division 12 - waterways, wetlands and moreton bay overlay · page 2 - part 5 - overlays, division...

RPS V7.2 - 2018 Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay -

Division 12 - Waterways, Wetlands and Moreton Bay Overlay

5.12.1 Introduction (1) This division contains the provisions for the Waterways, Wetlands and Moreton Bay Overlay. They

are -

(a) The Waterways, Wetlands and Moreton Bay Overlay - Tables of Assessment, that incorporates - (i) Levels of assessment for development in the Waterways, Wetlands and Moreton Bay

Overlay (section 5.12.2); (ii) Assessment criteria for development in the Waterways, Wetlands and Moreton Bay

Overlay (section 5.12.3); (iii) Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Material

Change of Use of Premises (section 5.12.4); (iv) Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Other

Development not associated with a Material Change of Use of Premises (section 5.12.5).

(b) The Waterways, Wetlands and Moreton Bay Overlay Code, that incorporates - (i) Compliance with the Waterways, Wetlands and Moreton Bay Overlay Code (section

5.12.6); (ii) Overall Outcomes for the Waterways, Wetlands and Moreton Bay Overlay Code (section

5.12.7); (iii) Acceptable Solutions applicable to Self-Assessable Development (section 5.12.8) (iv) Specific Outcomes and Probable Solutions applicable to Assessable Development

(section 5.12.9).

5.12.2 Levels of assessment for development affected by the Waterways, Wetlands and Moreton Bay Overlay

(2) Sections 5.12.4 and 5.12.5 identify the level of assessment for development affected by the

Waterways, Wetlands and Moreton Bay Overlay, as follows -

(a) section 5.12.4 Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Making a Material Change of Use of Premises - (i) column 1 identifies uses that are exempt, self assessable or assessable; (ii) column 2 identifies the level of assessment for the uses listed in column 1; (iii) where the use is defined in Part 9 - Schedule 3 - Dictionary, Division 1 - Uses and is not

listed in column 1 it is exempt; (iv) where the use is not defined in Part 9 - Schedule 3 - Dictionary, Division 1 - Uses and is

not listed in column 1 it is code assessable.

(b) section 5.12.5 Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Other Development not associated with a Material Change of Use of Premises - (i) column 1 identifies other development that is exempt, self assessable or assessable; (ii) column 2 identifies the level of assessment for other development listed in column 1; (iii) where the other development is not listed in column 1 it is exempt.

(3) Other overlays may alter the level of assessment identified in 1(a) and (b)

5.58.

5.58

Refer to Part 5 - Overlays to determine the level of assessment for the use or other development where another overlay affects the lot and Part 1 - section 1.2.5(10)(f) that explains how the highest level of assessment applies.

- Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay RPS V7.2 - 2018

5.12.3 Assessment criteria for development in the Waterways, Wetlands and Moreton Bay Overlay

(1) Development affected by the Waterways, Wetlands and Moreton Bay Overlay is assessed against

the assessment criteria listed in column 3 of sections 5.12.4 and 5.12.5, as follows -

(a) acceptable solutions in section 5.12.8 of the Waterways, Wetlands and Moreton Bay Overlay Code for self-assessable development; or

(b) specific outcomes in section 5.12.9 of the Waterways, Wetlands and Moreton Bay Overlay

Code for assessable development. (2) Self-assessable development that does not comply with all the acceptable solutions in section

5.12.8 of the Waterways, Wetlands and Moreton Bay Overlay Code is assessable development.


5.12.4 Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Material Change of Use of Premises

Waterways, Wetlands and Moreton Bay Overlay -

Table of Assessment for Material Change of Use of Premises

column 1 column 2 column 3

Use5.59

Level of Assessment5.60

Assessment Criteria

� Bulky Goods Showroom

� Car Wash Facility � Commercial Office � Display and Sale

Activity � Funeral Parlour � Garden Centre � General Industry � Health Care Centre � Landscape Supply

Depot � Place of Worship � Produce Store � Refreshment

Establishment � Retail Warehouse � Service Industry � Service Station � Shop � Vehicle Depot � Vehicle Repair

Premises � Veterinary Surgery � Warehouse

Exempt If - � A tenancy change only; � Involving only minor

building work to an existing building

Code Assessable If not Exempt

� Waterways, Wetlands and

Moreton Bay Overlay Code

� Bed and Breakfast � Dwelling House � Home Business � Park

Self-Assessable If complying with the assessment criteria being the acceptable solutions listed in column 3

Code Assessable If not self-assessable

� Acceptable Solutions in section 5.12.8 of the Waterways, Wetlands and Moreton Bay Overlay Code



� Aged Persons and Special Needs Housing

� Agriculture � Airport � Animal Keeping � Apartment Building � Brothel � Cemetery � Child Care Centre � Community Facility � Drive Through

Restaurant � Dual Occupancy � Education Facility � Emergency Services

Code Assessable

� Waterways, Wetlands and Moreton Bay Overlay Code

5.59

See Part 9 - Schedule 3 - Dictionary, Division 1 - Uses for defined used. 5.60

See Part 9 - Schedule 3 - Dictionary, Division 2 - Administrative Terms for a definition of level of assessment.


Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Material Change of Use of Premises


Use5.59

Level of Assessment5.60

Assessment Criteria

Continued - � Estate Sales Office � Extractive Industry � Forestry � Heavy Industry � Hospital � Hotel � Indoor Recreation

Facility � Institution � Intensive Agriculture � Marine Services � Mobile Home Park � Multiple Dwelling � Night Club � Outdoor Recreation

Facility � Passenger Terminal � Roadside Stall � Rural Enterprise � Telecommunications

Facility � Tourist

Accommodation � Tourist Park � Utility Installation � Vehicle Parking

Station

Code Assessable



Defined uses not listed in column 1

Exempt

Uses not defined in Part 9 - Schedule 3 - Dictionary, Division 1 - Uses

Code Assessable � Waterways, Wetlands and



5.12.5 Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Other Development not associated with a Material Change of Use of Premises

Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Other

Development


Other Development Level of Assessment5.61

Assessment Criteria

Reconfiguration for -

� Creating lots by subdividing another lot by Standard Format Plan

5.62

� Rearranging the boundaries of a lot by registering a plan of subdivision; or

� Dividing land into parts by Agreement; or

� Creating an easement giving access to a lot from a constructed road



Building Work for -

� Domestic Outbuilding � Private Tennis Court

Self-Assessable If complying with the assessment criteria being the acceptable solutions listed in column 3 Code Assessable If not self-assessable

� Acceptable Solutions in section 5.12.8 of the Waterways, Wetlands and Moreton Bay Overlay Code



Operational Work for -

� Excavation and Fill

Code Assessable If not Exempt



� Private Waterfront Structure

� Operation Work for Reconfiguring a Lot (by Standard Format Plan)



5.61

See Part 9 - Schedule 3 - Dictionary, Division 2 - Administrative Terms for a definition of level of assessment. 5.62

Whether or not having a Community Management Statement.


Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Other Development


Other Development Level of Assessment5.61

Assessment Criteria

All other development not listed in column 1

Exempt


5.12.6 Compliance with the Waterways, Wetlands and Moreton Bay Code (1) Development that is consistent with the following complies with the Waterways, Wetlands and

Moreton Bay Overlay Code -

(a) acceptable solutions in section 5.12.8 where self-assessable development; or

(b) specific outcomes in section 5.12.9 where assessable development. Note - The following planning scheme policies will assist in achieving specific outcomes within the Waterways, Wetlands and Moreton Bay Overlay Code - � Planning Scheme Policy 4 - Ecological Impact; � Planning Scheme Policy 14 - Waterways, Wetlands and Moreton Bay.

5.12.7 Overall Outcomes of the Waterways, Wetlands and Moreton Bay Overlay Code

(1) The overall outcomes are the purpose of the Waterways, Wetlands and Moreton Bay Overlay

Code. (2) The overall outcomes sought for the Waterways, Wetlands and Moreton Bay Overlay Code are

the following -

(a) uses and other development protect, enhance, manage and minimise impacts on the environmental values of waterways, wetlands, coastal drainage areas, Moreton Bay and natural drainage lines and their associated ecological, recreation, economic and scenic values by -

(i) maintaining and enhancing the hydrological function of waterway corridors and the City’s

water cycle as a whole; (ii) retaining habitat links; (iii) protecting marine, tidal and riparian vegetation; (iv) retaining access for maintenance purposes; (v) maintaining and enhancing water quality and hydrological balance; (vi) retaining biodiversity; (vii) retaining bank stability; (viii) providing public access to open space where under local government ownership or

control.


5.12.8 Acceptable Solutions applicable to Self-Assessable Development

Self-Assessable Development

Acceptable Solutions

A1. Uses and other development are located outside the area shown on the overlay map.

5.12.9 Specific Outcomes and Probable Solutions applicable to Assessable Development

Assessable Development

Specific Outcomes Probable Solutions Where proposed on a lot or premises

affected by a major waterway, minor waterway, freshwater wetland, Moreton Bay foreshore buffer or waterway or wetland buffer on this overlay map –

S1.1 (1) Uses and other development are located outside the area shown on the overlay map; or

Note - Compliance with S1.1(1) achieves compliance with this Code.

P1.1 (1) No probable solution identified; or

(2) Uses and other development protect and minimise impacts on environmental values and associated ecological, recreation, economic and scenic values by - (a) providing buffers in the form of

riparian vegetation; (b) providing separation by way of

distance between the development and the vegetated buffers;

(c) ensuring stormwater run-off is treated within the premises to maintain or enhance water quality of receiving waters;

(d) utilising a range of source, conveyance and discharge mechanisms, such as stormwater storage systems, retention trenches, detention basins, or constructed wetlands to re-use and reduce stormwater run-off volumes, peaks and velocity;

(e) ensuring stormwater discharge is dispersed naturally to minimise erosion impacts;

(f) maximising the use of permeable surfaces to allow infiltration of stormwater run-

(2) Protect and minimise impacts on the identified environmental values and associated ecological, recreation, economic and scenic values by - (a) providing vegetated buffers in

accordance with Table 1 - Minimum Buffer Distances and Vegetation Requirements;

(b) utilising native plants listed in the Vegetation Enhancement Strategy as being suitable to the area;

(c) incorporating methods other than direct piping of stormwater to receiving waters to - (i) reduce velocity and quantity

of stormwater run-off unless identified as part of a regional solution in Part 10 – Priority Infrastructure Plan,

(ii) enhance water quality at the point of discharge;

(iii) minimise erosion impacts; (iv) maximise permeable

surfaces; (d) incorporate water collection

devices that allow for the re-use of run-off, such as rainwater



Specific Outcomes Probable Solutions off;

(g) maintaining stability of bed and banks of waterways and the foreshore of Moreton Bay;

(h) enhancing biodiversity of marine, tidal and riparian habitat.

tanks fitted with a first flush system;

(e) ensure stormwater leaving the premises complies with the water quality objectives listed in Part 9 - Schedule 11 - Water Quality Objectives unless identified as part of a regional solution in Part 10 – Priority Infrastructure Plan.

Note - � Refer to Part 9 - Schedule 11 -

Water Quality Objectives to determine the identified environmental values.

� Refer to Part 8 - Division 9 -

Stormwater Management for mechanisms to address water quality and stormwater run-off.

S1.2 (1) Degraded, cleared or otherwise

disturbed waterways, wetlands and the foreshore of Moreton Bay are rehabilitated, re-vegetated and stabilised in conjunction with use or other development by incorporating - (a) direct restoration including

associated bank and in-stream vegetation;

(b) protection or enhancement of significant habitat for migratory birds, including areas subject to conservation agreements such as JAMBA, CAMBA and Ramsar and other water dependant fauna species;

(c) weed management strategies; (d) access management; (e) replanting of native species so

as to achieve a vegetation density and structure compatible with adjacent undisturbed areas.

P1.2 (1) Rehabilitation, re-vegetation and stabilisation includes - (a) fully vegetated core and

foreshore riparian areas and partially vegetation outer riparian areas in accordance with Table 1 - Minimum Buffer Distances and Vegetation Requirements;

(b) incorporate native species identified in the Vegetation Enhancement Strategy as being suited to the local area;

(c) where remnant vegetation exists retain and enhance the existing vegetation to meet the above requirements;

(d) remove weed species identified in the Vegetation Enhancement Strategy from within the riparian area;

(e) where a minor waterway, select species that at maturity will provide 70 percent canopy coverage of the waterway. Refer to Diagram 3.

S1.3 (1) Uses and other development within the core and outer riparian, or foreshore buffer areas is limited to that necessary to - (a) achieve desired water quality

objectives; (b) provide passive recreational

opportunities; (c) allow low-impact access and

P1.3 (1) Uses and other development - (a) in the outer riparian area are

limited to - (i) low-impact pedestrian and

cycle paths; (ii) BBQ facilities, tables,

seating and shelters; (iii) stormwater quality

improvement devices, such



Specific Outcomes Probable Solutions access for maintenance purposes.

as constructed wetlands and natural drainage design unless identified as part of a regional solution in Part 10 – Priority Infrastructure Plan;

(b) do not occur in the core riparian area.

S1.4 (1) Retain or restore in-stream habitat values through the enhancement or reinstatement of habitat features.

P1.4 (1) No probable solution identified. Note - The incorporation of features such as fallen logs, rocks, bank overhangs, trailing vegetation, among others will assist in replicating natural in-stream habitat values.

Where proposed on a lot or premises affected by a natural drainage line on this overlay map -

S2. (1) Development should occur outside

the natural drainage line buffer zone, unless it can be demonstrated that an alternative buffer zone will not reduce the hydrological function of the corridor;

(2) Retain the drainage line in its natural state and provide sufficient buffers to protect the drainage line;

(3) Where degraded, enhance the natural drainage line through stabilisation, re-vegetation and stormwater quality improvement devices that recognise the function of the natural drainage line.

P2. (1) Development can only occur outside the natural drainage buffer area, which is no less than 10 metres from the natural drainage center line;

(2) No probable solution identified.

(3) Unless identified as part of a

regional solution in Part 10 – Priority Infrastructure Plan

Where proposed on a lot or premises affected by the coastal drainage area on this overlay map -

S3. (1) Uses and other development minimise impacts on environmental values and associated ecological, recreation, economic and scenic values by - (a) providing buffers in the form of

riparian vegetation; (b) providing separation by way of

distance between the development and the vegetated buffers;

(c) ensuring stormwater run-off is treated within the premises to maintain or enhance water quality of receiving waters;

P3. (1) Minimise impacts on the identified environmental values and associated ecological, recreation, economic and scenic values by - (a) providing vegetated buffers in

accordance with Table 1 - Minimum Buffer Distances and Vegetation Requirements;

(b) utilising native plants listed in the Vegetation Enhancement Strategy as being suitable to the area.



Specific Outcomes Probable Solutions (d) enhancing biodiversity of

marine, tidal and riparian habitat.


Table 1 - Minimum Buffer Distances and Re-vegetation Requirements

Waterway Category

Buffer Requirements

Riparian Vegetation Requirements

Core and Foreshore

Outer

Major Waterway

(1) 100 metres measured from top bank, except where there is- (a) tidal influence (See Note 1), in which case

100 metres from the line of Highest Astronomical Tide (HAT) or the top of the bank whichever is the greater; or

(b) no definable bank, in which case 100 metres measured from the mid point between the 1 percent AEP (100 year ARI) lines on both sides of the waterway as illustrated in Diagram 1 - Determining Buffer Distances Where No Definable Bank.

40 metres 60 metres

Freshwater Wetland - See Note 2

100 metres measured from the 1 percent AEP (100 year ARI) line.

40 metres 60 metres

Tingalpa Reservoir

150 metres measured from the high water level. 40 metres 110 metres

Minor Waterway

(1) 60 metres measured from the top of bank, except where there is - (a) no definable bank, in which case 100

metres measured from the mid point between the 1 percent AEP (100 year ARI) lines on both sides of the waterway as illustrated in Diagram 1 - Determining Buffer Distances Where No Definable Bank.

40 metres 20 metres

Moreton Bay Foreshore - See Note 3

100 metres measured from Highest Astronomical Tide (HAT).

40 metres 60 metres

Coastal Drainage Area

5 metres the location of which is determined on an individual basis.

5 metres in total

Natural Drainage Line

10 metres measured from the centre of the natural drainage line.

20m in total

Note 1 - Tidal influence points and buffer areas are identified on the Waterways, Wetlands and Moreton Bay

Overlay Map. Note 2 - Freshwater Wetlands include -

� Black Swamp Wetlands, Cleveland; � Tarradarrapin Wetlands, Birkdale; and � Egret Colony Wetlands, Victoria Point.

Note 3 - For foreshore areas of Moreton Bay, soft foreshore treatments, such as beaches, vegetation or natural

design revetments are used. Sea walls or the like are not preferred. Note 4 - Development within the coastal management district (erosion prone land) in the case of a tidal drain or

waterway, must be in accordance with the Coastal Protection and Management Act 1995


Diagram 1 - Determining Buffer Distances Where No Definable Bank

Where no definable bank exists,waterway buffer distances are measured from themid point of the 1 percent AEP Lines.

1 percent AEP 1 percent AEP

Diagram 2 - Major Waterway and Wetland Buffers

Weed ControlRequired

Bank Stability

In - Stream Habitat

Ecosystem Processes

60 metres fromCore Riparian Area

Core Riparian Area40 metres from

Top of BankOuter Riparian Area


Top of Bank 60 metres fromCore Riparian Area

Outer Riparian Area


Diagram 3 - Minor Waterway Buffers

In - Stream Habitat

Ecosystem Processes

20 metres from CoreRiparian Area


Top of Bank

Outer Riparian Area

Minimum 70 PercentPercent Canopy Cover


Top of Bank 20 metres from CoreRiparian Area

Outer Riparian Area

Weed ControlRequired

Bank Stability

division 12 - waterways, wetlands and moreton bay overlay · page 2 - part 5 - overlays, division...

Documents