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.