convey floodwater, taking into account the Council’sroad hierarchy and CMDG
Construction of bridges and culverts must not adversely impact on
Ensures road crossings operate safely in times ofinundation
Reduces the risk of flooding for upstream properties Provides opportunities for extended pedestrian and
bicycle links Enhances ecological links
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TABLE 4.4: DESIRED STANDARDS OF SERVICE- TRANSPORT
Planning Standard Community Outcome
the natural environment, such as through the loss of vegetation andundesirable impacts on bio-diversity.
Design bridges and culverts to maintain fauna and recreationallinks.Cycleway and Footpath NetworkCyclewaynetwork is designed and provided in accordance with: Plans for Trunk Infrastructure–Cycleway and Footpaths, and theCMDG adopted by Council by resolution.
Encourage cycling and walking as acceptable alternatives. Infrastructure provided meets recognised standards.
4.5 Stormwater
(1) The Desired Standards for the stormwater trunk infrastructure are shown in Table 4.5– Desired Standards of Service: Stormwater and should be read in conjunction withthe Local government’s own adopted technical standards including DevelopmentStandards Code (Division 7), Development Design Code (Division 8) and CapricornMunicipal Development Guidelines (CMDG).
TABLE 4.5: DESIRED STANDARDS OF SERVICE– STORMWATER
Planning Standard Community Outcome
Provide system of sharedstormwaterinfrastructure allowing free and safe drainage ofurban land while maintaining or improving thequality of run-off.
Minimises inundation of habitable areas. Minimises the damage and risk associated with flooding. Minimises the impact of development on the ecological health and water quality
within waterway corridor. Minimises impact on the community of mosquitoes and biting midges.
Ensure the use of Water Sensitive Urban Designand other types of on-site infrastructure tominimise impact on trunk infrastructure
Provides waterways infrastructure at least life cycle cost. Reduces the scale of shared infrastructure by optimising on site solutions. Improves water quality at the point of discharge to benefit the waterway corridor’s
health.Ensure sufficient buffers from urban developmentalong waterway corridors for ecological links(including rehabilitation of degraded waterwaycorridor banks, where required).
Maintain or improves environment amenity such as scenic values and naturalconstruction.
Erosion and sedimentation is minimised. Negative impacts on adjoining and downstream properties are minimised. Protects environmentally sensitive areas from development.
Ensure natural stream processes are maintainedwithin waterway corridors.
Reduces theneed for costly structural treatments of waterway corridor banks. Provides for natural processes of accretion, erosion and sedimentation and
reduces environmental effects from pollution. Increases regional water quality
Design Standard Community Outcome
Design stormwater infrastructure to comply with; CMDG; and Queensland Urban Drainage Manual,and Department of Environment and Heritage
Protection requirements and guidelines; and Plans for Trunk Infrastructure–Stormwater.
Free and safe drainage of urban land. Provision of infrastructure that is fit for purpose and has a viable whole of life cycle
cost to the community; Meets the performance requirements of the infrastructure to ensure water quantity
and quality is appropriately managed. Negative impacts on adjoining and downstream properties are minimised.
Implement Water Sensitive Urban Designprinciples (including use of bio-retention, trashracks and GPTs) to achieve maximum on site
Maximise the water quality within the system Maintain or improve water quality and ecological health Reduces pollution of waterways
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TABLE 4.5: DESIRED STANDARDS OF SERVICE– STORMWATER
Planning Standard Community Outcome
quantity and quality treatment and minimise offsitedischarge.
Provides for combined improvement of the riparian habitat as major ecologicalcorridors within the urban context.
Implement regional and on-site detention facilitiesto minimise the impact of peak run-off for the fullrange of events (Q1 to Q100) from developments,taking into account safety and risk.
Design detention basins to maintain pre-development peak flow levels from thedevelopment site for all flood events (Q1 to Q100)in accordance with Council’s CMDG.
Design Detention Basins in the same catchment toensure that the coincident peak discharge atdownstream control points is not increased.
Reduces the cumulative impact from existing and future developments on peakflow levels
Reduces the need to increase the size of waterway corridors and undergrounddrainage
Increases active and passive recreation opportunities Minimises the impact on the environmental values of downstream waterway
corridors by maintaining pre-development flows and velocities Reduces downstream sedimentation by slowing flow velocities Ensures that cumulative discharge of attenuation systems do not adversely affect
parts of the natural catchments Reduces pollution to waterways
4.6 Public Parks and Community Land
(1) The Desired Standards for the public parks and community land trunk infrastructureare shown in Table 4.6 – Desired Standards of Service: Public Parks and CommunityLand and should be read in conjunction with the Local government’s own adoptedtechnical standards including, Development Design Code (Division 8), Reconfiguringa Lot Code (Division 13) and Capricorn Municipal Development Guidelines (CMDG).
TABLE 4.6: DESIRED STANDARDS OF SERVICE– PUBLIC PARKS AND COMMUNITY LAND
Planning Standard Community Outcome
Provide a connected and accessible network of parks, open space,and community facilities that meets the needs of the localgovernment’s residents and visitors.
Provides opportunities for access and increased usage ofopen space, recreational and community facilities.
Provides for an appropriate balance of land uses andensures high levels of amenity in the urban form.
Provides a basis for a healthy and active community.Ensure strong linkages and where possible co-location of existingand future parks, open space and community facilities.
Ensures utilisation of existing and future assets whilemaintaining maximum access.
Makes economic efficiency of land owned by the Community;Provide a preferred level of development or embellishments topublic parks, commensurate with the range of activities envisaged.
Provides safe open space embellishments that meet theneeds of the community by providing a range of facilities forsocial activities and/or fitness/recreational pursuits.
Ensures activities are met and contained within designatedareas - reducing potential off site impacts to other moresensitive areas in the Local government area.
Maximises the use of the land and provides the basis for ahealthy community
Ensure that existing and future parks, open space and communityfacilities with significant environmental, waterway or culturalheritage value are managed appropriately.
Protects and enhances items of cultural interest in theLocalgovernment for the benefit of current and future communitiesin the area.
Provides a basis for tourism opportunities. Protection of the Natural landscape ensures maintenance of
quality of air, water and land resources reducing negativeimpacts requiring amelioration.
Design Standard Community Outcome
Public parks and community land areas are provided in accordance Provides a standard of service for the Local government’s
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TABLE 4.6: DESIRED STANDARDS OF SERVICE– PUBLIC PARKS AND COMMUNITY LAND
Planning Standard Community Outcome
with standard of provision (minimum park size) defined in Table 5.7–Public Parks and Community Land Design Criteria, Column 1,andwhere identified in accordance with the Plans for TrunkInfrastructure–Public Parks and Community Land.
Note: For infrastructure charging purposes, the rate of parklandprovision has been capped to a maximum rate of 4.8 ha per 1,000people in accordance with the Statutory Guideline 1/09.
communities as identified by Council’s “Emerald Open Spaceand Recreation Plan 2007-2017”.
Land and facilities are developed to optimise layout and use. Facilities are provided in close proximity to the residents of
the Local government and provide for a range of active andpassive pursuits
Access to public parks and community facilities are to be inaccordance with Table 5.7–Public Parks and Community LandDesign Criteria, Column 3.
Provides community access to a range of park, open spaceand community facilities.
Slope and topography is not to exceed percentage slope defined inwith Table 5.7–Public Parks and Community Land Design Criteria,Column 2.
Topography does not reduce or interfere with amenity andrecreation use
Flood immunity for parks and community lands are achieved inaccordance with the provisions defined in Table 5.7–Public Parksand Community Land Design Criteria, Column 4.
Ensure adequate provision of safe, accessible and usablefacilities.
Public park embellishments are provided in accordance with: the type and purpose of public park as identified in Table 5.9; Plans for Trunk Infrastructure–Public Parks and Community
Facilities.
Provides a range of park types that are suitabilityembellished to meeting their purpose within the parkhierarchy.
TABLE 4.7: PUBLIC PARKS AND COMMUNITY LAND DESIGN CRITERIA
Park Type Column 1Min Park Size
Column 2Max Slope andTopography
Column3Service access radiusand min road frontage
Column 4Flooding & Other
Hazards
Localsuburbanplay parks
Min 0.4 ha 1: 20 for main usearea
1: 6 for remainder
5 min walk fromresidential dwellings
New buildings and highcost surfaces to attainQ100 flood immunity.
Districtsports/courtsreserve
Min 4 ha Varies - Use areas(eg picnic facilities)
1:20–playingsurfaces 1:50.
Adjacent to or close toarterial roads
New buildings and highcost surfaces to attainQ100 flood immunity.
Regionalcivic park
Min 10 ha Varies - Use areas(eg picnic facilities)
1:20–playingsurfaces
Adjacent to arterial roador to future arterial road
New buildings and highcost surfaces to attainQ100 flood immunity.
Regionalsports/courtsreserves
Min 10 ha Varies - Use areas(eg picnic facilities)
1:20–playingsurfaces 1:50.
Adjacent to or close toarterial roads
New buildings and highcost surfaces to attainQ100 flood immunity.
Land forCommunityFacilities
Collocation with existing parks, services and facilities is preferred. Useable areas including areas forbuilding structures are in accordance with the Planning Scheme requirements and Standard BuildingRegulations.
TABLE 4.8: RATE OF LAND PROVISION FOR PUBLIC PARKS & COMMUNITY LAND
Infrastructure itemRate of provision (Ha/1000 people)
Local District RegionalRecreation/play and civic park(2.5 Ha/1000)
1 Ha/1000 1.3 Ha/1000 0.2 Ha/1000
Sport parks (2 Ha/1000) 0 1.6 Ha/1000 0.4 Ha/1000Land for community facilities(0.3 Ha/1000)
0 0.15 Ha/1000 0.15 Ha/1000
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TABLE 4.9: STANDARD EMBELLISHMENTS FOR PUBLIC PARKS
Embellishment type BushlandParks
Localsuburban play
parks
Districtsports/courts
reserve
Regional civicpark
Regionalsports/courts
reservesWater ConnectionWater BubblerRubbish BinToilets (Small)Toilets (Large)SeatingTableShelter (Small)Shelter (Large)BBQ (Electric)BBQ (Standard)LightingSignPlay Equipment (Small)Play Equipment (Large)LandscapingFencingIrrigationCricket NetsGrandstandNetball CourtsTennis CourtPlaying fields
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5. WATER SUPPLY TRUNK INFRASTRUCTURE5.1 Definition
(1) Water Supply Trunk Infrastructure is defined by its role in the provision of serviceacross the network. The ability to supply service from the water supply network istypically a function of both pressure and pipe size. Accordingly, Water Supply TrunkInfrastructure is defined by those elements which fall into the first two levels of thehierarchy as defined in Section 5.2.
(2) Water Supply Trunk Infrastructure includes:
Water Supply Component 1 (Regional)
(a) Supply Source - bores, wells, dams, weirs and associated works.
(b) Treatment Plant - all systems provided to improve the quality of the water from thesupply source including chlorinators.
(c) Bulk water transport assets - bulk water mains, major reservoirs and regional pumpstations.
Water Supply Component 2 (Trunk Reticulation):(a) Pumping System - distribution and booster pumps within the delivery and
distribution main.(b) Delivery Mains - mains from the point of supply to service reservoirs (or future
service reservoirs).(c) Reservoirs - service or supply reservoirs between the supply source and the
distribution and reticulation mains.(d) Distribution Mains - mains from the end of delivery mains, or from service reservoirs
to form the distribution network to suburbs.
5.2 Hierarchies
(1) Three components are identified for the Water Supply network, these aresummarised in Table 5.1 – Components of the Water Supply Network.
TABLE 5.1: COMPONENTS OF WATER SUPPLY NETWORK
Component DevelopmentInfrastructure
Capital WorksProgram Timing
Entity Likely toConstructInfrastructure
1 Regional - serves the widercommunity including those fromother Local governments(Regional Headworks) or sub-networks
Raw water extraction,treatment, Waterdistribution mains,transfer mains andmajor water pumping /stations
Yes Local government
2a Planned Reticulation orDistribution- required to provide aconnection to or support the mainregional system
Water trunk mains, smallpumping stations andstorages
Yes Local governmentand/or Applicant
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TABLE 5.1: COMPONENTS OF WATER SUPPLY NETWORK
Component DevelopmentInfrastructure
Capital WorksProgram Timing
Entity Likely toConstructInfrastructure
2b Unplanned Reticulation -limitedshared infrastructure but ofsufficient size or function to beconsidered external works.
Water trunk mains,pumping stations andstorages
No- Related todevelopmenttiming
Applicant and/orLocal government
3 Local Internal Works (Non-trunkinfrastructure) - required toprovide direct service to theproposed development (100%attributable or deemedattributable).
All works internal to siteand connections to thetrunk network defined in1,2,and 2b above
No- Related todevelopmenttiming
Applicant
5.3 Plans for Trunk Infrastructure
(1) The PFTI for Water Supply Trunk Infrastructure, including planned augmentation ofthe existing network and new works to serviced planned development are shown inSection 10.1 – Plans for Trunk Infrastructure. Section 10.3 – Trunk InfrastructureWorks defines details about the network items including locality, estimatedconstruction period, and estimated establishment cost.
(2) Further details are contained within the extrinsic material listed in Section 11.0 –Extrinsic Material.
5.4 Catchments
(1) The Local government has five water supply areas servicing CHRC (EmeraldPlanning Scheme). These catchments are defined in Table 5.2 – Water SupplyService Catchments and on the Water Supply Service Catchment Maps in Section10.2 Infrastructure Network Catchments.
TABLE 5.2: WATER SUPPLY SERVICE CATCHMENTS
WSA Identifier Water Supply Area
W1 Emerald North
W2 Emerald South
W3 Comet
W4 Sapphire / Rubyvale
W5 Anakie
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6. SEWERAGE TRUNK INFRASTRUCTURE6.1 Definition
(1) Sewerage Trunk Infrastructure has been determined by defining its role in theprovision of service within the designed network. This is generally determinedthrough the engineering analysis of the pipe work and plant performance within thesystem.
(2) On this basis it is determined that Trunk Infrastructure is defined by those elementswhich fall into the first two levels of the hierarchy as defined in Section 6.2.
(3) Sewerage Trunk Infrastructure includes:
Sewerage Component 1 (Regional): Sewage treatment plants, effluent disposalsystems, recycled water distribution system.
(a) Treatment Plant - all systems provided to produce an acceptable quality effluent fordischarge and sludge for beneficial reuse.
(b) Effluent disposal systems - gravity or pumping system to deliver treated effluent toapproved final discharge point.
Sewerage Component 2 (Trunk Reticulation): Trunk gravity sewers, pumpingstations and rising mains.
(a) Trunk Sewers - gravity sewers which receive (or are designed to receive in future)flows from a pumped system, irrespective of the source of flow.
(b) Pumping System - i.e. re-lift systems to pump sewerage from any sewer drainagecatchment to either another catchment or direct to a treatment plant, and includingthe necessary rising mains.
6.2 Hierarchies
(1) Three components are identified for the Sewerage Network, these are summarised inTable 6.1 - Components of Sewerage Network.
TABLE 6.1: COMPONENTS OF SEWERAGE NETWORKComponent Development
InfrastructureCapital WorksProgram Timing
Entity Likely toConstructInfrastructure
1 Regional - serves the widercommunity including thosefrom other Local Governments(Regional Headworks) or sub-networks
Sewage treatment plants,effluent disposal, recycledwater systems
Yes Local government
2a Planned Reticulation orDistribution- required toprovide a connection to orsupport the main regionalsystem
Trunk Collection gravitysewers, rising mains andpumping stations
Yes Local governmentand/or Applicant
2b Unplanned Reticulation -limitedshared infrastructure but ofsufficient size or function to beconsidered "works external"
Collection gravity sewers,rising mains and pumpingstations
No- Related todevelopmenttiming
Applicant and/orLocal government
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TABLE 6.1: COMPONENTS OF SEWERAGE NETWORKComponent Development
InfrastructureCapital WorksProgram Timing
Entity Likely toConstructInfrastructure
3 Local Internal Works - requiredto provide direct service to theproposed development (100%attributable or deemedattributable)
All works internal to site andconnections to the trunknetwork defined in 1,2,and2b above
No- Related todevelopmenttiming
Applicant
6.3 Plans for Trunk Infrastructure
(1) The PFTI for Sewerage Supply Trunk Infrastructure, including planned augmentationof the existing network and new works to serviced planned development within CHRC(Emerald Planning Scheme) are shown in Section 10.1 – Plans for TrunkInfrastructure. Section 10.3 Trunk Infrastructure Works defines details about thenetwork items including locality, estimated construction period, and estimatedestablishment cost.
(2) Further details are contained within the extrinsic material listed in Section 11.0 –Extrinsic Material.
6.4 Catchments
(1) The Local government has two sewerage supply areas servicing CHRC (EmeraldPlanning Scheme). These catchments are defined in Table 6.2 – SewerageCatchments and on the Sewerage Catchment Map in Section 10.2 – InfrastructureNetwork Catchments.
TABLE 6.2: SEWERAGE CATCHMENTS
SC Identifier Sewerage Catchment
S1 Emerald North
S2 Emerald South
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7. TRANSPORT TRUNK INFRASTRUCTURE7.1 Definition
(1) Transport trunk infrastructure comprises of roads, public transport andpedestrian/cycle ways and facilities.
(2) The trunk road network comprises of roads infrastructure in Local governmentownership and selected components of the State network, with a primary function ofthe carriage of traffic within and about the Local government. Trunk roadinfrastructure provides connectivity between origin and destination and performs atrue network function by providing a variety of routes and connections.
(3) Trunk road infrastructure also includes all road drainage to ensure the safety andefficiency across the network. This includes all minor drainage pipe work associatedwith drainage of the road pavement in the minor event. All larger pipe work and flowpaths are considered to be part of the Stormwater Trunk Infrastructure.
(4) Public transport trunk infrastructure includes bus stops, signs and shelters114.
(5) Footpaths and Cycleway network consists of a series of footpaths (within the verge),off road shared use paths (outside the road corridor), on-road facilities for cycling andwalking trails115.
7.2 Hierarchies(1) Table 7.1 – Road Hierarchy defines the road hierarchy and its infrastructure status.
For a detailed description of the road hierarchy and design characteristics refer toPart 6: Division 8: Schedule B – Roadway Characteristics.
TABLE 7.1: ROAD HIERARCHYComponent Development Infrastructure Capital Works
Program TimingEntity Likely toConstructInfrastructure
1 Regional - serves the widercommunity including those fromother Local Governments.
Major Roads including:Arterial, Sub-arterial, andTrunk Collector Street,including the localcomponent or “local function”performance of Statecontrolled roads.
Yes Local Governmentand/or DTMR
2a
Planned Trunk Infrastructure-required to provide aconnection to or support themain regional system.
Major Roads (Localgovernment roads) including:Industrial Collector, MajorCollector Street and MinorCollector Street.
Yes Local Governmentand/or Applicant
2b
Planned Trunk Infrastructure-limited shared infrastructure butof sufficient size or function tobe considered "works external".
Local government roads,including Minor CollectorStreet, Major Collector Streetand Industrial Collector.
No-Related todevelopmenttiming
Applicant and/orLocal Government
114 “Public transport” has been included in the Transport Trunk Infrastructure. However no trunk infrastructure items(existing or future) for this component of the network have been included withinthePlans for Trunk Infrastructure and TrunkInfrastructure Works.115 Footpaths and Cycleway networks have been included in the ‘Transport’ Trunk Infrastructure. However no trunkinfrastructure items (existing or future) for this component of the network havebeen included within thePlans for TrunkInfrastructure and Trunk Infrastructure Works.
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TABLE 7.1: ROAD HIERARCHYComponent Development Infrastructure Capital Works
Program TimingEntity Likely toConstructInfrastructure
3 Non-trunk Infrastructure-required to provide directservice to the proposeddevelopment (100% attributableor deemed attributable toDevelopment).
All works internal to site(Access Place/Street,including Industrial Access)and connections to the trunknetwork defined in 1, 2 and2b above.
No-Related todevelopmenttiming.
Applicant
7.3 Plans for Trunk Infrastructure
(1) The PFTI for Transport Trunk Infrastructure, including planned augmentation of theexisting network and new works to service planned development within CHRC(Emerald Planning Scheme) are shown in Section 10.1 – Plans for TrunkInfrastructure. Section 10.3 Trunk Infrastructure Works defines details about thenetwork items including locality, estimated construction period, and estimatedestablishment cost.
(2) Further details are contained within the extrinsic material listed in Section 11.0 –Extrinsic Material.
(3) Statements of Intent for all State controlled road links are available at the Departmentof Transport and Main Roads.
7.4 Catchments
(1) The Local government has one Transport supply area servicing CHRC (EmeraldPlanning Scheme). The catchment is defined in Table 7.2 – Transport Catchmentsand on the Transport Catchment Map in Section 10.2 – Infrastructure NetworkCatchments.
TABLE 7.2: TRANSPORT CATCHMENTS
TC Identifier Transport Catchment
TR1 Emerald
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8. STORMWATER TRUNK INFRASTRUCTURE8.1 Definition
(1) The Stormwater Trunk Infrastructure Network consists of constructed or enhancedunderground pipes, channels or overland flow paths, detention and retention basins,wetlands, gross pollutant traps and other such stormwater quantity and qualitydevices that are shared between developments within the same catchment.Additional waterway management, such as rehabilitation of degraded riparian zonesincluding potential land acquisition, are also included in the network. However, trunkdrainage is generally exclusive of minor drainage systems for roads and reliefsystems.
(2) All road culverts and cross drainage for watercourses and overland flow paths areincluded in the Trunk Infrastructure components for Transport.
8.2 Hierarchies
(1) Provision of trunk infrastructure is determined by water quantity and quality objectivesfor the Local government. The requirements for stormwater collection infrastructurewithin catchments are influenced by topographic and watershed characteristics. Therate at which runoff collects throughout a catchment is determined by the slope, andsurface conditions (impervious fraction) and the shape of the catchment area. Thebehaviour of stormwater conduit systems is also influenced by topographic featuresas the capacity is not only determined by the physical dimensions and properties ofthe individual components, but also the gradient of conduit segments.
(2) The consequence of this characteristic of drainage systems is that the determinationof trunk drainage infrastructure in relation to collection systems poses significantcomplexity in the assessment of a uniform assignment protocol. For this reason, thedetermination of trunk stormwater infrastructure is to be based on the modelling andassessment of trunk components which would typically include defined watercourses,major overland flow paths and constructed major channels and basins at a minimumand other components as required from the modelling to serve a trunk function.
8.3 Plans for Trunk Infrastructure
(1) The PFTI for Stormwater Trunk Infrastructure within CHRC (Emerald PlanningScheme) are shown in Section 10.1 – Plans for Trunk Infrastructure.
(2) The Local government is currently investigating stormwater and drainage issues.Upon completion of the studies future stormwater trunk infrastructure will be includedin the Plans for Trunk Infrastructure.
8.4 Catchments
The Local government has one Stormwater supply area servicing CHRC (Emerald PlanningScheme). The catchment is defined in Table 8.1 – Stormwater Catchments and on theStormwater Catchment Map in Section 10.2 – Infrastructure Network Catchments.
TABLE 8.1: STORMWATER CATCHMENTS
SWC Identifier Stormwater Catchment
SW1 Emerald
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9. PUBLIC PARKS AND COMMUNITY LAND TRUNKINFRASTRUCTURE
9.1 Definition
(1) The trunk infrastructure network for parks includes all parks and associatedembellishments (including, site preparation, infrastructure services, landscaping,sporting facilities and play equipments) within the network which provide a range ofrecreational and open space opportunities. For community land only the landcomponent and associated works required to accommodate community uses isincluded.
(2) Based on functional use, all parks are classified into one of five categories being,active informal, sporting, foreshore/riparian, natural or civic/cultural.
9.2 Hierarchies
(1) Table 9.1 – Public Parks Hierarchy and function Classification defines the six levelopen space hierarchy for the Local government.
TABLE 9.1: PUBLIC PARKS HIERARCHY
Park TypeBushland parksLocal play parks
District sports/courts reserveRegional civic park
Regional sports/courts reservesLand for Community Facilities
9.3 Plans for Trunk Infrastructure
(1) The PFTI for Public Parks and Community Land Trunk Infrastructure, includingplanned augmentation of the existing network and new works to serviced planneddevelopment are shown in Section 10.1 – Plans for Trunk Infrastructure.– TrunkInfrastructure Works defines details about the network items including locality,estimated construction period, and estimated establishment cost.
(2) Further details are contained within the extrinsic material listed in Section 11.0 –Extrinsic Material.
9.4 Catchments
(1) The Local government has two Public Parks and Community Land supply areasservicing CHRC (Emerald Planning Scheme). These catchments are defined in Table9.2 – Public Parks and Community Land Catchment and on the Public Parks andCommunity Land Catchment Map in Section 10.2 – Infrastructure NetworkCatchments.
TABLE 9.2: PUBLIC PARKS AND COMMUNITY LAND CATCHMENTS
PPCL Identifier Catchment
PPCL1 Emerald (Township)
PPCL2 Remainder
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10. PLANS FOR TRUNK INFRASTRUCTURE ANDTRUNK INFRASTRUCTURE NETWORKS
10.1 Plans for Trunk Infrastructure
(1) Plans for Trunk Infrastructure (PFTI) identify existing and future trunk infrastructurerequirements to service development. The local government’s capital works programinclude provision for trunk infrastructure in accordance with the PFTI and schedulingrequirements, however to be clear the PFTI is not the local government’s capitalworks program.
(2) Plans identifying the existing and future trunk infrastructure for each infrastructurenetwork are shown in Appendix 4 - Priority Infrastructure Plan Maps 2-7.
10.2 Infrastructure Network Catchments
(1) Plans identifying the Infrastructure Network Catchments for each infrastructurenetwork are shown in Appendix 4 - Priority Infrastructure Plan Maps 8-12.
10.3 Trunk Infrastructure Works
(1) Schedules identifying the Trunk Infrastructure Works for each infrastructure networkare shown in Appendix 5 - Priority Infrastructure Plan Trunk Infrastructure Works 1-4.
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
11. EXTRINSIC MATERIALThe following documents are extrinsic material under the Statutory Instruments Act 1992 andwill assist in the interpretation of the Local government’s Priority Infrastructure Plan.
PIP Element Provider Group Relevant Information LocationCommon Planning Elements
Planning AssumptionsLand Use/DemandsGrowth
Strategic Planning CHRC (Emerald) IPA Planning Scheme and Policies CHRC (Emerald) Building and Development Approval
Data 2008 PIFU Population and Housing Forecasts ABS Community Profiles and Population and Housing
Data (2006) Office of Economic and Statistical Research- Local
Government Area Profile 2007
CHRC Office and Website CHRC Office
DLGPSR Website ABS Website
OESR Website
Priority InfrastructureArea
Strategic Planning PIFU Population and Housing Forecasts CHRC (Emerald) IPA Planning Scheme and Policies Section 8a: Priority Infrastructure Area and Planning
Assumptions (June 2009)
DLGPSR Website CHRC Office
Infrastructure Specific ElementsDesired Standards ofService(Planning and DesignStandards)
Water Supply andSewerage
CHRC (Emerald) IPA Planning Scheme Sewerage code of Australia Water supply code of Australia NHMRC Australian Drinking Water Guidelines Example Sewerage Pump Station and Rising Main
Plans from existing developments
CHRC Office and Website Website Website Website CHRC Office
Public Parks andCommunity Land
Open Space and Recreation Plan1998 Open Space and Recreation Plan 2007-2017
CHRC Office CHRC Office
Transport Queensland Streets Austroads
Website Website
Stormwater Queensland Urban Drainage Manual (QUDM) EPA Requirements and Guidelines
Integran EPA Website
Plans for TrunkInfrastructure
Water Supply andSewerage
Water Undertaking HeadworksContributions–PlanningScheme Policy No. 2
Sewerage Undertaking Headworks Contributions–Planning Scheme Policy No. 3
CHRC (Emerald) GIS Mapping Database and OfficerKnowledge
Water and Sewerage Asset Valuation Register (2008)
CHRC Office and Website
CHRC Office and Website
CHRC Office
CHRC OfficePublic Parks andCommunity Land
Open Space and Recreation Plan 2007-2017 CHRC (Emerald) GIS Mapping Database and Officer
Knowledge CHRC (Emerald) Parks and Gardens Asset Register
CHRC Office CHRC Office
CHRC OfficeTransport Department of Transport and Main Roads–Statement
of Intent DTMR GIS Data Sets for State Controlled Roads (2008) DTMR Existing Asset Data (Emerald LGA) 2007 Road and Major Drainage Asset Valuation Register
(2008) CHRC (Emerald) GISMapping Database and Officer
Knowledge
DTMR Emerald DistrictOffice
DTMR Office DTMR Office CHRC Office
CHRC Office
Stormwater CHRC (Emerald) GIS Mapping Database and OfficerKnowledge
CHRC Office
Trunk Infrastructure Works Elements
PART 7 PRIORITY INFRASTRUCTURE PLAN
Planning Scheme for Emerald Shire (Amendment No. 3)2013
PIP Element Provider Group Relevant Information LocationExisting Asset Data Water Supply and
Sewerage Water Undertaking Headworks Contributions–Planning
Scheme Policy No. 2 Sewerage Undertaking Headworks Contributions–
Planning Scheme Policy No. 3 CHRC (Emerald) GIS Mapping Database and Officer
Knowledge Water and SewerageAsset Valuation Register (2008)
CHRC Office and Website
CHRC Office and Website
CHRC Office
CHRC OfficePublic Parks andCommunity Land
Parkland Contributions –Planning Scheme Policy No. 4 Open Space and Recreation Plan 2007-2017 CHRC (Emerald) GISMapping Database and Officer
Knowledge CHRC (Emerald) Parks and Gardens Asset Register CHRC (Emerald) Parks Embellishments Register and
Replacement Costs
CHRC Office and Website CHRC Office CHRC Office
CHRC Office CHRC Office
Transport External Roadworks Contributions–Planning SchemePolicy No. 5
DTMR GIS Data Sets for State Controlled Roads (2008) DTMR Existing Asset Data (Emerald LGA) 2007 Road and Major Drainage Asset Valuation Register
(2008) CHRC (Emerald) GIS Mapping Database and Officer
Knowledge
CHRC Office and Website
DTMR Office DTMR Office CHRC Office
CHRC Office
Stormwater CHRC (Emerald) GIS Mapping Database and OfficerKnowledge
CHRC Office
Future Capital Works(Ultimate)
Council WideDocumentsWater Supply andSewerage
CHRC (Emerald) GIS Mapping Database and OfficerKnowledge
Planning Reports: Emerald Town–Water Supply Strategy
Report (September 2006) East Nogoa Pump Station (December 2008) Water Treatment Plant Upgrade Chemical
Dosing Unit Report , Wide Bay Water andCHRC (Revision 2, 2008)
Water and Sewerage Asset Valuation Register (2008) CHRC (Emerald) Officer Knowledge of Water Subsidies CHRC (Emerald) Sewerage Pump Station Construction
Costs –Existing Project Estimates Northern Industrial Infrastructure Agreement (for
Sewerage) Council Records of Sewerage Subsidies
CHRC Office
CHRC Office
CHRC Office CHRC Office CHRC Office
CHRC Office CHRC Office
Public Parks andCommunity Land
Open Space and Recreation Plan 2007-2017 CHRC (Emerald) Office Knowledge of Future Park
Upgrades Council Group Discussions–Future Parks and Park
Upgrade Timings Council Records –State and Federal Subsidies CHRC (Emerald) Preliminary Estimate for Sunrise
Rotary Park Facility Upgrade Document Emerald Open Space and Recreation Plan (for Parks
Embellishments and DSS)
CHRC Office CHRC Office
CHRC Office
CHRC Office CHRC Office
CHRC Office
Transport Road and Major Drainage Asset Valuation Register(2008)
CHRC (Emerald) GIS Mapping Database and OfficerKnowledge
CHRC Office
CHRC Office
Stormwater CHRC (Emerald) GIS Mapping Database and OfficerKnowledge
Trunk Asset Locations–CHRC (Emerald) and IntegranWorkshop
CHRC Office
CHRC Office
APPENDICES Appendix 1 Zoning Maps
Planning Scheme for Emerald Shire (Amendment No. 3)2013
APPENDIX 1Zone Maps
Zone Map 1 Emerald Shire Zoning
Zone Map 2 Emerald Town Zoning
Zone Map 3 Comet Village Zoning
Zone Map 4 Bogantungan Village Zoning
Zone Map 5a Rubyvale and Sapphire Zoning
Zone Map 5b Rubyvale and Sapphire Zoning
Zone Map 5c Rubyvale and Sapphire Zoning
Zone Map 5d Anakie Zoning
Zone Map 5e Willows Zoning
Zone Map 6 Special Industrial Zoning
APPENDICES Appendix 2 Overlay Maps
Planning Scheme for Emerald Shire (Amendment No. 3)2013
APPENDIX 2Overlay Maps
Overlay Map CONS 1 Water Catchment
Overlay Map CONS 2 Heritage (sheet 1)
Overlay Map CONS 2 Heritage (sheet 2)
Overlay Map NDIS 1 Bushfire Hazard
Overlay Map NDIS 2 Floodplain AssessmentEmerald Shire PlanningScheme Overlay Map(Emerald Shire)
Overlay Map NDIS 3 Floodplain AssessmentEmerald Shire PlanningScheme Overlay Map(Emerald Town)
Overlay Map NDIS 4 Floodplain AssessmentEmerald Shire PlanningScheme Overlay Map(Rubyvale & Sapphire)
Overlay Map RES 1 Agricultural Classes
Overlay Map RES 2 Mining and Extractive
Overlay Map RES 3 Aircraft Affected (sheet 1)
Overlay Map RES 3 Aircraft Affected (sheet 2)
Overlay Map RES 3 Aircraft Affected (sheet 3)
Overlay Map UTIL 1 Plant and Refuse
APPENDICES Appendix 3 Planning Scheme Map
Planning Scheme for Emerald Shire (Amendment No. 3)2013
APPENDIX 3Planning Scheme Map
Planning Scheme Map 1 Stock Routes
APPENDICES Appendix 4 Priority Infrastructure Plan Maps
Planning Scheme for Emerald Shire (Amendment No. 3)2013
Appendix 4 - Priority Infrastructure Plan Maps
PIP Map 1 Central Highland Regional Council (Emerald)Priority Infrastructure Area
PIP Map 2 Water Supply Trunk Infrastructure
PIP Map 3 Sewerage Trunk Infrastructure
PIP Map 4 Existing Transport (Roads) TrunkInfrastructure
PIP Map 5 Future Transport (Roads) Trunk Infrastructure
PIP Map 6 Stormwater Trunk Infrastructure
PIP Map 7 Public Parks and Community Land TrunkInfrastructure
PIP Map 8 Water Supply Trunk Infrastructure NetworkCatchments
PIP Map 9 Sewerage Trunk Infrastructure NetworkCatchments
PIP Map 10 Transport (Roads) Trunk InfrastructureNetwork Catchments
PIP Map 11 Stormwater Trunk Infrastructure NetworkCatchments
PIP Map 12 Public Parks and Community Land TrunkInfrastructure Network Catchments
APPENDICES Appendix 5 Priority Infrastructure Plan TrunkInfrastructure Works
Planning Scheme for Emerald Shire (Amendment No. 3)2013
Appendix 5 - Priority Infrastructure Plan TrunkInfrastructure Works
Schedule of Works 1 Water Supply
Schedule of Works 2 Sewerage
Schedule of Works 3 Transport (Roads)
Schedule of Works 4 Public Parks and Community Land