Planning Scheme Provisions (3.9 MB) - Cairns Regional Council

-68-4. PERFORMANCE STANDARDS AND SPECIFIC PROVISIONS IN RELATIONTO PARTICULAR DEVELOPMENT AM) ZONES4.1 PreliminaryThe requirements of this Section shall apply to all development whether or not the consentof the Council is required under the Planning Scheme.Without limiting the generality of any provision contained in this Section or in any LocalLaw of the Council, no provision of this Section shall be deemed to confer any right toerect or use premises, or part thereof, for any purpose other than subject to therequirements specified in this Section or in the Local Laws provided that :-(a)(b)(c)The requirements of this Section shall not apply to uses which were existinglawful uses on the appointed day.Where an existing building or other structure occupied by an existing lawful use isextended or the area of land occupied by an existing lawful use is increased, therequirements of this Section shall only apply to the extension of the building orother structure or to the use of the additional land.Where, prior to the coming into force of this Section, approval has been obtainedfrom the Council for a development and the rights conferred by that approval hadnot been exercised on the appointed day, such rights may be exercised inaccordance with that approval.4.2 External Works and General Site Development Requirements4.2.1 RoadworksAny development, except for Animal Husbandry, Detached Dwelling, Relatives'Accommodation or Park, commenced after the appointed day (whether or not theconsent of the Council is required for such development under the PlanningScheme) shall be subject to the requirement that the use shall not be commencedunless the required external worlcs have been provided or carried out at theexpense of the owner or developer of the site. Alternatively, the Council mayaccept a contribution towards the carrying out of such works by Council inconjunction with a more extensive scheme of works planned and implemented bythe Council.Required external worlcs refers to the full length of the frontage of the site andincludes the construction of the following works to the requirements andsatisfaction of the City Engineer :-(4(b)(c)(d)(el8a formed and grassed andor paved footpath,kerb and channel on an alignment determined by the City Engineer;sealed pavement between the existing or constructed kerb and channeland the existing sealed pavement;where the road is not paved, construction of sealed pavement from theexisting or constructed kerb and channel to the centre line of thecarriageway or for a width of 6 metres, whichever is the greater;such drainage as the City Engineer deems necessary to satisfactorilycomplete the pavement works including inlets and outlets as may benecessary clear of the frontage of the site;any alterations necessary to public utilities, mains, services orinstallations rendered necessary by the construction of the works;