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
- 154 -(i)Where the Council grants any consent in relation to any non-conforming useunder a Town Planning Scheme as aforesaid, it shall cause particulars thereof tobe entered in the Register of Existing Lawful Non-Conforming Uses.6.16 Register of Existing Lawful Fettered UsesA person -(4(b)claiming to be lawfully using any premises for an existing lawful fettered use; orwho is the owner of premises which he or she claims are being lawfully used foran existing lawful fettered use;may make application to the Council for the use of those premises to be registered inaccordance with this Sub-section.The Council shall cause to be kept a register to be called the "Register of Existing LawfulFettered Uses" wherein shall be kept particulars of uses of premises currently registeredunder this Sub-section and such register shall be open to inspection.An application made pursuant to (a) or (b) above shall :-(4co)be made in writing, in the prescribed form;include such particulars and other information relative to the application asrequired by the Council;(c) be accompanied by :-an application fee of an amount as determined by the Council by resolution;a plan of the site, which :-(i)(ii)is numbered and dated,contains a north point,(iii) is drawn to a metric scale of 1:100, 1:200, 1500, or such other scaleas may be approved by the City Planner,(iv)(v)shows the boundaries of the land to which the application relates orapplies referred to their lengths in metres and bearings (if possible)and the street or streets to which the land or any part thereof abuts(where the land comprises part of an allotment or part of more thanone allotment or more than one allotment, the boundaries of thatallotment or those allotments shall also be shown),shows details of all buildings or other structures erected on the landand the distance in metres from the nearest point of every suchbuilding or other structure to the boundary of the land,(vi) shows details of any areas other than buildings or other structureswhich are used as part of the existing lawful fettered use,(vii) includes, where requested by the City Planner, the Chief ExecutiveOfficer or the Council, details of the internal layout of all buildings orother structures to which the application relates, and(viii) includes such other information relative to the application as may berequested by the City Planner, the Chief Executive Officer or theCouncil.
- 156 -6.17 Preservation of Earlier Conditions of ApprovalSubject to any variation of conditions made under the provisions of the Act, the conditionsof any rezoning approval which attach to land immediately prior to the commencement ofthis Scheme shall continue to attach to that land and bind its owner and the owner’ssuccessors in title so long as any one of the following conditions is satisfied :(4(b)(c)any use which was a lawful use of the land immediately prior to thecommencement of this Scheme continues to be a lawful use of the land; orany use which was a permitted use of the land immediately prior to thecommencement of this Scheme continues to be a permitted use of that land; orthe land retains the same zoning as it had immediately prior to the commencementof this Scheme.Where a consent use becomes a permitted use then subject to any variation of conditionsmade under the provisions of the Act, the conditions of any town planning consent whichattach to land immediately prior to the commencement of this Scheme shall continue toattach to that land and bind its owner and the owner’s successors in title for so long as anyuse which was contemplated by the town planning consent is a permitted use of that land.Should the conditions or any of them be varied under the provisions of the Act, theprovisions of this clause apply to the conditions as varied.
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- 154 -(i)Where the <strong>Council</strong> grants any consent in relation to any non-conforming useunder a Town <strong>Planning</strong> <strong>Scheme</strong> as aforesaid, it shall cause particulars thereof tobe entered in the Register of Existing Lawful Non-Conforming Uses.6.16 Register of Existing Lawful Fettered UsesA person -(4(b)claiming to be lawfully using any premises for an existing lawful fettered use; orwho is the owner of premises which he or she claims are being lawfully used foran existing lawful fettered use;may make application to the <strong>Council</strong> for the use of those premises to be registered inaccordance with this Sub-section.The <strong>Council</strong> shall cause to be kept a register to be called the "Register of Existing LawfulFettered Uses" wherein shall be kept particulars of uses of premises currently registeredunder this Sub-section and such register shall be open to inspection.An application made pursuant to (a) or (b) above shall :-(4co)be made in writing, in the prescribed form;include such particulars and other information relative to the application asrequired by the <strong>Council</strong>;(c) be accompanied by :-an application fee of an amount as determined by the <strong>Council</strong> by resolution;a plan of the site, which :-(i)(ii)is numbered and dated,contains a north point,(iii) is drawn to a metric scale of 1:100, 1:200, 1500, or such other scaleas may be approved by the City Planner,(iv)(v)shows the boundaries of the land to which the application relates orapplies referred to their lengths in metres and bearings (if possible)and the street or streets to which the land or any part thereof abuts(where the land comprises part of an allotment or part of more thanone allotment or more than one allotment, the boundaries of thatallotment or those allotments shall also be shown),shows details of all buildings or other structures erected on the landand the distance in metres from the nearest point of every suchbuilding or other structure to the boundary of the land,(vi) shows details of any areas other than buildings or other structureswhich are used as part of the existing lawful fettered use,(vii) includes, where requested by the City Planner, the Chief ExecutiveOfficer or the <strong>Council</strong>, details of the internal layout of all buildings orother structures to which the application relates, and(viii) includes such other information relative to the application as may berequested by the City Planner, the Chief Executive Officer or the<strong>Council</strong>.
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