| Address of Site: | 99 BREAKFAST CREEK RD NEWSTEAD QLD 4006 |
| Real Property Description of Site: | L2 SP.275688 |
| Aspects of development and type of approval: | DA - PA - Material Change of Use Preliminary Approval - Variation Request -
showroom,shopping centre,warehouse,Short Term Accommodation,shop,service
industry,sales office,rooming accommodation,retirement facility,residential
care facility,research and technology industry,office,multiple dwelling,low
impact industry,indoor sport and recreation,hotel,health care service,food and
drink outlet,educational establishment,childcare centre,car wash,bar |
| Council File Reference: | A006861635 Permit Reference Number/s: DAMC415806821. |
| Package Status: | APPROVED - Version 3 (5th of June, 2026 1:23:07 PM) |
| Package Generated: | 05/06/2026 |
| Lisa RICHARDSON Senior Urban Planner Planning Services North lisa.richardson@brisbane.qld.gov.au 07 3178 8544 |
MAISIE TANG Principal Urban Planner Planning Services North maisie.tang@brisbane.qld.gov.au (07) 31789048 |
Martin MOLLEE Senior Environmental Management Officer Environmental Management Services Martin.Mollee@brisbane.qld.gov.au (07) 3403 8888 |
| Ann-Marie KYRANIS Senior Urban Planner Development Assurance & Outcomes Ann-Marie.Kyranis@brisbane.qld.gov.au 31780671 |
Kathy BAGULEY Principal Urban Planner Planning Services North DSPlanningSupport@brisbane.qld.gov.au 07 3403 5510 |
Emily LAING Senior Landscape Architect Landscape Architecture Team Emily.Laing@brisbane.qld.gov.au 07 3403 8888 |
| Ben COVE Principal Engineer Engineering Services Traffic Ben.Cove@brisbane.qld.gov.au |
William DANN Senior Engineer Engineering Services North William.Dann@brisbane.qld.gov.au 31780361 |
Callan BENNETT Principal Architect Architecture Team Callan.Bennett@brisbane.qld.gov.au 07 31780595 |
| Fabrienne Michelle YU Principal Environmental Management Officer - Air Quality Environmental Management Services Michelle.Yu@brisbane.qld.gov.au 07 3403 0258 |
Andrew TSAI Senior Engineer Engineering Services South andrew.tsai@brisbane.qld.gov.au (07) 3407 0366 |
Grace CLEARY Senior Urban Planner Planning Services House & Homes Grace.Cleary@brisbane.qld.gov.au (07) 3178 7341 |
| Sally WOTLEY Urban Planner City Planning Sally.Wotley@brisbane.qld.gov.au 34070151 |
Kaye ATKINS Team Manager Planning Application Review Service Kaye.ATKINS@brisbane.qld.gov.au (07) 31780015 |
Jacqueline PATON Senior Architect Architecture Team Jacqueline.Paton@brisbane.qld.gov.au 07 3178 0389 |
| Luke LAWN Senior Landscape Architect Landscape Architecture Team Luke.Lawn@brisbane.qld.gov.au 3403 8888 |
Lucy TING Senior Engineer Engineering Services Hydraulics lucy.ting@brisbane.qld.gov.au (07) 3403 5005 |
Glen PORTER Principal Technical Officer Engineering Services Traffic Glen.Porter@brisbane.qld.gov.au 0734035200 |
| Elrico KOEBERG Senior Urban Planner Planning Services North Elrico.Koeberg@brisbane.qld.gov.au (07) 3178 7346 |
Callan BENNETT Principal Architect Architecture Team Callan.Bennett@brisbane.qld.gov.au 07 31780595 |
Lisa RICHARDSON Senior Urban Planner Planning Services North lisa.richardson@brisbane.qld.gov.au 07 3178 8544 |
| Bella FAULKNER Landscape Architect Landscape Architecture Team Isabella.Faulkner@brisbane.qld.gov.au 07 3403 8888 |
Chris.M DIXON Senior Urban Planner Planning Services North chris.m.dixon@brisbane.qld.gov.au 31787264 |
DRAWINGS AND DOCUMENTS
| Drawing or Document | Number | Plan Date |
|---|---|---|
| Proposed Master Plan | 19063 Rev J (Amended In Red 26-MAY-2026) | 25-MAR-2026 |
APPROVAL CONDITIONS
| Permit to Which These Conditions Relate: | DA - PA - Material Change of Use |
| Activity(ies): | showroom bar car wash childcare centre educational establishment food and drink outlet health care service hotel indoor sport and recreation low impact industry multiple dwelling office research and technology industry residential care facility retirement facility rooming accommodation sales office service industry shop Short Term Accommodation warehouse shopping centre |
| Stage: | Preliminary Approval (Variation Request) to vary the effect of the Planning Scheme for Material Change of Use |
| 1) Prescribed Period for Variation Approval The prescribed period for the variation approval is 10 years from the day the approval takes effect. Note: If development or an aspect of development relating to this approval is not completed within the prescribed period, the approval lapses. Timing: 10 years from when the approval takes effect. |
As indicated |
| 2) General Compliance Requirements Development of the subject site must comply with the following; a) the approved drawings; b) the conditions of the variation approval; and c) subsequent Material Change of Use of the subject site including other plans and documents approved by subsequent development approvals. NOTE: Brisbane City Plan 2014 (v22.00/2021) is the applicable version to be applied to future development applications made under this Variation approval. |
As indicated |
| 3) Flood Resilience Each subsequent development application is to satisfactorily demonstrate the following:
|
As indicated |
| 4) Limitation of Use: Specialised Business Uses The extent to which this Variation approval varies the effect of the Planning Scheme for Brisbane is limited to a Material change of use for the following land uses: - Car wash - Educational establishment (excluding student accommodation) - Low impact industry - Office - Research and technology industry - Service industry - Warehouse - Shop where less than 250m2 gross floor area and directly associated with the use of a Car wash, Educational establishment, Low impact industry, Office, Research and technology industry, Service industry, Warehouse - Food and drink outlet where less than 250m2 gross floor area and directly associated with the use of a Car wash, Educational establishment, Low impact industry, Office, Research and technology industry, Service industry, Warehouse - Showroom where no greater than 1,500m2 and directly associated with the use of a Car wash, Educational establishment, Low impact industry, Office, Research and technology industry, Service industry, Warehouse. Notwithstanding the contents of the Tables of assessment in the Planning Scheme, development for the purpose of uses listed above where that development complies with the following: - the maximum building heights shown for that part of the site on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the minimum podium and tower setbacks shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the minimum podium separation to the Urban Common shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the maximum podium height in any location of the subject site of 19m AHD. Shall be subject to the following Categories of development and assessment benchmarks: - Code assessment against the Centre or mixed use code, relevant Use code (where the provisions are not in conflict with the Centre or mixed use code), prescribed Secondary codes, Planning scheme policies, and Overlay codes for Overlays identified in the Planning Scheme as applying to the site or as varied by this approval. Note: Where the proposed use triggers the Industry code, the Variation Approval site is taken to be defined as a Sensitive zone. Note: The definitions and codes mentioned in this condition refer to the definitions and codes contained in the Brisbane City Plan 2014. Where there is a conflict between the codes and conditions of this Variation approval, the conditions will prevail. |
As indicated |
4(a) Minimum GFA - Specialised Business
Use Development across the Variation Approval site is to, by the end of prescribed period in Condition 1, provide and maintain a minimum Gross Floor Area of 12,000m2 for the uses listed in this condition. Each development application lodged over the Variation Approval site is to provide a cumulative breakdown of the Gross Floor Area allocated to each use listed in this condition to demonstrate a minimum Gross Floor Area of 12,000m2 will be achieved at the completion of development on the site. |
To be maintained |
4(b) Minimum Ground Floor GFA - Specialised
Business Use Development across the Variation Approval site is to, by the end of the
prescribed period in Condition 1, provide and maintain on the ground floor a
minimum Gross Floor Area of 1300m2 for the uses listed in this
condition. |
To be maintained |
| 5) Limitation of Use: Supporting Service Uses The extent to which this Variation approval varies the effect of the Planning Scheme is limited to a Material change of use for the following land uses: - Child care centre - Health care services - Indoor sport and recreation Notwithstanding the contents of the Tables of assessment in the Planning Scheme, development for the purpose of uses listed above where that development complies with the following: - the maximum building heights shown for that part of the site on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the minimum podium and tower setbacks shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the minimum podium separation to the Urban Common shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the maximum podium height in any location of the subject site of 19m AHD. Shall be subject to the following Categories of development and assessment benchmarks: - Code assessment against the Centre or mixed use code, relevant Use code (where the provisions are not in conflict with the Centre or mixed use code), prescribed Secondary codes, Planning scheme policies, and Overlay codes for Overlays identified in the Planning Scheme as applying to the site or as varied by this approval. Note: The entire Variation Approval site is taken to be located within the Industrial amenity overlay investigation area sub-category. Note: The definitions and codes mentioned in this condition refer to the definitions and codes contained in the Brisbane City Plan 2014. Where there is a conflict between the codes and conditions of this Variation approval, the conditions will prevail. Development across the Variation Approval site is to, at the completion of the prescribed period in Condition 1, provide and maintain a maximum combined Gross Floor Area of 3750m2 for land uses permitted under this condition, including a maximum of 1500m2 for a gymnasium. |
As indicated |
| 6) Limitation of Use: Retail Amenity Uses The extent to which this Variation approval varies the effect of the Planning Scheme is limited to a Material change of use for the following land uses: - Shop (where more than 1,500m2 but less than 3,800m2 Gross Floor Area and limited to only one tenancy on the Variation approval site) - Shop where less than 1,500m2 Gross Floor Area - Bar - Food and drink outlet - Hotel - Sales office - Showroom - Shopping centre Notwithstanding the contents of the Tables of assessment in the Planning Scheme, development for the purpose of uses listed above where that development complies with the following: - the maximum building heights shown for that part of the site on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the minimum podium and tower setbacks shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the minimum podium separation to the Urban Common shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the maximum podium height in any location of the subject site of 19m AHD. Shall be subject to the following Categories of development and assessment benchmarks: - Code assessment against the Centre or mixed use code, relevant Use code (where the provisions are not in conflict with the Centre or mixed use code), prescribed Secondary codes, Planning scheme policies, and Overlay codes for Overlays identified in the Planning Scheme as applying to the site or as varied by this approval. - Accepted development where for Shop less than 1,500m2 Gross Floor Area, Bar, Food and drink outlet, Hotel, Sales office and Showroom involving an existing premises with no increase in Gross Floor Area where complying with all Acceptable outcomes in Section A of the Centre or mixed use code. Note: The definitions and codes mentioned in this condition refer to the definitions and codes contained in the Brisbane City Plan 2014. Where there is a conflict between the codes and conditions of this Variation approval, the conditions will prevail. |
As indicated |
6(a) Maximum GFA: Retail Amenity
Uses Development across the Variation Approval site is to, at the completion of the prescribed period in Condition 1, provide and maintain a maximum combined Gross Floor Area of 7,650m2 for the land uses permitted under this condition, where: - Only one tenancy may be used for a Shop (supermarket) that is more than 1,500m2 Gross Floor Area but less than 3,800m2 Gross Floor Area; and - The balance of the 7,650m2 may be used for other uses permitted under this condition other than a supermarket that is more than 1,500m2 Gross Floor Area. Each development application lodged over the Variation Approval site is to provide a cumulative breakdown of the Gross Floor Area allocated to each use listed in this condition to demonstrate a maximum Gross Floor Area of 7,650m2 will be provided at the completion of development on the site. |
As indicated |
6(b) Timing of Retail Amenity
Uses No Retail Amenity Uses are to be undertaken on the subject site prior to 1 July 2029, save that the land uses of Shop, Bar, Food and drink outlet, Sales office and Showroom may be undertaken prior to that date, but subject to a total maximum Gross Floor Area of 400m2. |
As indicated |
| 7) Limitation of Use: Residential Uses The extent to which this Variation approval varies the effect of the Planning Scheme is limited to a Material change of use for the following land uses: - Multiple dwelling - Residential care facility - Retirement facility - Rooming accommodation - Short term accommodation Notwithstanding the contents of the Tables of assessment in the Planning Scheme, development for the purpose of uses listed above where that development complies with the following: - the maximum building heights shown for that part of the site on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the minimum podium and tower setbacks shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the minimum podium separation to the Urban Common shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026; and - the maximum podium height in any location of the subject site of 19m AHD. Shall be subject to the following Categories of development and assessment benchmarks: - Code assessment against the Centre or mixed use code, relevant Use code (where the provisions are not in conflict with the Centre or mixed use code), prescribed Secondary codes, Planning scheme policies, and Overlay codes for Overlays identified in the Planning Scheme as applying to the site or as varied by this approval. Note: The entire Variation Approval site is taken to be located within the Industrial amenity overlay investigation area sub-category. Note: The definitions and codes mentioned in this condition refer to the definitions and codes contained in the Brisbane City Plan 2014. Where there is a conflict between the codes and conditions of this Variation approval, the conditions will prevail. Development across the Variation Approval site is to, at the completion of the prescribed period in Condition 1, provide and maintain a maximum combined Gross Floor Area of 200,000m2 for land uses permitted under this condition. |
As indicated |
| 8) Public Realm Improvements Stage 1 The following public realm improvements are to be delivered in Stage 1 of the development: - A privately owned, publicly accessible urban common and arcade, with 24-hour public access, measuring not less than 1,000sqm, and with minimum unimpeded pavement width of 6m connecting Everlyn Street and Austin Street, and as shown on the ‘Proposed Master Plan’ drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026. - Streetscape upgrades to the Evelyn Street and Austin Street verges to a Centre Street Minor standard to the extent shown on the ‘Proposed Master Plan’ drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026. Stage 2 The following public realm improvements are to be delivered in Stage 2 of the development: - A privately owned, publicly accessible urban common and arcade, with 24-hour public access, measuring not less than 1,000sqm in addition to the Stage 1 urban common extent, as shown on the ‘Proposed Master Plan’ drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026. The Stage 2 urban common can be adjoining the Stage 1 urban common, or a comprehensive ultimate combined design outcome. The combined Stage 1 and Stage 2 urban common, including the arcade, is to be no less than 2,000sqm. - Streetscape upgrades to the Evelyn Street and Austin Street verges to a Centre Street Minor standard to the extent shown on the ‘Proposed Master Plan’ drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026. - Streetscape upgrades to the Breakfast Creek Road verge to a Subtropical Boulevard In Centre – 5m wide verge standard as shown on the ‘Proposed Master Plan’ drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026. |
As indicated |
| 9) Maximum Building Height The prescribed
maximum building height is as specified below: - Maximum podium height in any location of the subject site is not to exceed 19m AHD. |
At all times |
| 10) Buidling Setbacks and Separation Prescribed setbacks and building separation are as
follows: |
At all times |
| 11) Architecture - Creative Lighting For each subsequent development application for a Development Permit under this Variation approval, provide creative lighting to the new elements of the facade in accordance with the requirements of this condition. A creative lighting strategy is required to deliver quality lighting outcomes to meet functional needs as well as a means of creative expression that contributes lighting for occasion, identity, discovery and safety. The strategy is to include innovative ideas for the illumination of new facade features and entry points. To describe the strategy, the application may include reports, concept plans and perspective drawings. Note: The requirement to submit and implement an Approved Creative Lighting Strategy may be achieved via a condition of approval on subsequent applications that seek to deliver key stages of development on the site. |
As indicated |
| 12) Supply and Install Artworks For each subsequent development application for a Development Permit under this Variation approval, supply, install and maintain artworks (including but not necessarily limited to, sculptures, ceramic works, mosaics and wall reliefs) within an area to be determined by Council, that meets the following criteria: - Works are by a suitably qualified artist in accordance with the relevant Brisbane City Council Planning Scheme/Policies; - Works constitute not less than 0.25% of the total estimated project cost as certified by a recognised Quantity Surveyor; and - Works are suitable for the setting in terms of design, choice of materials, durability and resistance to vandalism. Note: The requirement to supply, install and maintain artworks may be achieved via a condition of approval on subsequent applications that seek to deliver key stages of development on the site. |
As indicated |
| 13) Environmental Sustainability For each subsequent development application for a Development Permit under this Variation approval, construct and maintain the building(s) in accordance with 'Best Practice' environmentally sustainable measures incorporating measures for the development to achieve at least a 'Best Practice' environmentally sustainable rating for the building in accordance with a recognised Environmental Rating System suitable for the approved development (such as Green Star). |
As indicated |
| 14) Privately Owned, Publicly Accessible Open
Space Subsequent development applications are to provide privately owned, publicly accessible open space generally in accordance with the location and extent of the ‘Urban Common’ shown on the Proposed Master Plan drawing no. 19063 Rev J dated 25 March 2026 and amended in red 26 May 2026. The public thoroughfare between Austin Street and Evelyn Street is
to have a minimum unimpeded pavement width of 6 metres. Areas of privately
owned, publicly accessible open space or arcade must provide and maintain
unimpeded, safe and equitable 24-hour public access. An interim outcome
is to be provided in conjunction with Stage 1 buildings, which will occupy a
portion of the extent of the ‘Urban Common’ shown on the approved
Master Plan. a. Incorporate shade tree plantings to provide a minimum of 25% shade cover within two years of planting. b. Incorporate high quality pavements and public seating. c. Include an interim creative lighting strategy. d. Be predominantly open to the sky. e. Urban common and arcade to be activated to promote pedestrian movement and casual surveillance. An ultimate outcome is to be provided in
conjunction with Stage 2 buildings, which will occupy the full extent of the
‘Urban Common’ shown on the approved Master Plan. a. Integrate with proposed adjoining buildings and be activated to promote pedestrian movement and casual surveillance; b. Be finished with high-quality materials considering public safety; c. Be provided with safe and suitable gradients compliant with the relevant Australian Standards; d. Crime Prevention Through Environmental Design (CPTED) principles adopted as part of the design; e. Delivery of a public art element within the public realm; f. Includes a creative lighting strategy that ensures lighting provides security and is a feature of the public realm; g. Includes subtropical planting and vegetation that provides visibility, shade and comfort; h. Incorporate high quality pavements used throughout the Privately Owned, Publicly Accessible Open Space i. Be predominately open to the sky. j. Urban common and arcade to be activated to promote pedestrian movement and casual surveillance. k. Suitably addresses and manages changes in levels throughout the urban common. |
As indicated |
| 15) Non-residential Car Parking Provision Subsequent development applications may provide car parking for the non-residential uses allowed by this Variation request provided at the completion of the development on the subject site, the total parking for all non-residential uses does not exceed 600 spaces. Note: This is based on a parking rate of 2.5 spaces per 100m2 for a total GFA of 23,400m2 for non residential uses. |
As indicated |
| 16) Traffic Impact Assessment As part of any subsequent development application, submit to Development Services a Traffic Impact Assessment, certified by a suitably qualified Registered Professional Engineer of Queensland (RPEQ) which assesses the application against the relevant provisions of the Brisbane City Plan 2014, v22.00/2021 and Variation approval. |
As indicated |
| 17) Car Park Management Plan As part of any
future material change of use pursuant to this preliminary approval, submit to
Development Services a Car Parking Management Plan (CPMP) certified by a
suitably qualified Registered Professional Engineer of Queensland (RPEQ) for
approval, which details: - the number and location of parking spaces allocated to each particular use of premises (and makes provision for residents, residential visitors, retail customers, non-residential staff and non-residential visitors); - the form and
location of driveways providing access to/from the parking spaces allocated to
each particular use of premises (including for residents, residential visitors,
retail customers, non-residential staff and non-residential visitors as
required); and - secured access arrangements (e.g. public access boom gate, private access keypad, paid/unpaid arrangements) for the parking spaces allocated to each particular use of premises (including for residents, residential visitors, retail customers, non-residential staff and non-residential visitors as required). |
As indicated |
| 18) Total Gross Floor Area for non-residential
uses Development across the Variation Approval site is to, at the completion of the prescribed period in Condition 1, provide and maintain a maximum Gross Floor Area of 23,400m2 for non-residential uses. |
As indicated |
| 19) Referral Agency Requirements The State Assessment and Referral Agency as concurrence agency has imposed the requirements contained in the letters dated 7 November 2025. |
As indicated |