Planning Scheme Provisions (3.9 MB) - Cairns Regional Council

Planning Scheme Provisions (3.9 MB) - Cairns Regional Council Planning Scheme Provisions (3.9 MB) - Cairns Regional Council

cairns.qld.gov.au
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13.07.2015 Views

4.9 Indoor Entertainment- 116-4.9.1 Any proposal to establish an Indoor Entertainment on a site within the GeneralIndustry zone shall demonstrate to the satisfaction of Council that :(a)the establishment of the proposed use will not alienate the site and anybuilding on the site from future use for industrial purposes;and(b)the proposed use will not be exposed to unacceptable levels of risk by virtueof its proximity to land used for the storage of fuel or hazardous substances.4.10 Miscellaneous Provisions4.10.1 Built Form(a)(b)(c)The Council, when dealing with an application for development, where in itsopinion the erection of a building or other structure would by its appearanceor design adversely affect the amenity or the likely amenity of theneighbourhood, or the external appearance of a building or other structurewould not be in keeping with the character of the neighbourhood, mayrequire the redesign of the proposed building or structure or may refuse theapplication.Council considers architectural and design features listed below to berepresentative of the vernacular architecture of North Queensland. Theutilisation of some or all of these functional and/or decorative features indevelopments within the City is encouraged by Council; particularly inthose areas of the City where existing examples of vernacular architectureare common place.Awnings WideEaves- Sunhoods Louvred WindowsIOpeningsWindow Shades Lattice ScreensVerandahs Gabled RoofsBalconies Timber Fretwork, Finials- Roof Ventilators - and BalustradesThe utilisation of cross ventilation is recommended. A preference shouldalso be given to utilising light coloured, light weight materials which arewell insulated. The use of these design features is intended to enhance thevisual amenity of a development and provide an integrated streetscape inareas where both old and new structures are located side by side, andgenerally throughout the City.4.10.2 Access for Handicapped Persons(a)(b)(c)Generally, provision shall be made in the design of all developments foraccess by handicapped or disabled persons.Access for handicapped or disabled persons shall be designed andconstructed to accord with AS 1428 - Code of Practice for Design Rules forAccess by the Disabled.Access for handicapped or disabled persons shall be appropriately signed wherein the opinion of Council, such access is not readily visible.

- 117-4.10.3 Footpath Queues(a)Where development requires patrons to queue outside a building, such asautomatic bank telling machines, Council may require that suitable signage beerected including footpath marking requesting patrons to queue parallel to thebuilding line.4.10.4 Lighting(a)No person shall install or cause to be installed on any residential site or on anysite which abuts or is adjacent to a residential site any light source, not being anilluminated advertising device installed in compliance with Council's LocalLaws, in such a manner that the level of vertical illumination, at a point 1.5metres outside the boundary of the site, exceeds 8 lux measured at any levelupwards of ground level, unless the Council approves a greater level ofillumination in special circumstances.(b)Council may require screens, vegetation and other landscaping elements to beprovided adjacent to the light source or specify the height and type of lighting tobe provided in order to avoid any adverse effects of glare or direct light nuisanceon passing vehicular traffic and nearby property owners.4.10.5 Setbacks from Boundaries abutting Access Restriction Strips(a)Notwithstanding any other provisions of this Planning Scheme, all buildingsshall be setbaclc from boundaries that abut an access restriction strip by thedistance required for setbacks from roads. The setback shall be measured fromthe alignment of the road adjacent to the access restriction strip.4.10.6 Temporary Development(a)(b)Notwithstanding any provisions of this Planning Scheme, Council may uponapplication being made to Council in writing, grant a special approval fortemporary development on any premises in any zone provided :the temporary development is not proposed to extend beyond any time limitset by Council in granting the approval; and- compliance with any reasonable and relevant conditions required byCouncil.Without limiting the scope of any such conditions, any special approval shall besubject to Council being satisfied that suitable arrangements have been made fortraffic and crowd control, refuse disposal and the provision of publicconveniences and first aid facilities and that the temporary development will notin Council's opinion result in an undue traffic or noise problem to persons notconnected with the proposed temporary development.4.10.7 Trinity Inlet Management Plan(a)(b)Council is a signatory to an agreement relating to the Trinity Inlet ManagementPlan and it is Council's intention that the management principles detailed in theTrinity Inlet Management Plan shall be implemented in order to provide for themaintenance of Trinity Inlet as an ecologically viable and sustainable ecosystem.Where development is proposed within the City which in Council's opinionconflicts with the management principles detailed in the Trinity InletManagement Plan, Council may require applicants to prepare a Statement ofImpacts for consideration with any application for development.

- 117-4.10.3 Footpath Queues(a)Where development requires patrons to queue outside a building, such asautomatic bank telling machines, <strong>Council</strong> may require that suitable signage beerected including footpath marking requesting patrons to queue parallel to thebuilding line.4.10.4 Lighting(a)No person shall install or cause to be installed on any residential site or on anysite which abuts or is adjacent to a residential site any light source, not being anilluminated advertising device installed in compliance with <strong>Council</strong>'s LocalLaws, in such a manner that the level of vertical illumination, at a point 1.5metres outside the boundary of the site, exceeds 8 lux measured at any levelupwards of ground level, unless the <strong>Council</strong> approves a greater level ofillumination in special circumstances.(b)<strong>Council</strong> may require screens, vegetation and other landscaping elements to beprovided adjacent to the light source or specify the height and type of lighting tobe provided in order to avoid any adverse effects of glare or direct light nuisanceon passing vehicular traffic and nearby property owners.4.10.5 Setbacks from Boundaries abutting Access Restriction Strips(a)Notwithstanding any other provisions of this <strong>Planning</strong> <strong>Scheme</strong>, all buildingsshall be setbaclc from boundaries that abut an access restriction strip by thedistance required for setbacks from roads. The setback shall be measured fromthe alignment of the road adjacent to the access restriction strip.4.10.6 Temporary Development(a)(b)Notwithstanding any provisions of this <strong>Planning</strong> <strong>Scheme</strong>, <strong>Council</strong> may uponapplication being made to <strong>Council</strong> in writing, grant a special approval fortemporary development on any premises in any zone provided :the temporary development is not proposed to extend beyond any time limitset by <strong>Council</strong> in granting the approval; and- compliance with any reasonable and relevant conditions required by<strong>Council</strong>.Without limiting the scope of any such conditions, any special approval shall besubject to <strong>Council</strong> being satisfied that suitable arrangements have been made fortraffic and crowd control, refuse disposal and the provision of publicconveniences and first aid facilities and that the temporary development will notin <strong>Council</strong>'s opinion result in an undue traffic or noise problem to persons notconnected with the proposed temporary development.4.10.7 Trinity Inlet Management Plan(a)(b)<strong>Council</strong> is a signatory to an agreement relating to the Trinity Inlet ManagementPlan and it is <strong>Council</strong>'s intention that the management principles detailed in theTrinity Inlet Management Plan shall be implemented in order to provide for themaintenance of Trinity Inlet as an ecologically viable and sustainable ecosystem.Where development is proposed within the City which in <strong>Council</strong>'s opinionconflicts with the management principles detailed in the Trinity InletManagement Plan, <strong>Council</strong> may require applicants to prepare a Statement ofImpacts for consideration with any application for development.

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