Version 2 - Current Planning Scheme

6.2.23 Rural residential

6.2.23.1 Application

This code applies to development where the code is identified as applicable in a table of assessment. When using this code, reference should be made to section 5.3.2 and where applicable, section 5.3.3 located in Part 5.

6.2.23.2 Purpose

The purpose of the rural residential zone code is to provide for:
1. Limited housing and lifestyle choices generally on the fringe of existing urban areas.
2. Development of large lots for residential development at a very low density.
3. A limited level of servicing that is less than that provided in urban areas.
The purpose of the zone will be achieved through the following overall outcomes:
1. Development of large residential lots with limited provision of infrastructure and services is facilitated.
2. Lot sizes are responsive to the localities prevailing lot size, topography, scenic amenity, bushfire risk, flooding and the existing level of water infrastructure. Areas without reticulated water are larger than serviced areas in order to facilitate on site servicing and firefighting arrangements.
3. Development provides a high level of residential amenity appropriate to the character of the particular rural residential zone.
4. Natural features such as creeks, gullies, waterways, wetlands and vegetation and bushland are retained, enhanced and buffered from the impacts of development. Any unavoidable impacts are minimised through location, design operation and management requirements.
5. Non–residential uses maybe appropriate where such uses provide for the day–to–day needs of the area or have a direct relationship to the land.
6. Development responds to land constraints, including but not limited to topography, bushfire and flooding.
The purpose of the zone will also be achieved through the following additional overall outcomes for particular precincts:
1. Bicentennial Drive Enterprise precinct:
  1. Supports a range of low impact business activities (not including shop, shopping centre or showroom), tourism uses and creative enterprises that operate on larger land parcels.
  2. Land use activities do not adversely affect the viability of the Agnes Water town centre.
  3. Development is able to function appropriately without reticulated water and sewerage infrastructure.
2. Beecher/Burua constant flow precinct:
  1. Development where creating new rural residential lots only occurs where suitable water pressure exists to cater for the proposed density and lots reflect the existing character of the area.
  2. Where it is determined that water pressure is at capacity, development creating new or infill lots is not supported for the life of the Planning scheme.

6.2.23.3 Assessment benchmarks

Table 6.2.23.3.1—Accepted development subject to requirements and assessable development

Performance outcomes	Acceptable outcomes
Use – Caretaker's accommodation
PO1 Development is ancillary to the primary use.	AO1.1 No more than 1 caretaker's accommodation unit is established on the site.
AO1.2 Caretaker's accommodation is a maximum of 100m2 GFA.
Use – Roadside stall
PO2 Roadside stalls are of a scale in keeping with the rural residential character of the area.	AO2.1 Structures associated with the use are limited to 30m2 GFA.
AO2.2 Structures associated with the use are setback: 0m from the front boundary and 3m from the side boundary for allotments greater than 2ha, or 5m from the front boundary and 3m from the side boundary for allotments less than 2ha.
Use – Sales office
PO3 The use does not adversely impact on the amenity of the surrounding land uses and local character.	AO3.1 Development of the sales office is in place for no more than two years.
AO3.2 The site coverage of the building is a maximum of 40% of the site area.
AO3.3 There are a maximum of 2 employees on site at any one time.
AO3.4 The use operates between 9am and 10pm Monday to Saturday and 9am and 1pm on Sunday.
Built form (if involving building work)
PO4 Buildings are designed and located so as not to adversely impact on the rural residential character of the area.	AO4 Building height does not exceed 8.5m.
PO5 Buildings and other structures are located on the site to: protect the amenity of residents and neighbours, and not impact on existing rural industries on neighbouring rural zoned land.	AO5 Buildings, other than a roadside stall, are setback a minimum of: 6m from the front boundary and 3m from the side boundaries for allotments greater than 2ha, or 5m front boundary and 3m side boundaries for allotments less than 2ha.
Residential density
PO6 Residential density reflects the very low intensity character of the locality.	AO6.1 Residential density is limited to one dwelling house per allotment including a secondary dwelling.
AO6.2 Where a dwelling house, any secondary dwelling is: a maximum of 80m2 GFA located within 50m of the main building linked to the main building by a defined footpath in the most direct route possible.
For all assessable development
Land use
PO7 Non–residential uses and are limited to those which: are subordinate to the primary residential use (where not in the Bicentennial Drive Enterprise precinct) and support the day to day needs of residents. do not impact on residential amenity are compatible with neighbouring rural uses are complementary to local character and amenity; and are home businesses, small scale tourist uses, low impact creative enterprises or small scale horticulture.	No acceptable outcome is nominated.
Community use
PO8 Development is located and designed on sites of sufficient size to minimise adverse impacts on: the amenity of the setting, in particular noise, odour and dust emissions the amenity of neighbours, and the safe and effective design capacity of the region's road system.	AO8.1 A minimum site area for a community use is 2ha.
AO8.2 Siting and layout of the community use includes: a total area of covered buildings and roof structures that is no greater than 10% of the site area, and no building or structure closer than 15m to any site boundary.
AO8.3 Buildings and structures associated with a community use only include: shelters toilets stands and/or grandstands kiosks hall/function area, or lighting.
AO8.4 Hours of operation are limited to between 7am and 10pm daily.
PO9 Development maintains a high level of amenity within the site and minimises impacts on surrounding areas, having regard to: traffic and parking visual impact signage access to sunlight privacy. Note—Applicants may be required to engage specialists to provide detailed investigations into the above matters in order to demonstrate compliance with this performance criterion.	No acceptable outcome is nominated.
Effects of development
PO10 Development responds sensitively to on–site and surrounding topography, drainage patterns, foreshore areas, utility services, access, vegetation and adjoining land uses, such that: any hazards to people or property are avoided any earthworks are minimised the retention of natural drainage lines is maximised the retention of existing vegetation is maximised damage or disruption to sewerage, stormwater and water infrastructure is avoided, and there is adequate buffering, screening or separation to adjoining development.	No acceptable outcome is nominated.
PO11 All uses: minimise noise, dust, odour or other nuisance from existing lawful uses including rural and industrial uses minimise nuisance caused by noise, vibration and dust emissions generated by the state–controlled road and rail network in the vicinity of land in the rural residential zone.	No acceptable outcome is nominated.
Use - Nature based tourism
PO12 Development protects environmental values and is of a scale and intensity that does not compromise the low density and environmental character of the locality.	AO12 Development does not exceed more than one guest per 1,000m2 of site area.
Where in the Bicentennial Drive Enterprise precinct
PO13 Non–residential uses: are limited in scale and consistent with local character do not adversely impact on adjoining residential uses and amenity.	AO13.1 Minimum site area is 1.5ha.
AO13.2 The total area of premises covered by buildings and roof structures is no greater than 40% of the site area.
AO13.3 No building, structure or activity area is closer than 10m to any site boundary.
AO13.4 Hours of operation are limited to between 7am and 6pm daily.
PO14 Non–residential uses do not: adversely affect the viability of the Agnes Water town centre, and include large format, land consumptive commercial uses.	AO14.1 GFA of the following uses does not exceed 250m2 for: agricultural supplies store bulk landscape supplies garden centre hardware and trade supplies service industry, and warehouse.
AO14.2 Any outdoor sales use does not exceed a development footprint of 500m2.
PO15 Where a Tourist park, development provides adequate separation, screening and buffering from any adjoining residential premises or residential zone so that residential privacy and amenity is not adversely affected.	AO15.1 Where a Tourist park and adjoining a residential use: a minimum side and rear boundary setback of 3m is required for any: ancillary kiosk or food and drink outlet premises site access points, and car parking areas. a minimum boundary setback of 10m is required for any: amenity buildings servicing or outdoor storage areas temporary structures including caravans and tents, and active outdoor use areas.
AO15.2 Where a Tourist park, any plant and air–conditioning equipment is screened from view of the road or adjoining residential activity.
Where in the Beecher/Burua constant flow precinct
PO16 Reconfigurations attain an overall lot yield commensurate with the capacity of the water infrastructure network.	AO16 Development complies with the Beecher/Burua constant precinct flow planning scheme policy.

Performance outcomes

Acceptable outcomes

Use – Caretaker's accommodation 

PO1

Development is ancillary to the primary use.

AO1.1

No more than 1 caretaker's accommodation unit is established on the site.

AO1.2

Caretaker's accommodation is a maximum of 100m2 GFA.

Use – Roadside stall 

PO2

Roadside stalls are of a scale in keeping with the rural residential character of the area.

AO2.1

Structures associated with the use are limited to 30m2 GFA.

AO2.2

Structures associated with the use are setback:

0m from the front boundary and 3m from the side boundary for allotments greater than 2ha, or
5m from the front boundary and 3m from the side boundary for allotments less than 2ha.

Use – Sales office 

PO3

The use does not adversely impact on the amenity of the surrounding land uses and local character.

AO3.1

Development of the sales office is in place for no more than two years.

AO3.2

The site coverage of the building is a maximum of 40% of the site area.

AO3.3

There are a maximum of 2 employees on site at any one time.

AO3.4

The use operates between 9am and 10pm Monday to Saturday and 9am and 1pm on Sunday.

Built form (if involving building work)

PO4

Buildings are designed and located so as not to adversely impact on the rural residential character of the area.

AO4

Building height does not exceed 8.5m.

PO5

Buildings and other structures are located on the site to:

protect the amenity of residents and neighbours, and
not impact on existing rural industries on neighbouring rural zoned land.

AO5

Buildings, other than a roadside stall, are setback a minimum of:

6m from the front boundary and 3m from the side boundaries for allotments greater than 2ha, or
5m front boundary and 3m side boundaries for allotments less than 2ha.

Residential density

PO6

Residential density reflects the very low intensity character of the locality.

AO6.1

Residential density is limited to one dwelling house per allotment including a secondary dwelling.

AO6.2

Where a dwelling house, any secondary dwelling is:

a maximum of 80m2 GFA
located within 50m of the main building
linked to the main building by a defined footpath in the most direct route possible.

For all assessable development

Land use

PO7

Non–residential uses and are limited to those which:

are subordinate to the primary residential use (where not in the Bicentennial Drive Enterprise precinct) and support the day to day needs of residents.
do not impact on residential amenity
are compatible with neighbouring rural uses
are complementary to local character and amenity; and
are home businesses, small scale tourist uses, low impact creative enterprises or small scale horticulture.

No acceptable outcome is nominated.

Community use

PO8

Development is located and designed on sites of sufficient size to minimise adverse impacts on:

the amenity of the setting, in particular noise, odour and dust emissions
the amenity of neighbours, and
the safe and effective design capacity of the region's road system.

AO8.1

A minimum site area for a community use is 2ha.

AO8.2

Siting and layout of the community use includes:

a total area of covered buildings and roof structures that is no greater than 10% of the site area, and
no building or structure closer than 15m to any site boundary.

AO8.3

Buildings and structures associated with a community use only include:

shelters
toilets
stands and/or grandstands
kiosks
hall/function area, or
lighting.

AO8.4 Hours of operation are limited to between 7am and 10pm daily.

PO9

Development maintains a high level of amenity within the site and minimises impacts on surrounding areas, having regard to:

traffic and parking
visual impact
signage
access to sunlight
privacy.

Note—Applicants may be required to engage specialists to provide detailed investigations into the above matters in order to demonstrate compliance with this performance criterion.

No acceptable outcome is nominated.

Effects of development

PO10

Development responds sensitively to on–site and surrounding topography, drainage patterns, foreshore areas, utility services, access, vegetation and adjoining land uses, such that:

any hazards to people or property are avoided
any earthworks are minimised
the retention of natural drainage lines is maximised
the retention of existing vegetation is maximised
damage or disruption to sewerage, stormwater and water infrastructure is avoided, and
there is adequate buffering, screening or separation to adjoining development.

No acceptable outcome is nominated.

PO11

All uses:

minimise noise, dust, odour or other nuisance from existing lawful uses including rural and industrial uses
minimise nuisance caused by noise, vibration and dust emissions generated by the state–controlled road and rail network in the vicinity of land in the rural residential zone.

No acceptable outcome is nominated.

Use - Nature based tourism

PO12

Development protects environmental values and is of a scale and intensity that does not compromise the low density and environmental character of the locality.

AO12

Development does not exceed more than one guest per 1,000m2 of site area.

Where in the Bicentennial Drive Enterprise precinct

PO13

Non–residential uses:

are limited in scale and consistent with local character
do not adversely impact on adjoining residential uses and amenity.

AO13.1

Minimum site area is 1.5ha.

AO13.2

The total area of premises covered by buildings and roof structures is no greater than 40% of the site area.

AO13.3

No building, structure or activity area is closer than 10m to any site boundary.

AO13.4

Hours of operation are limited to between 7am and 6pm daily.

PO14

Non–residential uses do not:

adversely affect the viability of the Agnes Water town centre, and
include large format, land consumptive commercial uses.

AO14.1

GFA of the following uses does not exceed 250m2 for:

agricultural supplies store
bulk landscape supplies
garden centre
hardware and trade supplies
service industry, and
warehouse.

AO14.2

Any outdoor sales use does not exceed a development footprint of 500m2.

PO15

Where a Tourist park, development provides adequate separation, screening and buffering from any adjoining residential premises or residential zone so that residential privacy and amenity is not adversely affected.

AO15.1

Where a Tourist park and adjoining a residential use:

a minimum side and rear boundary setback of 3m is required for any:
1. ancillary kiosk or food and drink outlet premises
2. site access points, and
3. car parking areas.
a minimum boundary setback of 10m is required for any:
1. amenity buildings
2. servicing or outdoor storage areas
3. temporary structures including caravans and tents, and
4. active outdoor use areas.