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Part 5 Tables of assessment

5.1 Preliminary

The tables in this part identify the level of assessment and assessment criteria for development within the planning scheme area.

5.2 Reading the tables

(1) The tables identify the following:

(a) development that is prohibited, exempt or requires self, compliance, code or impact assessment;

(b) the level of assessment for development in:

(i) a zone and where used, a precinct of a zone;

(ii) a neighbourhood plan and where used, a precinct of a neighbourhood plan;

(iii) an overlay where used;

(c) the assessment criteria for development including:

(i) whether a zone code or specific provisions in the zone code applies (shown in the 'assessment criteria' column);

(ii) if there is a neighbourhood plan, whether a neighbourhood plan code or specific provisions in the neighbourhood plan code applies (shown in the 'assessment criteria' column);

(iii) if there is an overlay:

(A) whether an overlay code applies (shown in the table in section 5.10); or

(B) the assessment criteria as shown on the overlay map (noted in the 'assessment criteria' column) applies;

(iv) any other applicable code(s) (shown in the 'assessment criteria' column).

(d) any variation to the level of assessment (shown as an 'if' in the 'level of assessment' column) that applies to the development.

Note—Development will only be taken to be prohibited development under the planning scheme if it is identified in Schedule 1 of the Act, a state planning regulatory provision or within the standard planning scheme provisions.

Editor’s note—Examples of a variation are gross floor area, height, number of people or precinct provisions.

Note—Where a use forms part of an activity group and is also listed as an individual use in the same table or another table, then the level of assessment associated with the individual listing has primacy. For example, if the centre activity group is identified as having a particular level of assessment in a centre zone level of assessment table, where an individual centre activity group use, such as parking station, is also listed in the zone table or listed as a variation in a neighbourhood plan table, then that individual use listing has primacy over the activity group listing.

Part 5 - Tables of Assessment Introduction Effective 12 September 2014

5.3 Levels of assessment

5.3.1 Process for determining the level of assessment

(1) The process for determining a level of assessment is:

(a) for a material change of use, establish the use by reference to the use definitions in Schedule 1;

(b) for all development, identify the following:

(i) the zone or zone precinct that applies to the premises, by reference to the zone map in Schedule 2;

(ii) if a neighbourhood plan or neighbourhood plan precinct applies to the premises, by reference to the neighbourhood plan map in Schedule 2;

(iii) if an overlay applies to the premises, by reference to the overlay map in Schedule 2;

(c) determine if the development has a prescribed level of assessment, by reference to the tables in section 5.4 Prescribed levels of assessment;

(d) if the development is not listed in the tables in section 5.4 Prescribed levels of assessment, determine the initial level of assessment by reference to the tables in:

(i) section 5.5 Levels of assessment—Material change of use;

(ii) section 5.6 Levels of assessment—Reconfiguring a lot;

(iii) section 5.7 Levels of assessment—Building work;

(iv) section 5.8 Levels of assessment—Operational work;

(e) a precinct of a zone may change the level of assessment and this will be shown in the 'level of assessment' column of the tables in section 5.5, section 5.6, section 5.7 and section 5.8;

(f) if a neighbourhood plan applies, refer to the table(s) in section 5.9 Levels of assessment—Neighbourhood plans, to determine if the neighbourhood plan changes the level of assessment for the zone;

(g) if a precinct of a neighbourhood plan changes the level of assessment this will be shown in the 'level of assessment' column of the table(s) in section 5.9;

(h) if an overlay applies, refer to section 5.10 Levels of assessment—Overlays, to determine if the overlay further changes the level of assessment.

5.3.2 Determining the level of assessment

(1) A material change of use is impact assessable:

(a) unless the table of assessment states otherwise; or

(b) if a use is not listed or defined; or

(c) unless otherwise prescribed within the Act or the Regulation.


(2) Reconfiguring a lot is code assessable unless the tables of assessment state otherwise or unless otherwise prescribed within the Act or the Regulation.

(3) Building work and operational work are exempt development, unless the tables of assessment state otherwise or unless otherwise prescribed within the Act or the Regulation.

(4) Where development is proposed on premises included in more than one zone, neighbourhood plan or overlay; the level of assessment is the highest level for each aspect of the development under each of the applicable zones, neighbourhood plans or overlays.

(5) Where development is proposed on premises partly affected by an overlay, the level of assessment for the overlay only relates to the part of the premises affected by the overlay.

(6) For the purposes of Schedule 4, table 2, item 2 of the Regulation, an overlay does not apply to the premises if the development meets the self-assessable acceptable outcomes of the relevant overlay code.

(7) If development is identified as having a different level of assessment under a zone than under a neighbourhood plan or an overlay, the highest level of assessment applies as follows:

(a) self-assessable prevails over exempt;

(b) compliance assessment prevails over self-assessable and exempt;

(c) code assessable prevails over self-assessable and exempt;

(d) impact assessable prevails over code, self-assessable and exempt.

Note—Where a development is comprised of a number of defined uses (not in an activity group) the highest level of assessment applies.

(8) Despite subsection 5.3.2(4) and (7) above, a level of assessment in a neighbourhood plan overrides a level of assessment in a zone, and a level of assessment in an overlay overrides a level of assessment in a zone or neighbourhood plan.

(9) Provisions of Part 10 may override any of the above.

(10) State-prescribed levels of assessment identified in Part 5, section 5.4, override all other levels of assessment for that development, with the exception of the Act or the Regulation.

(11) Despite all of the above, if development is listed as prohibited development under Schedule 1 of the Act, a development application can not be made.

Note—Development is to be only taken to be prohibited development under the planning scheme if it is identified in Schedule 1 of the Act, a state planning regulatory provision or in section 5.4 of the standard planning scheme provisions.

5.3.3 Determining the assessment criteria

(1) The following rules apply in determining assessment criteria:


(a) for self-assessable development:

(i) development must be assessed against all the identified self-assessable acceptable outcomes of the applicable code(s) identified in the assessment criteria column;

(ii) development that complies with the self-assessable acceptable outcomes of the applicable code(s) complies with the code(s);

(iii) where development does not comply with one or more identified self-assessable acceptable outcomes of the applicable code(s), the development becomes assessable development;

(b) for development requiring compliance assessment:

(i) development must be assessed against all the identified compliance outcomes of the applicable code(s) identified in the assessment criteria column;

(ii) development that complies with, or is conditioned to comply with, the compliance outcome(s) complies with thecode(s);

(c) for code assessable development:

(i) development must be assessed against all the applicable codes identified in the assessment criteria column;

(ii) where development becomes code assessable pursuant to clause 5.3.3(1)(a)(iii):

(A) the assessment criteria for the development application is limited to the subject matter of the self-assessable acceptable outcomes that were not complied with or were not capable of being complied with under clause 5.3.3(1)(a)(iii);

(B) development must still comply with all self-assessable acceptable outcomes identified in clause 5.3.3(1)(a)(i), other than those mentioned in clause 5.3.3(1)(a)(iii);

(iii) development that complies with:

(A) the purpose and overall outcomes of the code complies with the code;

(B) the performance or acceptable outcomes where prescribed complies with the purpose and overall outcomes of the code;

(iv) development must have regard to the purposes of any instrument containing an applicable code;

(d) for impact assessable development:

(i) development must be assessed against all identified code(s) in the assessment criteria column (where relevant);


(ii) development must be assessed against the planning scheme, to the extent relevant.

Note—In relation to section 5.3.3(1)(c)(iv) above, and in regard to section 313(3)(d) of the Act, the strategic framework or the structure plan (where relevant) is considered to be the purpose of the instrument containing an applicable code.

5.3.4 Prescribed exempt development

(1) This section identifies development (prescribed exempt development) which is exempt under the planning scheme unless a higher level of assessment is stated in section 5.9 or section 5.10.

(2) The development which is prescribed exempt development is stated in Table 5.3.4.1.

Table 5.3.4.1—Prescribed exempt developmentDevelopment Circumstances

Lawful instruction

Any development If required to be carried out by a lawful order or instruction issued under any legislation.

Restoration of building

Material change of use If involving the restoration to its original condition of any building which has been accidentally damaged or destroyed.

Roads or busways

Reconfiguring a lot If involving road widening or a truncation required as a condition of a development approval.

Any development If involving the construction, maintenance or operation of a road or busway, any development associated with the road or busway carried out by, on behalf of, or under contract with the Council or the Queensland Government, including:

(a) activities undertaken for road construction;

(b) traffic signs and controls;

(c) depots;

(d) road access works;

(e) road construction site buildings;

(f) drainage works;

(g) ventilation facilities, including exhaust fans and outlets;

(h) rest area facilities and landscaping;

(i) parking areas;

(j) public transport infrastructure;

(k) control buildings;

(l) toll plazas.

Temporary building

Any development If associated with a material change of use, building work or operational work, (that is either exempt development, self-assessable development or for which a current development permit exists),


where on a site for no more than 2 years.

Sales office

Any development If involving a sales office on a lot in a zone in the residential zones category, zone in the centre zones category, the Emerging community zone or the Mixed use zone, for no more than 2 years.

Pathway

Any development If constructed in a park by or on behalf of the Council.

Minor demolition work

Building work(ii) within an existing small lot or proposed to be slid sideways

onto an adjoining small lot, where the relocated building complies with:

(A) the side boundary setbacks specified in acceptable outcomes AO2.4 of Table 9.3.8.3.A of the Dwelling house (small lot) code;

(B) the rear setbacks in acceptable outcomes AO2.5 of Table 9.3.8.3.A of the Dwelling house (small lot) code; or

(iii) forwards or backwards within a lot, where it does not involve the rotation of the building to face another frontage or boundary and the proposed setback of the building is a minimum of 6m to any road frontage or within 20% of the average setbacks of the buildings nextdoor, where those buildings have a setback of less than 6m;

(b) raising a dwelling house, where:

(i) not on a small lot;

(ii) the resultant building height does not exceed 9.5m;

(iii) not involving any building work to enclose underneath the dwelling house;

(c) demolition of an internal wall or feature;

(d) demolition of a stair;

(e) demolition of a post-1946 addition, extension or free-standing outbuilding;

(f) demolition of a free-standing outbuilding at the rear of the building constructed in 1946 or before;

(g) demolition of any post-1946 alteration to reveal the original design or reconstruction with the original form and materials, including roof material, wall cladding, windows, stumps, lower floor enclosures and verandah enclosures;

(h) demolition of features including windows, doors, balustrades, window hoods and fretwork forming part of the building constructed in 1946 or before, where the demolition enables replacement of the feature with new features of the same style and appearance consistent with traditional building character;

(i) any other demolition required as a consequence of carrying out work related to renovations and extensions previously approved in accordance with or exempt from assessment against the


http://www.brisbane.qld.gov.au/planning-building/planning-guidelines-tools/brisbane-city-plan-2014/city-plan-2014-mapping



Traditional building character (design) overlay code or the Dwelling house (small lot) code.

Editor's note—Where building work is on premises affected by an overlay, the level of assessment stated in section 5.10 applies.

Building work If in the Heritage overlay where in the Local heritage place sub-category for partial demolition of a component of a heritage place, if involving only:

(a) demolition to facilitate internal building work or a fitout that does not materially affect cultural heritage significance;

(b) altering, repairing or removing furniture and fittings that do not contribute to cultural heritage significance;

(c) altering, repairing or removing building finishes that do not contribute to cultural heritage significance, such as paint, wallpaper and plaster.

Editor's note—Council advice should be sought to assist in determining whether demolition works are exempt.

Minor building work

Building work If building work in the Traditional building character overlay where not in the Local heritage place sub-category or the State heritage place sub-category of the Heritage overlay, involving a dual occupancy, dwelling house or multiple dwelling, involving only:

(a) enclosing under an existing building to the extent of the core of the building along the front and side boundaries;

(b) an enclosed extension where preceded by lawful demolition as either exempt or approved under the Traditional building character (demolition) code at the rear of the portion of the building retained following the lawful demolition of the rear components;

(c) an external stair or ramp;

(d) a carport with a maximum total width of 6m or 50% of the average width of the lot, whichever is the lesser, located between the building and front boundary, other than where in the Sherwood—Graceville district neighbourhood plan area;

(e) a carport located between the building and the side boundary, except on a corner lot, other than where in the Sherwood—Graceville district neighbourhood plan area;

(f) a carport, garage, shed or other outbuilding at the rear of the building;

(g) decks, verandahs and balconies at the rear of the building;

(h) raising an existing house where the resultant maximum height does not exceed 9.5m, other than where in the Latrobe and Given Terraces neighbourhood plan area or Sherwood—Graceville district neighbourhood plan area

Electricity infrastructure or utility installation


Any development If involving minor electricity infrastructure, major electricity infrastructure, substation or utility installation, where an undertaking for the supply of water, hydraulic power, electricity or gas of any development being:

(a) development of any description at or below the surface of the ground;

(b) the installation of any plant inside a building or the installation or erection within the premises of a generating station of any plant or other structure or erection required in connection with the station;

(c) the installation or erection of an electricity distribution or supply network including any components of such a network which operates at voltages up to and including 33kV, other than a new substation;

(d) the installation or erection of a new electrical transmission line on land on which such a line has already been erected and which is identified as a future line on Plan No: A4-H-303666—Powerlink Electricity Network and Plan No: 7775-A4/A—Energex 110kV Feeder Network;

(e) the augmentation of a Powerlink substation identified on Plan No: A4-H-303666—Powerlink Electricity Network and of any Energex substation existing as at 1 July 2003;

(f) the placing of pipes above the surface of the ground for the supply of water, the installation of a water distribution system of booster stations and meter or switchgear houses;

(g) any other development not specifically referred to above, except where it involves:

(i) the erection of a new building;

(ii) fuel burning for power generation:

(A) with an installed capacity of 0.1MW or less, if operating more than 100 hours per year; or

(B) with an installed capacity of over 0.1MW; or

(C) burning coal or coal products;

(iii) reconstruction or alteration of an existing building that would materially affect their design or external appearance;

(iv) waste handling, treatment and disposal facility

Editor's note—The date identified in paragraph (e) is the date than an equivalent provision took effect under the previous planning scheme (Brisbane City Plan 2000).

Utility installation If involving a utility installation where a sewage treatment plant, sewage pump station, water pump station or water reservoir, where:

(a) replacing mechanical plant or equipment at an existing facility with an upgrade that has no increase emissions;

(b) not expanding the current development footprint;

(c) a new sewage pump station in an industry zone or emerging community zone that is not less than 50m from a residential zone, does not require filling and is not located in a landslide overlay, flood overlay or biodiversity overlay.


http://www.brisbane.qld.gov.au/planning-building/planning-guidelines-and-tools/superseded-brisbane-city-plan-2000

Telecommunications facility

Any development If no more than 1 signal receiving satellite dish erected on a premises, with a dimension no greater than:

(a) 1.2m in a residential zone or Township zone;

(b) 1.8m in any other zone.

Editor’s note—The Commonwealth Telecommunications Act 1997 also exempts certain telecommunications facilities from State planning legislation. These facilities are described in the Commonwealth Telecommunications Act 1997, the Telecommunications (Low–impact Facilities) Determination 1997, and the Telecommunications Code of Practice 1997.

Dwelling house on a small lot


http://www.comlaw.gov.au/Details/C2012C00584

http://www.comlaw.gov.au/Details/C2012C00584

http://www.comlaw.gov.au/Series/F2004B00451

http://www.comlaw.gov.au/Current/F2012C00177

Building work If involving only renovations and extensions to an existing building where:

(a) the proposed extensions are fully contained within a building envelope that complies with the acceptable outcomes for maximum building height and building length contained in the Dwelling house (small lot) code;

(b) the proposed extensions are fully contained within a building envelope that complies with the acceptable outcomes for front, rear and side setbacks and built to boundary walls contained in the Dwelling house (small lot) code;

(c) the total building footprint of the dwelling house including extensions does not exceed 50% of the site area;

(d) any roof deck or viewing platform that forms part of the renovation or extension is set back at least 1.5m from the side boundary and is no more than 7m above ground level or the height of an upper storey roof, whichever is the lesser;

(e) any balconies, terraces, decks or roof decks that form part of the renovation or extension that result in a direct view into windows of habitable rooms, balconies, terraces and decks in an adjacent dwelling house, ensure that view is screened from floor level to a height of 1.5m above floor level;

(f) any renovation or extension within 2m at ground level or 9m above ground level of a neighbouring dwelling house (refer to Figure f in the Dwelling house (small lot) code) only incorporates windows where they:

(i) are offset from the window of a habitable room in the adjacent dwelling house to limit direct outlook as shown in Figure g in the Dwelling house (small lot) code; or

(ii) have sill heights of 1.5m above floor level; or

(iii) are covered by fixed obscure glazing in any part of the window below 1.5m above floor level; or

(iv) have fixed external screens; or

(v) in the case of screening for a ground floor level, fencing to a height of 1.5m above ground floor level.

(g) any screening devices required by (e) or (f) above, are:

(i) solid translucent screens, perforated or slatted panels or fixed louvres that have a maximum of 25% openings, with a maximum opening dimension of 50mm, that are permanently fixed and durable (refer to Figure h and Figure i in the Dwelling house (small lot) code);

(ii) offset a minimum of 0.3m from the face of any window;

(iii) may be hinged to facilitate emergency egress only.


Building work:

(a) outside the building envelope created by applying the acceptable outcomes for the maximum building height and building length contained in the Dwelling house (small lot) code; or

(b) outside the building envelope, created by applying the acceptable outcomes for front, rear and side setbacks and built to boundary walls contained in the Dwelling house (small lot) code.

If involving:

(a) raising an existing house where:

(i) the side boundary setbacks comply with the setbacks under the Building Regulation;

(ii) the maximum height does not exceed 9.5m above ground level;

(iii) any windows that are within 2m at ground level or 9m above ground level of a neighbouring dwelling house (refer to Figure f in the Dwelling house (small lot ) code:

(A) are offset from the window of a habitable room in the adjacent dwelling house to limit direct outlook as shown in Figure g in the Dwelling house (small lot) code; or

(B) have sill heights of 1.5m above floor level; or

(C) are covered by fixed obscure glazing in any part of the window below 1.5m above floor level; or

(D) have fixed external screens; or

(E) in the case of screening for a ground floor level, fencing to a height of 1.5m above ground floor level.

(iv) any screening devices required by (iii) above, are:

(A) solid translucent screens, perforated or slatted panels or fixed louvres that have a maximum of 25% openings, with a maximum opening dimension of 50mm, that are permanently fixed and durable (refer to Figure h and Figure i in the Dwelling house (small lot) code);

(B) offset a minimum of 0.3m from the face of any window;

(C) may be hinged to facilitate emergency egress only.

Note—For the purpose of this provision the setbacks of the Building Regulation are to be read as taken to the wall, not the outermost projection.

(b) aerials or sewer vents on the roof;

(c) enclosing under an existing house (except where located in an overlay that makes such development assessable e.g. Flood overlay and Heritage overlay);

(d) 1 carport (maximum depth 6m and maximum width 3m excluding eaves);

(e) 1 unenclosed patio or gazebo (maximum roofed area 16m2 and maximum height 3m);

(f) pool and/or spa (any size) and unenclosed ancillary shade structures (maximum roofed area 10m2 and maximum height 3m);

(g) unenclosed roofed ground-level walkway (maximum 1.3m wide and maximum height of 2.5m above finished ground level to the underside of the ceiling) between the building components;

(h) 1 shed (maximum roofed area 10m2 and maximum height 3m);

(i) roof structures over existing decks, balconies (maximum height 9.5m above ground level);


http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_B.htm


(j) gatehouse (maximum roofed area 3m2 and maximum height 3m);

(k) 1 double carport with no garage doors:

(i) maximum depth 6m;

(ii) maximum width 6m, excluding eaves;

(iii) minimum side boundary setback 1.5m;

(iv) minimum front boundary setback 2m;

(v) maximum crossover width 4.5m;

(vi) where on a lot with a street frontage width of 15m or greater, and the total building footprint of the dwelling and carport does not exceed 50%.

Note—Unless specified, the above building works are still subject to the siting provisions of the Building Regulation.

Note—For the purpose of this provision, the setbacks of the Building Regulation are to be read as taken to the wall, not the outermost projection.

5.3.5 Prescribed secondary code

For a code identified in the assessment criteria column, the prescribed secondary codes are those stated in Table 5.3.5.1.




Table 5.3.5.1—Prescribed secondary codeCode identified

in the assessment

criteria column

Prescribed secondary code

Child

care

centre

code

Filling and

excavation

code

Infra-

structure

design

code

Land-

scape

work

code

Multiple

dwelling

code

Outdoor

lighting

code

Park

planning

and

design

code

Storm-

water

code

Transport,

access,

parking

and

servicing

code

Waste-

water

code

Animal keeping code

- Yes Yes Yes - Yes - Yes Yes Yes

Centre or mixed use code

- Yes Yes Yes Yes Yes Yes Yes Yes Yes

Child care centre code


Community facilities code

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Dual occupancy code


Extractive industry code


Part 5 - Tables of Assessment Introduction Effective 30 June 2014

Indoor sport and recreation


Industry code

- Yes Yes Yes - Yes Yes Yes Yes Yes

Intensive food production code

- - - - - Yes - Yes - Yes

Multiple dwelling code


Operational work code

- - Yes - - Yes - Yes Yes -

Outdoor sport and recreation code


Park planning and design code


Prescribed tidal work code

- - Yes Yes - Yes - - Yes -

Residential care facility code



Rooming accommodation code


Rural activities code


Service station code


Short-term accommodation code


Small-scale non-residential uses code

- Yes Yes Yes Yes Yes - Yes Yes Yes

Specialised centre code

- - Yes Yes Yes Yes Yes Yes Yes Yes

Special purpose code


Subdivision code


Telecommunications facility code

- Yes Yes Yes - Yes - Yes - -

Tourist park - Yes Yes Yes - Yes Yes Yes Yes Yes


and relocatable home park

Active frontages in residential zones overlay code

- - Yes Yes - Yes - Yes Yes Yes

Commercial character building (activities) overlay code



5.4 Prescribed levels of assessment

For the development specified in the 'use', 'zone' or 'development' columns in Table 5.4.1, Table 5.4.2, Table 5.4.3, Table 5.4.4 and Table 5.4.5 , the levels of assessment are prescribed in the tables.

Table 5.4.1—Prescribed levels of assessment: material change of useUse Level of assessment Assessment criteria

Community residence Self assessment

If in a residential zone or residential zone category or a rural residential zone

Community residence code

Cropping where forestry for wood production

Self assessment

If in a rural zone, where complying with the relevant self-assessable acceptable outcomes

Forestry for wood production code

Note—The overlays identified in Part 8 are also relevant where applicable to, and covering the land subject to, the development.

Code assessment

If in a rural zone, where not self-assessable

Editor’s note—The assessment level is capped at code assessment when a local government establishes a variation to ‘Cropping’ (where involving forestry for wood production).

Forestry for wood production code


Dwelling house Exempt

If in a residential zone, where identified in Schedule 4, Table 2 of the Regulation

Not applicable


Table 5.4.2—Prescribed levels of assessment: reconfiguring a lotZone Level of assessment Assessment criteria

Residential zone category or industry zone category

Compliance assessment

Subdivision of 1 lot into 2 lots (and associated operational work) if compliance assessment is required under Schedule 18 of the Regulation

Note—Compliance assessment is not required for reconfiguring a lot of land to which an overlay applies under item 1(p) of schedule 18 of the Regulation.

Reconfiguring a lot (subdividing 1 lot into 2 lots) and associated operational work code






Table 5.4.3—Prescribed levels of assessment: building workTable not used.

Table 5.4.4—Prescribed levels of assessment: operational workZone Level of assessment Assessment criteria

Residential zone category or industry zone category

Compliance assessment

Operational work associated with reconfiguring a lot requiring compliance assessment under Schedule 18 of the Regulation

Reconfiguring a lot (subdividing 1 lot into 2 lots) and associated operational work code

Table 5.4.5—Prescribed levels of assessment: overlaysTable not used.


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