division 12 - waterways, wetlands and moreton bay overlay · page 2 - part 5 - overlays, division...
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RPS V7.2 - 2018 Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay - Page 1
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.
Page 2 - 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.
RPS V7.2 - 2018 Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay - Page 3
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
� 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.
Page 4 - Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay RPS V7.2 - 2018
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
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
� Waterways, Wetlands and
Moreton Bay Overlay Code
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
Moreton Bay Overlay Code
RPS V7.2 - 2018 Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay - Page 5
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
column 1 column 2 column 3
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
Code Assessable � Waterways, Wetlands and
Moreton Bay Overlay Code
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
� Waterways, Wetlands and
Moreton Bay Overlay Code
Operational Work for -
� Excavation and Fill
Code Assessable If not Exempt
� Waterways, Wetlands and
Moreton Bay Overlay Code
� Private Waterfront Structure
� Operation Work for Reconfiguring a Lot (by Standard Format Plan)
Code Assessable � Waterways, Wetlands and
Moreton Bay Overlay Code
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.
Page 6 - Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay RPS V7.2 - 2018
Waterways, Wetlands and Moreton Bay Overlay - Table of Assessment for Other Development
column 1 column 2 column 3
Other Development Level of Assessment5.61
Assessment Criteria
All other development not listed in column 1
Exempt
RPS V7.2 - 2018 Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay - Page 7
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.
Page 8 - Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay RPS V7.2 - 2018
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
RPS V7.2 - 2018 Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay - Page 9
Assessable Development
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
Page 10 - Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay RPS V7.2 - 2018
Assessable Development
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.
RPS V7.2 - 2018 Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay - Page 11
Assessable Development
Specific Outcomes Probable Solutions (d) enhancing biodiversity of
marine, tidal and riparian habitat.
Page 12 - Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay RPS V7.2 - 2018
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
RPS V7.2 - 2018 Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay - Page 13
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
Core Riparian Area40 metres from
Top of Bank 60 metres fromCore Riparian Area
Outer Riparian Area
Page 14 - Part 5 - Overlays, Division 12 - Waterways, Wetlands and Moreton Bay Overlay RPS V7.2 - 2018
Diagram 3 - Minor Waterway Buffers
In - Stream Habitat
Ecosystem Processes
20 metres from CoreRiparian Area
Core Riparian Area40 metres from
Top of Bank
Outer Riparian Area
Minimum 70 PercentPercent Canopy Cover
Core Riparian Area40 metres from
Top of Bank 20 metres from CoreRiparian Area
Outer Riparian Area
Weed ControlRequired
Bank Stability