BCC Commercial use permit for LMR zoned property

[ycdfdyan]

Hi All,

I own an investment property on Hawthorne Road, Hawthorne Qld. The property is zoned LMR2 as per Brisbane city council's zoning map and is very close to the Hawthorne cinema.

I notice a lot of my neighbouring properties have been rented out as small offices, gym, cafe etc. However these properties are zoned either LMR or CR1 based on the BCC planning scheme.

Quite a few properties on Riding Road are also being leased/sold as commercial properties and none of them are actually zoned for commercial use.

As far as I understand a property zoned for residential use cannot be used for commercial purpose. Is there a way to obtain a commercial use permit from BCC? If yes, how much is it going to cost?

Thank you in advance for your help!

 

[RPI]

A Material Change of Use application to BCC
rough costs
500 for planner to see if can be done
6k for planner to do app
2k for draftsman
Council fees will depend on area. 6k min

 

[Scott No Mates]

Bear in mind that the property might have been advertised for the commercial usage "STCA" with the prospective tenants expected to bear the costs of gaining the necessary approvals. If the tenant doesn't achieve the desired usage, they will walk away.

 

[ycdfdyan]

Thanks for all your help

 

[RyanMcHarg]

It is a bit of a grey area around there. There was a house just a few doors down from Brother' Expresso that was previously used as a consulting rooms for a therapist or some such and they get away with it, but at the same time they were also living upstairs and it was classed as a home business.

There was one that was recently sold on riding road as well through an agent other than myself of the wynnum road end of riding road that has been turned into a business, although from what I have seen there was no approvals go through and they have just fit it out how they want and put up signage. I know that it was purchased by the owner of the business though and wasn't a traditional landlord type of situation.

I sold a property on riding road where the owner is developing several townhouses and considered turning the existing house into a commercial unit however the council contributions killed it for him in the end. The toughest part about getting things rezoned in that area is that council are still pushing for all of the commerical and retail to be run out of oxford street. Although the development next to the service station does have a commercial element to it so they may be relaxing it a little.

 

[ycdfdyan]

It is a bit of a grey area around there. There was a house just a few doors down from Brother' Expresso that was previously used as a consulting rooms for a therapist or some such and they get away with it, but at the same time they were also living upstairs and it was classed as a home business.

There was one that was recently sold on riding road as well through an agent other than myself of the wynnum road end of riding road that has been turned into a business, although from what I have seen there was no approvals go through and they have just fit it out how they want and put up signage. I know that it was purchased by the owner of the business though and wasn't a traditional landlord type of situation.

I sold a property on riding road where the owner is developing several townhouses and considered turning the existing house into a commercial unit however the council contributions killed it for him in the end. The toughest part about getting things rezoned in that area is that council are still pushing for all of the commerical and retail to be run out of oxford street. Although the development next to the service station does have a commercial element to it so they may be relaxing it a little.

Thanks Ryan!

I almost bought a house on Riding Road about two three months ago. I was told by the agent that a lot of houses in the area are being leased out for commercial use without council's approval and as far as he knows no one has ever been caught up by the council. The house was a two storey house and the agent told me that I can live upstairs and operate a small cafe downstairs. He said the cafe downstairs can be classified as a home business and therefore will not need council's approval. I did a quick research on BCC's website and I don't think he is 100% correct as BCC doesn't classify cafe/shops as home businesses. Not sure what will happen if council finds out...

I noticed a few houses near the hawthorne cinema have been zoned as small centre as per the new planning scheme and it seems a lot has happening in that little area at the moment.

Do you reckon it's going to be the next Oxford street?

 

[RyanMcHarg]

Don't quote me on this but i believe that the business must be under 50m2 in total to get away with it, and cafe's are far from what you could consider a home business......

The council are very picky about that area, so whilst there is a lot of commercial activity on both Riding & Hawthorne Rd, it would be a long time before it gets anything close to Oxford Street. There are a few new commercial tenancies and there is a bit more space to develop further down near the ferry terminal before things get too desperate though.

 

[RPI]

If you go to

http://eplan.brisbane.qld.gov.au/

Part 7.1

Bulimba District Neighbourhood Plan

that will help.


Some key parts

Development at the intersection of Hawthorne Road and Lindsay Road is consolidated to form a local convenience centre where:
(i) existing character commercial and character non-residential buildings in the centre will be protected and adaptively re-used for retail and commercial uses;
(ii) character residential buildings in the Hawthorne centre precinct (Bulimba district neighbourhood plan/NPP-003) may be demolished where this is required for the expansion of the cinema complex.

Hawthorne centre precinct (Bulimba district neighbourhood plan/NPP-003) overall outcomes are:
(a) The Hawthorne centre precinct will develop into a consolidated centre with a low- rise village feel which serves the local needs of Hawthorne residents and supports the facilities and services provided in the Oxford Street precinct.
(b) The retention of existing commercial and residential character buildings maintains the village aesthetics of the precinct.
(c) Key corner sites provide important local landmarks and new development retains traditional commercial character building forms and active commercial and retail frontages at these locations.
(d) Development accommodates overland flow from the Pashen Creek overland flow path and is designed and located to minimise risk from high water conditions.
(e) Development respects and integrates with character buildings, particularly the cinema, using traditional design elements, whilst establishing a cohesive built form identity for the precinct.
(f) Shared access and servicing arrangements avoid a net increase in driveway crossovers to Hawthorne Road, retaining the fine-grain commercial character of the precinct and improving the function and safety of the pedestrian realm.
(g) Development which is retail focused provides active frontages to Hawthorne Road and its corner with Lindsay and Orchard streets and the park.
(h) Park Street should not be activated given the impact this would have on residential premises. Above ground level, offices, home businesses and multiple unit dwellings are considered generally appropriate.
(i) Development retains and enhances the character and functional elements of the neighbourhood plan area, in particular:
(i) character residential housing is retained and adaptively re-used for commercial and retail or home based business uses;
(ii) development maintains the established built form along Hawthorne Road provided by the existing character housing;
(iii) where a site is not improved by a commercial character building or character dwelling, multiple dwellings may be consistent with the outcomes sought provided that proposals respond to the adjoining streetscape character and complement the dominant retail function of the village.
(j) The existing mechanical workshop site north of Orchard Street provides opportunities for redevelopment which will accommodate:
(i) a mix of uses that support the dominant retail function of the precinct;
(ii) offices that activate Hawthorne Road and incorporate multiple dwellings above ground level are consistent with the outcomes sought.
(k) The Cineplex building is a character non-residential building considered to have significant value as a local landmark which:
(i) provides an anchor for the precinct;
(ii) may be subject to sensitive adaptation where the proposal is supported on economic grounds, makes a positive contribution to achieving the planning scheme?s intent for the precinct and where the characteristic features of the iconic Cineplex buildings are retained or sympathetically treated.
(l) Commercial character buildings adjacent to the Cineplex building, such as the barber shop, also add significant character to the village and are likewise retained.

If in the Hawthorne centre precinct (Bulimba district neighbourhood plan/NPP-003)
PO12
Development:
(a) ensures that this area functions as an attractive local centre serving the convenience needs of the local resident population;
(b) creates active frontages on Hawthorne Road and maintains residential amenities on nearby local streets;
(c) is consistent with the built form character and amenity of the area.
AO12
Development is compatible with the form, design and scale of commercial character buildings such that:
(a) existing commercial character buildings or character non-residential buildings are retained, refurbished and used for small-scale retail and commercial uses;
Note?The precinct contains an iconic local character non-residential building in the form of Hawthorne Cineplex building.

(b) where a new building is proposed on a corner site, the building:
(i) is built to the street frontage on both sides;
(ii) contains uses which activate the street;
(iii) is indicative of architectural style of commercial character buildings in the area;
(iv) has awnings which extend over the adjoining footpath;
(c) if fronting Hawthorne Road, is built to the street frontage and provides an awning over the adjoining footpath;
(d) if it has an active frontage, is limited to a street within the precinct boundary.
PO13
Development ensures that pedestrian movement along Hawthorne Road is safe and convenient and takes priority over vehicle access.
AO13.1
Development results in no net increase in driveway crossovers provided to Hawthorne Road.
AO13.2
Development on a corner site is accessed via Orchard Street or Lindsay Street.
If in the Godwin street precinct (Bulimba district neighbourhood plan/NPP-005)
PO14
Development ensures that building siting and design:
(a) respects the layout, scale including height and setback and character of existing buildings;
(b) provides a continuous active street frontage;
(c) provides continuous pedestrian shelter to maximise pedestrian comfort and accessibility and maintains the tree-lined streetscape;
(d) maintains privacy for adjoining residential properties including by vegetated buffers.
AO14.1
Development provides building setbacks in accordance with Table 7.2.2.4.3.C.
AO14.2
Development provides balconies and openings overlooking the street.
AO14.3
Development provides awnings to the Godwin Street and Love Street frontages and does not result in the loss of street trees.
PO15
Development provides a 24-hour publicly accessible pedestrian connection between Love Street and Godwin Street providing easy and convenient access to Memorial Park.
AO15.1
Development provides a publicly accessible cross block link in the location identified on the Streetscape hierarchy overlay map.
AO15.2
Development ensures that the design and construction or enhancement of laneways and cross block links is in accordance with the Infrastructure design planning scheme policy.
AO15.3
Development dedicates the cross block link to Council.
PO16
Development carefully manages impacts on the amenity of an adjoining Low density residential zone, Low?medium density residential zone or Character residential zone.
AO16
Development provides building setbacks in accordance with Table 7.2.2.4.3.C.