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
- 134-(h) The park must be maintained to a reasonable standard and for a durationdetermined by Council in the assessment of the application. At the leastclearing of weed species and mowing of grassed areas would be required priorto hand-over.Applicants not complying with these conditions will be bonded for an amount equalto the worlcs required to be completed. Such bond to be expended on their behalf ifworks are not completed within 1 year.5.13 Retention of Vegetation(4(b)(c)(d)Any person who proposes to subdivide land shall identify, in the proposal plan oron a separate plan, all significant trees and plant communities comprising treesand understorey, riparian vegetation and rainforest on the subject land.In considering an application for subdivision, the Council may requireamendments to the proposal plan or impose conditions relating to modifications toallotment layout, road layout, drainage, location of parks, water supply andsewerage provision so as to minimise the loss of tree or plant communities.Council may also specify areas such as future parks, drainage lines and publicareas where no clearing is to be carried out or where clearing is to be minimised.Where an application for subdivision is approved by Council and trees are to beremoved, Council may require the planting of advanced specimens of a suitablespecies elsewhere on the land.Vegetation is to be retained on all natural drainage lines and watercourses, unlessotherwise approved by Council.5.14 Pedestrian and Cyclist FacilitiesThe subdivider shall, for the benefit of the local community, contribute to the extension ofthe City's footway and bikeway systems by constructing, as part of the subdivision,footways and bikeways within any subdivision or adjoining road reserve.Footways shall be constructed within pathways to provide access to open space or to anyshopping or community facilities located within or adjoining the subdivision and withinopen space as required by Council.Bikeways shall be constructed in accordance with a Bikeways Plan adopted by Council.The design and location of bikeways shall be in accordance with the provisions of aBikeways Plan adopted by Council.5.15 Subdivision by LeaseIn the case of an application for approval of a subdivision where the subdivision is by lease(other than a lease with a term not exceeding 5 years without right of renewal) and theCouncil approves the subdivision, it may do so subject to the conditions which wouldapply had the subdivision been a subdivision other than a subdivision by lease.Where the application for approval of a lease subdivision or the lease document indicatesthat the subject land is proposed to be leased for a purpose requiring the town planningconsent of Council under this Planning Scheme, the Council may defer consideration ofthe application until an application for town planning consent for the proposed use islodged and the application determined. If the use proposed is one which is prohibited bythis Planning Scheme, approval of the proposed subdivision shall be refused.
- 135 -Notwithstanding the minimum frontages and areas prescribed by this Section for theSubdivision of Land, the Council shall have a discretion to approve an application inrespect of a subdivision by lease where the frontage and area of land proposed to be leasedor either of them is less than the minimum prescribed by this Section, if in the particularcircumstances of any such proposal, the Council considers it reasonable to do so. Inexercising its discretion, the Council shall have regard to whether the lease requires orpermits a building to be erected on the leased area, the period of the lease, and whether inthe circumstances the erection of a building on the leased area would, having regard to thefiontage and area of such land, constitute undesirable development.5.16 Amalgamation of LandAny person proposing to amalgamate existing allotments or lots may be required to carryout the following works to the satisfaction of the City Planner prior to the endorsement ofthe Plan of Survey of the amalgamation :-- disconnect or relocate water supply and sewerage connection points and conduits;----remove or relocate vehicle access points;relocate any electricity supply mains to the satisfaction of the relevant statutoryauthority;relocate or disconnect stormwater drainage lines;remove any building or other structure to ensure compliance with this PlanningScheme.5.17 Group Title Subdivision5.17.1 General(a) Except as otherwise provided in this section, the provisions of Section 5.1shall apply, with any necessary changes, to any group titles subdivision as if--a proposal in respect of a group titles subdivision were a proposedsubdivision referred to in Section 5.1; anda lot and common property were each an allotment; andan approval for group titles subdivision, whether or not subject toconditions were an approval in accordance with Section 6 of thisPlanning Scheme.(b)(c)Group titles subdivision may be carried out in the Non Urban, HillsideResidential, Residential, Medium Density Residential, Tourist Facilities,Central Business, Business, Commercial, Local shopping, Light Industry,General Industry and Waterfront Industry zones.The design of a proposed group titles subdivision shall be to the satisfactionof Council having regard to the fact that the Body Corporate may, at somefuture date, resolve to have the group titles plan extinguished.
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- Page 102 and 103: .-98-The minimum area of land which
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- 134-(h) The park must be maintained to a reasonable standard and for a durationdetermined by <strong>Council</strong> in the assessment of the application. At the leastclearing of weed species and mowing of grassed areas would be required priorto hand-over.Applicants not complying with these conditions will be bonded for an amount equalto the worlcs required to be completed. Such bond to be expended on their behalf ifworks are not completed within 1 year.5.13 Retention of Vegetation(4(b)(c)(d)Any person who proposes to subdivide land shall identify, in the proposal plan oron a separate plan, all significant trees and plant communities comprising treesand understorey, riparian vegetation and rainforest on the subject land.In considering an application for subdivision, the <strong>Council</strong> may requireamendments to the proposal plan or impose conditions relating to modifications toallotment layout, road layout, drainage, location of parks, water supply andsewerage provision so as to minimise the loss of tree or plant communities.<strong>Council</strong> may also specify areas such as future parks, drainage lines and publicareas where no clearing is to be carried out or where clearing is to be minimised.Where an application for subdivision is approved by <strong>Council</strong> and trees are to beremoved, <strong>Council</strong> may require the planting of advanced specimens of a suitablespecies elsewhere on the land.Vegetation is to be retained on all natural drainage lines and watercourses, unlessotherwise approved by <strong>Council</strong>.5.14 Pedestrian and Cyclist FacilitiesThe subdivider shall, for the benefit of the local community, contribute to the extension ofthe City's footway and bikeway systems by constructing, as part of the subdivision,footways and bikeways within any subdivision or adjoining road reserve.Footways shall be constructed within pathways to provide access to open space or to anyshopping or community facilities located within or adjoining the subdivision and withinopen space as required by <strong>Council</strong>.Bikeways shall be constructed in accordance with a Bikeways Plan adopted by <strong>Council</strong>.The design and location of bikeways shall be in accordance with the provisions of aBikeways Plan adopted by <strong>Council</strong>.5.15 Subdivision by LeaseIn the case of an application for approval of a subdivision where the subdivision is by lease(other than a lease with a term not exceeding 5 years without right of renewal) and the<strong>Council</strong> approves the subdivision, it may do so subject to the conditions which wouldapply had the subdivision been a subdivision other than a subdivision by lease.Where the application for approval of a lease subdivision or the lease document indicatesthat the subject land is proposed to be leased for a purpose requiring the town planningconsent of <strong>Council</strong> under this <strong>Planning</strong> <strong>Scheme</strong>, the <strong>Council</strong> may defer consideration ofthe application until an application for town planning consent for the proposed use islodged and the application determined. If the use proposed is one which is prohibited bythis <strong>Planning</strong> <strong>Scheme</strong>, approval of the proposed subdivision shall be refused.
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