Planning Scheme Provisions (3.9 MB) - Cairns Regional Council

- 153 -(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.-*the particulars by way of documentary evidence or as othemiserelied on to support the claim that the use particularised is anexisting lawful non-conforming use which has been contained tothe date of the application; and-include such other information relative to the application as maybe requested by the City Planner, the Chief Executive Officer orthe Council.(d)(el(0An application made pursuant to this Sub-section shall be deemed not to havebeen made unless all the requirements and information required above have beensatisfied and complied with in full.An application shall, if it complies with the requirements outlined above and theAct, be the subject of a report and recommendation by the City Planner. Thereport and recommendation shall then be referred by the Chief Executive Officerto the Council, and the Council shall subject to and in accordance with the Act andthis Sub-section decide the application.Upon the application being referred to Council pursuant to this Sub-section theCouncil may :-(i)(ii)approve the application;approve the application subject to the alteration of one or more particulars,or subject to limitations on the extent of the area which the Council isprepared to register as an existing lawful non-conforming use; or(g)(h)(9(iii) refuse to approve the application.If an applicant fails to furnish the information or particulars required above withinthe time so specified by the City Planner, the Chief Executive Officer or theCouncil, the Council may, without further proceedings, refuse to approve theapplication or may hold the application in abeyance until such time as theapplicant shall furnish such information or particulars, but without prejudice to theright of the Council to refuse to approve the application at any future time if theapplicant has not then furnished such information or particulars.Where an application pursuant to this Sub-section is made within six months ofthe date of the Town Planning Scheme coming into effect or if, in the opinion ofthe Council, the application made does not give a full description of the land orstate precisely and fidly the nature of the non-conforming use or the plan does notproperly delineate any buildings or other structures in relation to the boundaries,the Council may direct the Chief Executive Officer to serve notice on the ownerand occupier of the subject land of particulars of the non-conforming use whichthe Council decides to be the true and correct information relating thereto andwlich the Council proposes to enter in the said Register.Where an entry is not made in The Register of Existing Lawful Non-ConformingUses in respect of any land or any building or other structures thereon, the onus ofproving that there was a non-conforming use being lawfully carried out on thatland or in that building or other structure at the appointed day, the precise natureof that non-conforming use and the precise extent of the land, building or otherstructure on or in which it was being carried on, is upon the person alleging theexistence of the lawful noii-conforming use.