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

- 82 -Parking areas provided for Shops, Shopping Centres and Major ShoppingDevelopments shall be located to the satisfaction of the City Planner so as tobe clearly visible from the road and so that pedestrian access is availabledirectly from the parking area to the shops.Council may permit roof-top parking in the Central Business and Businesszones. Only in exceptional circumstances will Council permit roof-topparking in zones other than the Central Business and Business zones.The Council, when considering a proposal involving the construction of acarparking area which does not, in the opinion of the City Planner, includethe provision of road and pedestrian linkages with adjoining carparkingfacilities, may whether Council approves such a proposal or not, require theapplicant to submit for Council's consideration a design indicating theprovision of such linkages as may be reasonably required to best provideaccess to adjacent parcels of land.The City Planner may require that access to the parking be provided fromtwo dedicated roads.In the case where a site has access to a State-controlled road, Council willencourage and may require access via a side road or long term intersectionpoint.A parking area required shall be :-(i)(ii)kept exclusively for parking;used exclusively for parking;(iii) maintained in a fit and proper condition for parking purposes.When a parking area is required in respect of a development on a site in theCentral Business District, as depicted on Figure 2, the Council may acceptor require from the person carrying out the proposed development amonetary contribution towards the cost of establishing public carparkingfacilities in the Central Business District. The contribution shall be held intrust and expended only for the provision and/or improvement of publiccarparking facilities within 800 metres of the site. The amount of thecontribution shall be determined by the Council by resolution from time totime and Council may determine particular contributions for particularsectors within the Central Business District.Adequate space shall be provided within the site for the loading, unloadingand fuelling of vehicles and for the parking of trailers if required, and for thepicking up and setting down of passengers. Internal vehicle circulation shallbe to the satisfaction of the City Planner.Notwithstanding any of the provisions herein, the Council may require theconstruction of a greater or lesser number of parking spaces or dispense withor modify any of the requirements contained herein if it considers that suchmodification or dispensation is justified having regard to the particularcircumstances including :-(i)(ii)the likelihood of generation of a greater or less than normal pealcparking demand, including requirements for staff,the location of the site in relation to existing or proposed publiccarparking areas and other parking areas;(iii) level of pedestrian accessibility;

- 83 -(iv) the nature of the proposed use including hours of operation andanticipated intensity;(v)the existing use on the site;(vi) the topography, shape, levels or depth of the allotment;(vii) the convenience and safety of vehicle access;(viii) the proposed layout and size of parking spaces;(ix) the provision of any Development Control Plan affecting the site.(x)to achieve the retention and/or the refurbishment of an IdentifiedHistorical Building;(xi) to achieve the retention of significant trees, significant groups of treesand significant species of trees which are included in Council'sRegister of Significant Trees or the retention of areas containing trees,shrubs or other vegetation which are included in Council's Catalogueof Tree Preservation areas or the retention of other trees which, in theopinion of Council, are worthy of retention.(m) Subject to the requirements contained elsewhere herein concerning theprovision of vehicular footpath crossings in relation to a particulardevelopment or use, exits and entrances for vehicles to and from the site,whether by way of an existing or proposed road shall be provided at anapplicants cost and to the satisfaction of the City Planner.(n)(0)Where it is a requirement that vehicular footpath crossings or parking areasbe provided, or that provision be made for the loading and unloading ofvehicles, the location thereof shall be to the satisfaction of the City Planner.The construction of all road and drainage works, parking areas and industrialcrossings shall be to the satisfaction of the City Planner.As a condition of approval the Council may require that kerb and channel,bitumen widening, footpaths, construction of roads, construction of bicyclepaths, relocation of public utilities or other similar works to be provided bythe applicant at his 111 cost.4.4 Amenity(a)In order to protect and enhance the overall amenity of the City, a development shallnot be carried out if, in the opinion of the Council, it would :-(i)(ii)by its design, orientation or construction materials, have or be likely to have adetrimental effect on the amenity of the area or of adjoining development, orplace undue restriction on the future development of land in the vicinity;cause or be likely to cause interference with the amenity of the area from theoperation of machinery or electrical equipment or from light, noise, shadow,vibration, smell, fumes, smoke, vapour, steam, soot, ash, grit, oil, dust, wastewater, waste products, electrical interference or otherwise.4.5 Landscaping Requirements(a)Where landscaping or fencing is required to be provided, it shall be designed toachieve the following objectives :-(i)To maintain privacy between the proposed development and adjoiningproperties and between uses on site, where necessary;

- 83 -(iv) the nature of the proposed use including hours of operation andanticipated intensity;(v)the existing use on the site;(vi) the topography, shape, levels or depth of the allotment;(vii) the convenience and safety of vehicle access;(viii) the proposed layout and size of parking spaces;(ix) the provision of any Development Control Plan affecting the site.(x)to achieve the retention and/or the refurbishment of an IdentifiedHistorical Building;(xi) to achieve the retention of significant trees, significant groups of treesand significant species of trees which are included in <strong>Council</strong>'sRegister of Significant Trees or the retention of areas containing trees,shrubs or other vegetation which are included in <strong>Council</strong>'s Catalogueof Tree Preservation areas or the retention of other trees which, in theopinion of <strong>Council</strong>, are worthy of retention.(m) Subject to the requirements contained elsewhere herein concerning theprovision of vehicular footpath crossings in relation to a particulardevelopment or use, exits and entrances for vehicles to and from the site,whether by way of an existing or proposed road shall be provided at anapplicants cost and to the satisfaction of the City Planner.(n)(0)Where it is a requirement that vehicular footpath crossings or parking areasbe provided, or that provision be made for the loading and unloading ofvehicles, the location thereof shall be to the satisfaction of the City Planner.The construction of all road and drainage works, parking areas and industrialcrossings shall be to the satisfaction of the City Planner.As a condition of approval the <strong>Council</strong> may require that kerb and channel,bitumen widening, footpaths, construction of roads, construction of bicyclepaths, relocation of public utilities or other similar works to be provided bythe applicant at his 111 cost.4.4 Amenity(a)In order to protect and enhance the overall amenity of the City, a development shallnot be carried out if, in the opinion of the <strong>Council</strong>, it would :-(i)(ii)by its design, orientation or construction materials, have or be likely to have adetrimental effect on the amenity of the area or of adjoining development, orplace undue restriction on the future development of land in the vicinity;cause or be likely to cause interference with the amenity of the area from theoperation of machinery or electrical equipment or from light, noise, shadow,vibration, smell, fumes, smoke, vapour, steam, soot, ash, grit, oil, dust, wastewater, waste products, electrical interference or otherwise.4.5 Landscaping Requirements(a)Where landscaping or fencing is required to be provided, it shall be designed toachieve the following objectives :-(i)To maintain privacy between the proposed development and adjoiningproperties and between uses on site, where necessary;

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