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Part 6  Zones

6.1 Preliminary
6.2

Zone Codes
6.2.1 Recreation and open space zone codes
6.2.2 Rural zone code
6.2.3 Rural residential zone code
6.2.4 Township zone code

6.1  Preliminary

  1. Zones organise the planning scheme area in a way that facilitates the location of preferred or acceptable land uses.
  2. Zones are mapped and included in Schedule 2.
  3. The levels of assessment for development in a zone are in Part 5.
  4. A precinct may be identified for part of a zone.
  5. Precinct provisions are contained in the zone code.
  6. Each zone code identifies the following:
    1. the purpose of the code
    2. the overall outcomes that achieve the purpose of the code
  7. The following are the zone codes for the planning scheme:
    1. Recreation and open zone code
    2. Rural zone code
    3. Rural residential zone code
    4. Township zone code, including:
      1. Commercial precinct
      2. Industrial precinct
      3. Residential precinct.

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6.2  Zone codes

6.2.1  Recreation and open space zone code

This code applies to development where the code is identified as applicable in a table of assessment.

6.2.1.1  Purpose

The purpose of the recreation and open space zone code is to:

  1. protect the areas within the Shire with the most significant ecological and landscape values including state forests, national parks, significant habitat, wetlands and waterways,  wildlife corridors, timber resources, regional parks and areas of high scenic amenity;
  2. maintain public accessibility to publicly-owned open space consistent with the protection of the environmental values of the area;
  3. provide recreation opportunities that are compatible and sustainable with the environmental values of the land; and
  4. ensure that buildings, structures and other developments are sympathetic to, and integrated with, the environment and values of the land.

The purpose of the code will be achieved through the following outcomes:

  1. open space is accessible to the general public for a range of informal outdoor recreation activities at local, district and regional levels;
  2. where possible, development contributes to  the provision of facilities for active sport and recreation to meet community needs, including playing fields, equestrian facilities, outdoor cultural facilities, educational activities, and outdoor courts;
  3. development provides for safe and convenient internal pedestrian and cyclist pathways and external connections to existing and proposed public transport infrastructure and surrounding activities wherever possible;
  4. structures ancillary to outdoor sport and recreation uses, such as clubhouses, shelters, amenity facilities, may be provided where appropriate;
  5. development protects and enhances matters of state and local environmental significance, landscape values and ecological connectivity;
  6. facilities are sited, designed and operated to minimise adverse impacts on surrounding land; and
  7. design of built form and public spaces facilitates safe and secure environments and discourages antisocial behaviour.

6.2.1.2  Assessment criteria: Recreation and open space zone code

Performance Outcomes Acceptable Outcomes
For assessable development
PO1
Buildings and other works are consistent with the scale of buildings in the area and do not adversely impact on the visual amenity of the area.
AO1
A building or other structure does not exceed 4.5m in height.
PO2
The extent of built form and site cover is minimised to maintain the open space character, amenity and utility of land in the zone.
AO2
Development has a maximum total site cover of 10% with any single building or structure not exceeding 1,000m2 site cover.
PO2
Development is compatible with the environmental, open space and recreation values of the zone (including important protected areas of ecological significance).
AO2
No Acceptable outcome provided.

PO3
There are no significant adverse impacts on amenity, public health or safety resulting from:

  1. the siting, scale and design of buildings or other works;
  2. waste water disposal;
  3. permanent or temporary occupation of or access to areas subject to natural hazards.
AO3
No Acceptable outcome provided.

PO4
Non-recreational uses only occur where:

  1. they directly support the primary function of the site or are a compatible community-related activity; and
  2. have a built form that is limited in scale and extent.
AO4
No Acceptable outcome provided.
PO5
Development does not impede public access to and use of facilities.
AO5
No Acceptable outcome provided.
PO6
Landscaping is provided to enhance the appearance of the development and assist in its integration with the open space setting.
AO6
No Acceptable outcome provided.

 

6.2.2  Rural zone code

This code applies to development where the code is identified as applicable in a table of assessment.

6.2.2.1  Purpose

The purpose of the rural zone code is to:

  1. ensure the productive capacity of agricultural and associated rural industries that rely on Agricultural Land (AL) identified as AL Class A or B as shown on SPP mapping  –Economic Growth, Agriculture is maximised and maintained while protecting biodiversity values and also allowing for farm diversification and value adding industries to occur in the rural area;
  2. maintain the character and amenity of the rural and natural environment
  3. encourage tourism development where it  can value-add to the viability of rural enterprises, does not diminish biodiversity values and avoids impacts of flooding and bushfire;
  4. ensure that the stock route network is maintained and protected from development; and
  5. ensure development protects extractive industry or potential resource sites for future development from encroachment by proposed rural uses which might jeopardize the extractive resource operation, and, also protects existing rural uses from impacts of proposed extractive industry and associated activities.

The purpose of the code will be achieved through the following outcomes:

  1. the zone primarily accommodates grazing and value-adding rural uses where they do not conflict with petroleum leases or facilities or stock routes;
  2. new small-scale tourist developments are accommodated where they:
    1. are associated with and do not threaten the viability of existing rural uses;
    2. assist with maintaining the viability of existing  rural production enterprises;
    3. support and add to the quality of experiences on the Natural Sciences Loop; and
    4. protect extractive resources of local and state significance and operating extractive industry from encroachment by incompatible uses;
    5. protect established rural uses from the adverse amenity and safety impacts of proposed extractive industry;
  3. new extractive activities are established only where they do not impact on the viability of existing agricultural, residential and tourist uses;
  4. biodiversity values and ecological connectivity are protected and maintained;
  5. development is serviced with infrastructure including formal road access, and is appropriate for the level of risk associated with any flood and bushfire hazard;
  6. The character and landscape of all rural land are maintained;
  7. development is serviced with infrastructure including formal road access, and is appropriate for the level of risk associated with any flood and bushfire hazard; and
  8. adequate separation and buffering is provided by new development in nearby urban or rural residential zoned land to ensure the encroachment by more intensive residential and other sensitive uses is avoided.

6.2.2.2  Assessment criteria: Rural zone code

Performance Outcomes Acceptable Outcomes
For assessable development
PO1
Uses established in the Rural zone do not conflict with existing rural land uses or the natural, scenic and community values of the area.  New uses maintain the long term production values of the land for rural purposes.
AO1
No Acceptable outcome provided.
PO2
Uses established in the Rural zone do not conflict with:
  1. petroleum infrastructure that occurs on petroleum leases or under petroleum facility licences and pipeline licences;
  2. the function of stock routes.
AO2
Development is not located within the pipeline easement and land uses must not interfere with pipeline function
 
Editors note:  No Acceptable outcome is provided for use of lots fronting the stock route network on SPP Mapping – Agriculture, Stock Route Network
PO3
Tourist uses support the primary rural activities on the site are limited in scale and do not to threaten the viability of traditional rural uses.
AO3
No Acceptable outcome provided.
PO4
New development does not jeopardize existing or potential extractive industry, mining operations or other rural activities.
AO4
Residential and other sensitive uses are separated from:
  1. an existing or approved intensive animal industry use by at least 1,000m;
  2. an existing or approved extractive industry operation by:
    1. 1,000m from a hard rock extractive industry;
    2. 200m from a sand and gravel extractive industry; and
    3. 250m from a haul route used by any existing operation.
PO5

Extractive industry is adequately separated from sensitive uses to minimise potential for nuisance or complaint.

AO5
New extractive uses and activities are not established within 1,000m of existing rural, residential or tourist uses.
PO6
The transportation of extracted resources associated with extractive industry does not compromise rural amenity or adversely impact on sensitive land uses.
AO6
New extractive Industry does not involve the transportation of extracted resources along a transport route (excluding the State and major road network identified in Schedule 2) that is within 250m of a building used for a sensitive land use.
PO7
Development is connected to an appropriate level of infrastructure services.
AO7.1
Development has formal and safe access to the existing road network.
AO7.2
Development is connected to a reticulated water supply and sewerage system, or alternatively an on-site water storage and a waste disposal system is provided which does not overflow to adjoining properties or detract from environmental values.
AO7.3
The development is connected to electricity and telecommunications.

 

6.2.3  Rural residential zone code

This code applies to development where the code is identified as applicable in a table of assessment.

6.2.3.1  Purpose

The purpose of the code is to provide for:

  1. residential development on large lots set in a pleasant, semi-rural setting, which is connected to council’s water supply; and
  2. small scale activities which support economic development and which remain ancillary to the primary residential use; and
  3. ensure development maintains the character and amenity of the rural residential locality.

The purpose of the zone will be achieved through the following overall outcomes:

  1. the zone primarily accommodates dwelling houses on large lots and ancillary structures including small sheds;
  2. the zone accommodates a single tourist accommodation in the form of a caravan park where it appropriately integrates with the surrounding character and natural hazard constraints;
  3. the zone appropriately responds to the risk from flooding by ensuring that no further subdivision occurs;
  4. home-based businesses may be appropriate where they do not detract from the primary residential function and amenity of the area or impact on neighbours, having regard to noise, odour, dust and other impacts; and
  5. development does not diminish water quality and does not intensify impacts on other environmental values including remaining areas of ecological significance within the zone.

6.2.3.2  Assessment criteria: Rural residential zone code

Performance Outcomes Acceptable Outcomes
For assessable development
PO1
New development is located and designed to contribute to the residential amenity and character of the area.
AO1
No Acceptable outcome provided.
PO2
Non-residential uses do not have an unacceptable impact on residential uses.

AO2.1
Development for a non-residential use does not involve an Environmentally Relevant Activity.

AO2.2
Development for a non-residential use demonstrates there are no adverse impacts on sensitive land uses in the zone with regard to noise, dust, vibration, light, or odour.

PO3
The traffic generated by a use other than a residential use does not significantly increase the traffic that could normally be expected in the locality.
AO3
The traffic generated by a non-residential use does not involve:
  1. more than two truck movements per day;  and
  2. vehicles with a gross vehicle mass greater than 42 tonnes.
PO4
Tourist accommodation in the form of a caravan park is provided in a location where serviced with existing infrastructure, and where it:
  1. is complementary to the existing character of the area;
  2. does not have an adverse impact on residential amenity; and
  3. contributes to the quality and diversity of accommodation experiences available within the area.
AO4
No Acceptable outcome provided.

 

6.2.4  Township zone code

This code applies to development where the code is identified as applicable in a table of assessment.

6.2.4.1  Purpose

The purpose of this code is to:

Provide for the urban development of the towns and villages of the Shire as community and service centres. Development located in this zone provides for a mix of uses which support the needs of the local rural community. The Township zone provisions aim to:

  1. maintain the character and amenity of Burketown and Gregory;
  2. provide for the continuation of existing infrastructure and community uses such as schools, halls and recreation facilities;
  3. allow for tourist uses where these can be successfully integrated into the character and fabric of the town;
  4. ensure that development provides an appropriate level of infrastructure; and
  5. facilitate economic development in commercial and industrial precincts by:
    1. promoting re-use of existing buildings in commercial areas; and
    2. providing for a wide range of industrial uses where they don’t conflict with sensitive uses.

The purpose of the code will be achieved through the following outcomes:

  1. a range of uses including residential, retail, business, education, industrial, community purpose, tourist facilities, recreation and open space are supported in the zone where they are located in the appropriate zone precinct (where appropriate) and do not impact on neighbouring uses;
  2. development is connected to and serviced by Council infrastructure where infrastructure exists;
  3. development with no access to Council infrastructure is provided with a suitable level of infrastructure to meet its needs;
  4. residential uses are protected from non-residential uses by buffering and design techniques that limit the impacts of non-residential uses; and
  5. development is located in areas that are flood protected and where bushfire hazard risk is low.

The purpose of the zone will also be achieved through the following additional overall outcomes for particular precincts:

  1. Commercial precinct:
    1. This precinct promotes the commercial, professional, government and retail uses that service the Shire and North West Queensland, which are consolidated in the Burketown central business district.
    2. New developments create a highly attractive and permeable pedestrian-based built form that achieves a high standard of design and blends with the existing town character and streetscape.
    3. New commercial buildings make provision for on-site handling of goods, car parking for staff and clients, landscaping and shade areas in keeping with the existing streetscape.
    4. New business are encouraged to use existing buildings to help keep the commercial precinct vibrant.
  2. Residential precinct:
    1. This precinct supports predominantly dwelling houses on residential lots where lot size is consistent with traditional character.
    2. Non-residential development may be supported where uses directly support the day to day needs of the immediate residential community, do not detract from the residential amenity of the area, and do not undermine the viability of the nearby Commercial precinct.
    3. Residential dwelling choices are provided in the zone including dual occupancy, multiple dwelling, and retirement housing.  These are established in locations with appropriate access to infrastructure and facilities, where the design complements the existing urban character, and where the density of development is generally consistent with the density achieved through existing residential development in the zone.
    4. Development provides a high level of amenity through a compatible mixing of land uses, activities and building forms, access to services and facilities, cohesive streetscapes and quality urban design.
  3. Industry precinct:
    1. This precinct enables the establishment of a wide range of industries in a manner compatible with the scale and character of the area.
    2. Industries are established and consolidated in this precinct to minimise potential conflict with nearby sensitive land uses.
    3. Industries manage impacts to acceptable levels to maintain acceptable levels of amenity to sensitive uses.
    4. The location of industrial development does not compromise the safety or efficiency of the local and state-controlled road and rail systems.
    5. Non-resident workforce accommodation can be established on green field industrial areas away from sensitive existing uses, where it does not alienate potential industrial land in the long term.

6.2.4.2  Assessment criteria: Township zone code

Performance Outcomes Acceptable Outcomes
For self-assessable development
Community Residence
PO1
Development contributes positively to the character an amenity of the area.
AO1.1
The maximum number of residents is seven (7).
AO1.2
One (1) support worker is permitted to reside on the premises at any time.
AO1.3
The maximum number of support workers attending any daytime activity shall not exceed seven people over a 24 hour period.
AO1.4
Resident and visitor parking is provided on site for a minimum of two (2) vehicles. One (1) vehicle space must be dedicated for parking support services.
For assessable development
General
PO2
Development is consistent with the existing built form in terms of size, design, siting and physical characteristics. The appearance and siting of buildings, other structures, car parking areas or signage is compatible with the local streetscape character, the style and design of nearby buildings, and is respectful and sympathetic to any heritage place identified in the SPP mapping – Environment, Cultural heritage.
AO2
No Acceptable outcome provided.

PO3
Development with frontage to a highway must have safe access points that do not adversely impact on the safety and efficiency of the road.

AO3
No Acceptable outcome provided.
PO4
Commercial and industrial uses that support and service the residential areas are centrally located where they can be conveniently and safely accessed without having an adverse impact on residential amenity.
AO4
No Acceptable outcome provided.
PO5
Industrial land uses are protected from encroachment by incompatible land uses.
AO5
Sensitive land uses do not compromise the viability of existing or future industrial, major recreational, extractive, hazardous or intensive animal industries land uses and are not located within close proximity to waste and sewage treatment plants.
Commercial precinct
PO6
The character of the Commercial precinct is enhanced by the design of new buildings that are sympathetic to traditional streetscapes, in terms of scale, siting, architectural elements such as awnings and building features.
AO6.1
Buildings and structures are no higher than two (2) storeys or 8m above the natural ground level.
AO6.2
Site cover of buildings does not exceed 85% of the site area, with the remainder to be used for landscaping, access and car parking areas.
AO6.3
Buildings provide for tenancies fronting the street frontage and entrances to buildings face the street.
AO6.4
Buildings are built to the street frontage and provide an awning over the full width of the footpath.
AO6.5
At the ground storey, a minimum of 65% of building frontage is provided as predominantly transparent windows or glazed doors and a maximum of 35% as solid façade.
PO7
Hours of operation are consistent with maintaining a reasonable level of amenity for nearby land in a residential precinct.
AO7
Hours of operation are limited to 6am to 10pm.
PO8
New buildings maintain and enhance the existing streetscape and relationship with adjoining buildings.
AO8
Footpaths and awnings contribute towards the street frontage, complement adjacent styles and materials, and join at the same or similar levels.
PO9
Where provided, outdoor lighting does not adversely affect the amenity of adjoining properties to create a traffic hazard on adjacent roads.
AO9.1
Light emanating from any source complies with Australian Standard AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
AO9.2
Outdoor lighting is provided in accordance with Australian Standard AS 1158.1.1 – Road Lighting – Vehicular Traffic (Category V) Lighting – Performance and Installation Design Requirement.
PO10
Waste disposal and servicing areas are screened from public view and do not have adverse amenity impacts on adjoining properties.
AO10
No Acceptable outcome provided.
PO11
Development is designed and located so that adverse impacts on privacy and amenity on nearby land in a residential zone are minimised.
AO11.1
Buildings are set back 2m from any boundary shared with a residential zone, or half the height of that part of the building, whichever is the greater.
AO11.2
A 1.8m high solid screen fence is provided along all boundaries shared with a residential zone.
AO11.3
Windows that have a direct view into an adjoining residential use are provided with fixed screening that is a maximum of 50% transparent to obscure views and maintain privacy for residents.
PO12
New uses developed in the precinct do not detract from the precinct’s predominant commercial nature.
AO12
No Acceptable outcome provided.
Residential precinct
PO13
Buildings and other structures are consistent with the dominant density, type and scale of development in the residential area.
AO13
Buildings are no higher than 2 storey or 8m above the natural ground level.
PO14
Dual occupancies and Multiple Dwellings are located on appropriately sized lots to maintain a consistent scale, density and character that is complementary and compatible with the surrounding residential area and avoids impacts on the visual amenity of the streetscape and surrounding area.
AO14
Dual occupancies and Multiple dwellings are located on a site with an area of at least 1,000m²
PO15
Multiple dwellings and retirement housing is of a scale, density and character that is complementary and compatible with the surrounding residential area.
AO15

The number of dwellings contained in a multiple dwellings and retirement housing is calculated as follows:

  1. One bedroom units per 350m² of site area; and
  2. Units comprising more than one bedroom per 400m² of site area.
PO16
Where adjoining a residential use non-residential uses are located and designed to avoid impacts on existing levels of residential amenity including privacy, safety, noise, odour and fumes, lighting and traffic generation.
AO16
No Acceptable outcome provided.
PO17
Non-residential uses protect and maintain the privacy of adjoining residential uses.
AO17
Non-residential uses are designed and oriented to avoid overlooking of habitable room windows or private outdoor recreation areas of any adjoining residential use.  Screening is provided where any direct views are available.
PO18
Non-residential uses are compatible with, and complementary to, the existing residential uses.
AO18.1
A non-residential use does not involve an Environmentally Relevant Activity.
AO18.2
Development for a non-residential uses demonstrates there are no adverse impacts on adjoining residences with regard to noise, dust, vibration, light, or odour.
Industrial precinct
PO19
Industrial development does not result in sensitive land uses located outside of the industrial precinct being affected by industrial air, noise and odour emissions.
AO19
No Acceptable outcome provided.
PO20
Uses, other than industrial uses, such as food and drink outlets are consistent with and make a positive contribution to the economy and character of the industrial precinct, and do not detract from the commercial precinct as being the primary location for commercial development.
AO20
No Acceptable outcome provided.
PO21
Sensitive land uses (other than Caretaker’s accommodation) are not established within or adjacent to the industrial precinct.
AO21
No Acceptable outcome provided.
PO22

Adverse impacts on the health, safety or amenity of nearby residential zoned land or other sensitive land uses are minimised.

Editor’s note—Applicants should have regard to relevant legislative, industry and licensing requirements.

AO22.1
Development achieves the noise generation levels set out in the Environmental Protection (Noise) Policy 2008.
AO22.2
Development achieves the air quality objectives set out in the Environmental Protection (Air) Policy 2008.
PO23
Development does not compromise the viability of the primary use of the site.
AO23
No more than one (1) caretaker’s accommodation dwelling is established on the site.
PO24
Development is designed and managed so that it provides appropriate protection for community health and safety, and avoids unacceptable risk to life and property
AO24
No Acceptable outcome provided.

 

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