TEXT AMENDMENTS MADE TO THIS SCHEME Reference Number … · 2014. 7. 9. · TEXT AMENDMENTS MADE TO THIS SCHEME Reference Number Date of Gazettal Referral Document 14 - 6 - 9h m ‘hq

TEXT AMENDMENTS MADE TO THIS SCHEME Reference Number Date of Gazettal Referral Document

14 6 9h m ‘hq Re?nw - -

9-Z-96 .

3 * - -

ISSN 0155-9370

Vol. CCXCV] SATURDAY, 22 DECEMBER, 1990 [No. 120

ORDER IN COUNCIL At the Executive Building, Baby&the twentieth day of December,

Prese”t: His Excellency the Gweraor in Council

HIS Excellency the Governor, acting “r

and with the advice of the Executive Council and in punvance 0 the p&ions of the Local Government Act 19361990. hereby notifies -

(a) that he has approved in part the towt planning scheme for the Shire of Mitani pursuant to the ptwisiotts of the said Act; and

(b) ~7-t the towt planning scheme as approved in pat shall consist

(i) the provisions contained in the Schedule hereto; (ii) the scheme maps refemd to in the Schedule hereto, being

grpsyed for identification by the Clerkof the Executive

(iii) the Strategic Plan consisting of - (AI Part “A” contained in Aocatdix A hereto: and ;B; Part “B” contained in thedwument marked “Shire of

Mirani Strategic Plan . Part B . Supporting Information; and

Division WI Horels Divtionlx c‘7ravanp& DiVisiO” x Lkivc-i”dtenaer Division27 Other fJse.t

PART I DEFINITIONS

1. In this towt planning scheme, unless the context othetwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say-

(iv) the by-laws made by the LDeaI Authority to implement the scheme and to provide for, regulate and control the administration and execution of the scheme. “Agticultute” - Any premises used for the growing of crops, fruit,

vcretables and the like for business and eommereial oumoses~ T6 term includes harticulturc;

“Allotment” -Anypiece,parceI orsubdtiion of land the boundaries of which are swaratelv defined bv metes and bounds on a alan

E. J. BIGBY, Clerk of the Council THE SCHEDULE

THE TOWN PLANNING SCHBME FOR THE SHIRE OF MIRANI

of survey dep Surveyin or i 1861-19 &?,*i 8 of such land th

Thistowttplanningscheme mtttptises the Schcdulcand therhememaps. The Schedule is divided into the following Pam and Divisions, nattte!y+

ksited.in the D&partment of Mapping-and n the case of land under the Real Propmy AC, ch has been subdivided, any and evetysubditision e boundarks of tiich are separate@ defined by

metes and bounds on the t-clcvant plans of such land registered aiththcRedstrarofTitlcavnderandinacmrdaacewith the&al ‘%piyActl861-1988 or in the case of lands under the Miners’

~eodLzawActl91L199Owhich harbeensubdiided.anv c,, If< and crew subdivision of such land the boundaries of wtticd in&

PARTI - PART11 -

Divirion I

DEFINITIONS ZONING

sepamteiydefined bytnetes and bounds on the relevant plans of such land registered with the Division of Information

* Depattment of Lands under and in accadancewith the Miners’ YM(eo I$ onus%cadLeawActl913-N9~. The term does not include a

al-d I- lot hetd under theSuil&tgUtitsmtdGmup TirlrrAcr198@I988;

14/6/q& “Animal Husbandty’ -Any premises used or intended for use for the

purpose of keeping, dcpasturingoratabling~f anyanimal, bird, reptde ortnsect.Tbe term includes the keepingofbees, but does not include domestic pets, kennels, piggery, a stable, veterinary clinic or vetcrinaty hospital as hcrein defined; -

PARTIV . EXISTING LAWFUL FElTERED USES PART” . PROVlSIONS APPLYING TO ALL

DEVELOPMENT WHETHER CONSENT IS REQUIRED UNDER THIS SCHEME OR NOT

117749-209

1986 QUEENSLAND GOVERNMENT GAZETTE, No. 120 [22 December, 1990

“Building” - Any fiicd *tmcfure, which is either wholly or in part

'hrildl'n, enclosed bywalls and which is roofedThe term includes any*** of a buildine:

>;\tc” k- -’ Bulkstore” - Anypremisesuhed mintended to be used forthebulk

amd 1. storage of goods, where the goods stored or to be stored are “Of

l’t/b/4b required for use in a shop 01 commercial premises on the same parcel of land or on adjoining land in the Same cwnenbip The term dots not include * warcbause as herein defined;

“Busdepot” -Anyprrmi~usedorintendedforusefortbcwcmighf storing of buses or other road transport paasengervchiclcs;

“Caravan” A wheeled unit ca able Moror Vehicles ConoolAcl P

of being regi&ered under the 9751988fortowingora unitwhich

does not compl with the provisions of the Building AC, 1975.1988 for a

f ” bein lass 1 or Class III building which is capable of

readilytranspaaed bytrailerorothervehiele, designed for we 01 res~dcntml purposes. The term includes self-propelled units of a similar nature and any appmvcd annexe attached theretoand used inmnjunetionailhsucbunit,pmvidedfhatthe gros “oar *rea of such annex does “Of exceed the gross “wr area of such unit. The term does not include a relocarable home a* herein dctined;

“Caravan park” - Any premises used or intended for USC far the parking thereon of caravans, relocatable homes and the pitching of tents. The term includes the erection and use of cabins far providing overnight or ba,idayaccommodation and the erection and use at a kiosk for the exclusive use of the patrons of the caravan parkwhere such kimk and cabins arc provided within a caravan parlr;

(b) panel-bcatingwbich involves dismantling; or (c) spraypaintingather than of a touching up character. The term does not include a motor vehicle sbowmam as herein dCfl”Cd;

“Caretaker’s residence” -Any premises used 01 intended far USC for caretaking purposes, in connection with an industry 01 other USC conducted an the same parcel of land. The renn includes any dwelling-how or nat provided for a pxaon engaged in a use lawfully established on the same *be:

“Caterer’s ~wm” - Any premises used or intended for use for the holding of rcccptians at which fwd is sewed. The term does not include a catering shop 01 hotel as herein defined;

“Catering shop” -Any premises used a intended for use as a shop included in Appendix* hereto:-

APPENDIX I

“Commercial industry” - Any premises used 01 which is intended for use for a purpose which is (a) included in but not limited to Appendix II hereto; or (b) in the opinion of the Council consistent with the purposes

so listed in Appendix II and which - (i) is carried on in a building or atherstmcture occu

not more than two hundred (ZCQ) square metm 0 PT .“g the

area of the land u f *tructure is situate

an which such building or other ;

(ii) does not, in the opinion of the Council, impose a load on anvlocal utili~araublieutilihrundcrtakinppreatcr

Dremr&ing Dlycleaning and dyeing Duplicating and copying services Electrical 01 electronic eouinrnent or amliance

repairingorsenieing 1 I I’ Film developing and printing laundromats Locksmiths’ establishments Millinery manufacturing Photographic studios Piano tuner’s and repairer’s establishments saddlelies S N goods repairer’s establishments T&r’swork.shops Watchmaker’s establishments;

“Council” -The Council of the Shire of Mirani; “Development” The carrying out of any build& etimctive industry,

orengmeeringopemtions in, an,orunder,and, orthe makingof any material changes in the use of land or a building;

“Domestic pets” - Any premises used or intended for use to accommodate animals, birds, insects, reptiles or fish which arc kept for the protection, pleasure 01 recreation of the residents therein andwhich are included in but not limited to Appendix I,, hereto:.

0mair;ental fish Poultry (not more than twenty (20) mature birds)

“Educatianalestablishment” -A”ypremisesusedorintendedforuse asaboardingschoal,kindergarten,childmindingcentre,dayeare centre, college, technical colle e academy lecture ball cultural centre, gallery OI nl”seYln. ph;, term .&es not influ& an Institution as herein defined;

“Erect” -includes - (a) erect o* commence 01 continue to erect; 01 (b) do, orcommence o~continue toda, anyworkin the course

of or for the pu’posc of erecting, OI

(d) moveframonepositiononanallotmenttoanothcrpasition onorpart,yon thesame a,lo~menforanotberallotmcnt; or

(e) rc-crect with or without alteration an or partly on the same OI another allotment; or

(f) where a building is located on more than one allotment (i) move to anatherpasition on the same allotment or any

of them or to another allotment or allotments; (ii) re-erect with or without alteration on another position

on the same allotments or any of them or on another a,,otment or allotments;

“Existinguse” -Anypremises.used or intended forusefarthe purpose forwhich it was lawfully used immediate,ybefore the Appointed dayorfor~hichaconsenthasbeengra”tedbytheCouncilbefore the Appointed day and the consent has not expired or been revoked by the Council;

cyc,c,repairing - Dancmg teaching

22 December, 19901 QUEENSLAND GOVERNMENT GAZETTE, No. 120 1987

“Extractive industfl -Any premises used or intended far use for the purpose of carrying on an industry involving the extraction of sand, gravel, turf, soil, rock, stone or similar substance 26 such and when cmicd out on such land from which such substances

*FaVWk4 are extracted 01 on land adjacent thereto, the frcatm~nt of such

4u&

substances and the manufacture of materials from such substances. The term dces not include the removal of materials autharised by Section 32(13) of the Local Govcmmm* Act

cm-d3 19361990 nor a mine within the meaning of the Mining Act 1968-1986 Of regulations made pvnuanr thereto;

q3 Iw z?ght terminal” - Any premises wed o* intended for use ah a terminal for the receipt or d

% atch Of gooda and the storage far

short periods of svch gc.xIs. e term includes parcel delivery depots,courierdepau,fumitu~~mwa,depouandthe,ikebut dces not include a Noxious transport &pat or a Transport terminal as herein defined;

“General industty” - Anypremiscs used or intended for use for the purpose of canyin on a” industrywhich does not fall within the other categories 0 f mdustty as herein defined;

“Heavy Indwtty” . Any premises used or intended for use for the purpose of ranyi”g on an industry which is -

(a) included in but not limited to Appendix N hereto; or

(b) included in Appendix Vl but does not comply with the provisions applicable to Light industry or

@) ?ot, in the opinion at the Council, a Noxious 01 hazardous ,“d”Stl)-

APPENDIX N

Bottle depot and works calawn ma”“fact”ri”g ch”e”t prcd”cts works Coach builders concrete prcdvcts man”fact”ri”g and depots Contractor’s yards (heavy equipment) Dailyprcducts manufacturing Diecasting Distillcries Engineering works (heavy) FiJ”i$;h man”faa”nng

~kvaJr~getable pmcesing works

Grinding mills (cereal) Hatire manufacturing House-remwing depots Ice-cream manufacturing lndumial bin ccmtractcm depot Ice works km and Steel works Matblc and te- works Machinery and implement manufacturing

i%iEiAEZg Paint spraying Panelbeatnlg works Piping manufacturing P,ywrxd mills Radiator manufacturing Rooting materials manufacturing Sand, gnvel and stone crushas, screeningplantt

depots SawmiOs, timberyxds, fencing pasts and palings

depots Scrap metal merchants Sheet metal works sports goods man”fact”ri”g Steel fabricating works Stock f”od manuf.¶cturing Stonemasons Too, manufacturing Tile works Welding Wire products manufacturing

i and

“Home occupation” - A” occupation or profession carried on, in or under a dwelling-house or within the currilage of a dwelling-house by a person resident tbcrein and in the conduct of which -

(a)

(b)

no source afpaveratberthan one (1) armoresinglc-phase electric motonof notmore thanpoint four(0.4) kW paver is used provided that the total CI drawn by a,, “IO~OIS does not exceed one point rive r 15) kW

the “mr area used (whether temporarily or pemlanently) does “at exceed more than one tixrd (LB) of the total “c-x area of the dwelling-house, except with and in accordance with the condition of a” eqxes permission of the Council;

(4

(4

(e)

0-I

nosignotherthanasignna~exceedingzcropainttbree(O.3) square metres in area and bearing only the name of the occupier and of the occupation is displayed;

not more than three (3) persons, one (1) of whom is the registered proprietor, are engaged; and

there is no public display of goods on the premises and “a sale of goods manufactured OI fabricated at locations other than on the premises.

The term does not include any occupation 01 profession which causes injuly to or has a prejudicial effect on the amenity of the locality in which it is carried on due to the emission of noise, vibration, smell, fumes, smoke, vapour. steam, SW& ash, dust, grit, oil, waste products or thingwhatsoever;

‘Hospital” - Any premises used or intended for use as a hospital, sanitarium, nursing home or home for in@, incurable or convalescent penons. The term includes buildmgs and other S~NC~YI~S associated with such uses. but does not include an Institution as herein defined;

Wotel” Any premises used 01 inrended for use far a purpose specified m a licensed victualler’s license, a limited hotel license, or a tavern license issued under the LiporAa1912-1989;

“lndaar entertainment” -Any premises used or intended for use for an

B activity, pu- or pursuit which affords OI is calculated to

af or* ~nte~toramusementimspectiveofsrbe*bcrornotf~d is pro*ded.Without limiting the generality of the foregoing the tern mcludea the use of premss for an of the activities, purposes or pursuits included in Appendix J hereto:-

APPENDlX ”

Amusement halls Asociatio” halls Bazaars (indoor) Bolv,ing Centres Bmadeasting studios Cinemas Circuses (indwr) Clubs (non-rcsidentia,) Concert halls

Dance liaos Exhibitions (index) Friendiy society halls Gvmnasiums L&c halls Meeting halls (other than places of worship) Music halls PRmises specified in a cabaret liceme issued under

the LiquorAct 1912.1989 Public hills Schook of Arts Side shoxa (indoor) Skatina rinks (indoor) sq”aslim”rts‘ Stadiums (indoor) Theatres (indoor)

“Industty” Any premises used or intended far use for any of the following operations

(i) a”ymanufacturingpm wbetbcrar”ots”cbprcces results in the production of a finished article; or

(ii) the breaking up 01 dismantling of any goods or any articles for tmdc, sale or gain, OI ancillary to any business; or

(iii) the extraction of sand, gravel, turf, soil, rock, ore.stone, or similar substances from land; or

(iv) repairing and servicing of articles including nhicles,machinely. buildings or other structures; or

(v) any,aperation connected with the installation of cqwpmcnt and services and the extermination of pests but not including cm-site work on buildings or other S,NC~UICS or land; or

(vi) the dismantling of motor v&ides, wbethcr the dismantling is carried out by one (1) operation or by a saics of 0perations;and

(b) When conducted a” land “pa” which any of the above operations are carried an -

(i) the storage of goods used in connection with or resulting fmm any of the above operations: LX

QUEENSLAND GOVERNMENT GAZETTE, No. 120 [22 December, 1990

(ii) the provision of amenities far persons engaged in such operations; or

(iii) the sale of goods, resulting from such operations; or

(iv) anywarkofadministrationoraccovntingincannectian with such opemtio”s; and

(e) Anyindusttyoranyclas of industry, particularly described or defined in this scheme;

(d) A branch of an industry o* a gmup of industries;

“Institution” -Any premises used or intended for use as -

(a) a hame 01 other institution for mentally 01 ph~ically handGapped penons; or

(b) a mental hospital; o*

(c) a penal or refonnatoty institution; 01

(d) an orphanage, childrem home; 01

(e) a home or institution for poor of disadvantaged penans;

“Junkyard” - Anypremises used or intended for use in the collection, storage, abandonment or sale of scra or used for the collecting, t!

materials or scrap goads, dismant mg, starage, salvaging or

aba”do”mc”tofautomob~,esorathervehiclesormachine~a”d for ,hc sale of parts thereof;

“Kennels” -Any premises used “I intended for use for the breeding or boarding of dogs or cats or bath for commetial gain;

“Licensed club” -Anypremises used or intended for use forapurpose s eeiried in as artin or registered club license issued under the L&w Ac, 19~.-1988;

“Light industv - Any premises used or intended for USC for the purpose of an industry which is -

(a) included in but “of limited to Appendix M hereto; or

(b) i;dr~“,;~o$ip,:,;~t~he Council consistent with those

(c) included in Appendix II but does not comply with the provisions appbcable to commercial industry; and which mmplies with the followi”gprwisio”s, that is to sap

(i) it, together with 8”~ similar or associated USC a” the sane land ara”yad,acent land “wnedbyanycompany, pemxt, firm 01 undertaking associated with the person conducting the light industry dws not occupy a” area of more than one (1) hectare;

(ii) it does not require a special mi, aiding,

(iii) it is not, in the “pinion of the Council, likely to cause nuisance or annoyance to pasons or adversely affect property not ass&ted with the occupation by reason of the emission of noise, light (whether steady “I flashing)? interference with radio 01 television t*ansmissmn or reception, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste liquids, waste pmducts, grit, odor for any other ~easo”;

(iv) it dw not, in the opinion of the Council, involve the disposal of such quantities of waste as, in the opinion of the Council-would be like@ to overload the Council’s sewerage reticulation system in the locality “I Other waste disposal systems;

(v) it does not, in the opinion of the Council, by reason of the carriage af goads “I materials used or produced thereby create traffic upo” public roads in the locality in whtch the industry is carried on which causes congestlo” OI aanger to “SeTs ot SYC” ro+ or requtres roads of a higher standard of co”~tructm” than those required far the normal development of the locality in whxch the industry is carried on:-

APPENDIX VI

Laundries Lawn “lOweI repairing Milk depots Plumber’s yards and workshops printing works Soft drink and cordial factories Shoofitters’ deoots Tad repairingLand sharpening Tyre repair stations “pholstering

‘Liquid fuel depot” -Any premises used or intended for use for -

(a) the storage of petrol, oil, petroleum products and other flammable 01 combustible fuels for commercial distribution;

(b) the storage of drums containing petrol, oil, petroleum products OI other “ammable or combustible fuels for commercial distribution.

The term dces “at include a &vice stati”” as herein deiined;

“Local store” - Any building or other structure or part thereof “at exceeding one hundred and fifty (150) square metros in grass floor area which is attached to a dwelling-house and

(a) is used 01 intended to be used primarily for the sale, by retail, of a aide range of food-stuffs: and

(b) at no time contains more than three (3) shop assistantq

“Local utilities” - Undertakings for the supply of water, electricity or gas 01 the pmvisio” of telephone, sewerage or drainage services provided that this shall not Include the erection and operation of any of the follawing

(a) electricity power lines, transformers or switching stations operating at or in excess of one hundred and thirty two thousand (132,OQO)vo,tq

(b) any building or other structure (other than a pale or mast supPorti”ge,eetricityortelcphancli”es)havi”ga~oorarea greater than five (5) square metres.

The term does not include Public utility”rSpecial use as herein defined;

~l.0, feeding of stock” - Any premises “sed 01 intcnded for “se for the keeping of more than one hundred (1W) animals in a” endcare where vegetation growing in the enclosure is not intended to be used to feed the animals and the density within the enclosure ‘5 greater than fifty (50) animals per hectare. The term does not tnclude Animal husbandry, a Piggery, a Poultq~ farm or a Stable as herein defined;

“Machinelyshowoom” -Any premises used or intended for use for the display or sale of agricultural, pastoral and stock handling machinery or implements and their accessaries. The term includesthestorageforsalepurpasesofanypetmleump~ducts, agricultural or horticultural preparations 1” sealed containen and the servicing of agricultural, pastoral and stock handling machinelyorimplcments and their accessories when carried out in conjunction wth such display “I sale;

“Motorvehicle showroom” -Any premises used or intended for use fortbe displayorsale byretailofmatorvehicler and accessaries or ~aravanh and accessoties or boats and accessories. The term indudes, 4~” carried out o” the same land, the servicing of motorvehie,es,earaM”sorboalla”dtheiraecessaries.Iheterm does not include a Car repair station, Machinery showoom or She-m as herein defined.

“Nodousorhazardous industry” -Anypremises used or intended for use as an industry which is included in but not limited to Appendix”,, hereto:-

APPENDIX VI,

Dlyclea”i”gworks Ekctrica, appliances materials and signs

ma”“fact”ri”e

Abattoirs Acid ma”“fact”ri”g Animal by-products ma”ufacturing Aqua-ammonia depots Asbestos products works

Blwd and bone mills Boiling down works

22 December, 19901 QUEENSLAND GOVERNMENT GAZETTE, No. 120

g;;e~e;he"wm and ,mttelywo*ks

Cement and lime works Chemical works Cancrete batching plants Crushing mills Disinfectant, pst destroyers and germicide

manuf*c*unng stiller& plosives manufacturing and storage depots

Galvdniaed-imcworks Gasworks Hide, ski” and ta,,aw sfo*es Knaekeries Meat prexming and pmcesringworks Paint manufacturing Paper mills Plastic manufacturing Poison man”fact”ri”g Pouhy abattoirs and wing housea Slaughter-houses Smelting works Soap works Sugar mills TCUlCiCS Turpentine manufacturing

“Notious transpon depot” -Any premises used o* intended for use as a depot connected with the trampa? of smek 01 animal products 01 human 01 industrial vastes of a noxious 01 offensive nature. The term indudes pxmises used to store vehicles 01 eo”tai”enm”“cct~d~thsuebuscbufdocs”oti”c,udea Freight terminal or a Transport terminal as herein defined;

“Off-street carparking” - Anypremisesuscd or intended foruse solely far the temporary pa*ki”g and/o* fern vehicles. The tam doca not include p”

“‘y storage Of mot01 of &~ef parking required

in association with uses permitted by the Scheme;

“Outdoor e”tertai”mc”t” . Any prrmiscs used o* intended for use for the pu- of a”

r activity, pupae orpursuitwbich affords

or is calculated to af ord 1”terc.Q o* amwment irrespective of whether o* not food is provided without limiting the generality of the foregoing. The term includes the use of any pmmises for a” of the activities, pu-poses o* punuiu included in Appendix ” r II hereto:-

APPENDIX VIII

Cbildren’spl~unds Circuses (outdoor) Caursin traek.5 Courts uncovered) k Drive-in theatres ppions

Fauna and/o* flora sanctuaries ~a~;l car, boat o* aemplane opcmtions

Picnic races Race tlaeks Showgmunds $e”&ox (outdoors)

Sporting arenas, being a field, gx’ee”, rink, o*wate* Stadiums (outdoor) Theatres (outdmr)

“Pippety” - Any prrmises used o* intended for use for the keeping depasturing, feeding orw-atering of pigs;

“Place at worship’ - Any premises wd o* intended for USC as a church, chapel o* other place of wornhip orrel@ou i”stmctio” or place used foor the purpose of religious trainmg;

“P*emisw”-Any,and,huildi”go*othe*structu~o*a”ypartthe*eof; alidl “Publicutility” -Anypremisesused orintended for use foranyafthe

[q/6 bc fallowing undertakings, “ame,yz-

(a) a railway, tramway, road o* air transport, whati, hadxxur, sea or river undertaking;

(h) major undertakings for the supply of wafer. hydraulic power, electricity OI gas 01 the provision of radio broadcasting, television, telephone, sewerage, “I drainage setices;

“Relative’s apanment” -Any premises used 01 intended for use as a flat annexed to a dwelling-house where the flat is aeeupied o* intended foor occupation by a relative of the ~wne* who is the occupant of the said dwelling-house;

“Relocatable home” -A residential unit that complies in a,, respects with the ptisions oftheBuildjngAcrl97S-1988 for a Class IO* “ass III building, factoq assembled or built in components and asscmhledonsite,eapableofbei”gtranrportedbytrai,e*o*otbe* vehicle, for which building appm~, has bee” granted on a” approved site within a carat” park;

“Roadside stall” - A”yp*emises,whethe* fared ormoveable, fronting amad and usedorpmposed tohe wdorcapableofbeingused, fo*tbepurpaseofdisplay’“gfo*sa,etothep”era,pvb,icafrura, produce,exc,udi”gma”ufaetu~d*pnrrcsedgooda,whe”sucb manufactured orproeersed gwds are not ancillary to the sale of rural pmduce;

“Rural building” -Any premises uud 01 intended fo~f the sto?ge of farm implements o* produce for the faarm 01 tivch the hudd]“g a*athe*strueturrissaed.The termdoesnot~neludeanyhuildlng or ocher structure for we as a daily, 01 a stable, o* for use in associationwith animal hvsbandly o* any use qamteiydefmed in the town planning scheme;

‘Schememaps” -~emapsformi”gpa*ofthistwnp,an”i”gsrbeme approved by the Governor in Council and signed co* identification by the Clerk of the Executive Council, caples whereof are open at the office of the Director of Local Government and at the office of the Council:

“Servlcestatio”” -Anypremises used “*intended for use o”b,fo* the retail ofpetm, and automotive distillatearanydenvativ~

able of use in internal combustion enginesand for e fo,,owi”g pu’poses, “amel~-

(a) The sale by retail of -

(i) lubrication ails and greases; 01

(ii) batteries and tyxs; o*

(iii) accessories and other things associated with vehicles motivated by internal combustion engtnes; 01

(iv) paver and lighting kerosene? o*

(b)

(i) the fitting, removal and exchange of tyres; 01

(ii) the repairing of tubes; o*

(iii) the supply of air; o*

(iv) the charging af batteries; “I

(v) the lubrication and greasing of motor vehicles; 01

(ti) the cleaning and adjustment and replacement of sparkplugs; OI

(vii) the receipt of ws far retreading and other pmces~e~ and the redelivery thereof; o*

(viii) running repin of a minor nature and of a typo which da not normally immobilise a vehicle for a period longer than two hours; o*

(ix) the mashing of mot”* vehicles; o*

(c) The *e?deri”g of minor sewices incidental to any of the fo*egol”&

“Shop” -Any premises used o* intended far use for the purpose pf displaying OI affering goods for sale to memben of the pubbc. ‘Xix term includes incidental storage of such goods on the same prrmisea but does not include a” &‘ie~ltum, ah owm.xn. Bulk store, Car repair station, Catering shop, Hot?,, Junk yard, Local store, Motor vehicle showroam, Selvlee statto”, Warehouse as herein defined;

“Showroom” -Any premises uSed primarily far the displa of goods whether o* “at any such goods are sold thereat. %I e term includes, tie” carried out on the same site, the use of any office in connection with such premises and the seticing of minor *epairi”g of gmds displayed o* sold thereat. The term Includes showroom for the display of camping goods, carpeti, electrical gwdsa”dfurniturrbutdoes”oti”c,udeaM?chi”elyshowroom, a Shop, “I Motor vehicle sho-m as here,” defined;

“Site population density” -The population density of a site used for aecommodatio”u”itsa”dmultiple4~elli”gsbasedupo” M(2) peaans per bedroom far the first bedroom and q”e (1) penon per bednam foor each additional bedmom per u”lt;

“Special use” -The use of any land, building “I other S~~YC~YT~ fOC-

(a) cemeteries, rrematoria;

(b) Federal Govemmentpurpa~es;


(c) Local Government purposes;

(d) state Gcwemmentp”qmes;

(e) Stat”toIyA”thority; OI

(0 any other public pqwses “at specifically included in any other definition contained in this Part. The term does not include Local utilities and Public utilitiesas herein defined,

“Sports and recreation” -Any premises used or intended for use far any activity which is -

(a) included in, but “at limited to Appendix IX hereto;

(b) not in the opinion of the Council, likely to cause nuisance or annoydnce to persons or adversely affect property not associated with the activity; The term includes the erection of club-houses and ancillary buildings associated with the activities listed:.

AFPENDIX IX

Archery Basketball Boating (land facilities) Bowliling

dOIf CO”rseS National fitness ~cntm Pony club arcas Pony tdking Riding schools Commercial orcommunityswimmingpaals (indoor

and out&wr, Tennis mm.s ' Youth centres

“Stable” -Anypremisesused orcapableofbeingused farthe stabling or kccpingofaborseorofherquadruped,and includcsanyshed, lwse box or stall used or capable of being used for the keeping, stabling, feeding, aatering, grooming, shoeing or veterinary treatment of a hone or other quadruped. The term includes a roofed yard;

“Stockyard” -An premises used or intended for UK for the holding of livestock or commercial purposes. The term drier not include tJ a Stable or Rural building as herein defined;

5tock salesyard” - Any premises used or intended for use for the purpose of offering animals for sale and includes a public livestock market;

Transport terminal” Any premises used 01 intended for use as an aerodrome, * road transport passenger terminal, a water transportpassenger terminal, a busstation or heliport. The term does not include the storine of buses or other road tranr~n passengervehicles; -

‘

“Use” - In relation to land, includes the carrying out of excavation wqrk in or under land and the placing cm land of any material or th~ngwhichisnotabvildingarotherstructurr.Thetermincludes any USC which is incidental to or associated with the use of the land in question;

“Veterinalyclinic” - Any premises used or intended for use inwhich aveterinarysurgeon orveterinarian treatstheminorailmentsof domestic animals and household pets where animals or pets are not retamcd overnight;

“Veterinmy Hospital” -Any premises used or intended far use for the longtermtrcatment ofsickanimalsandpetsand includes the accommodation of such animals and pets, overnight or longer;

“Warehouse’- Anypremisesusedarinrendedforuse forthestorage ofgwds, merchandisearmaterialsin largestocks~huhetberornot such storage is required for an adjoining shop or other cammereial premises, pending their distribution or sale to persons who pvrchase for the p”qxxe of resale only;

“Zone” The divisions respectively into which the town planning scheme area is divided by this town planning scheme far the purpmes thereof.

Where any term used in this towx planning scheme is not herein defined but is defined in a by-law, the term shall for the purposes of this townplanningscheme and unless the contextotherwise indicates or requires, have the meaning assigned to it by that by-law.

Any questions as to whether a use 01 pm sed use falls within a definition of a class of uses defined in this B” art shall be determined by the Council.

PART II

ZONING

Division I- Division of Town Planning Scheme Area info Zones

1. For the purposes of this toam planning scheme, the tow” scheme Area is hereby divided mto zones as set out in the P

lanning ollowng

Table and the areas so designated an the scheme maps are hereby declared to be within the zones as indicated by the designation given in the Table:.

THE TABLE

Number Name of Zone cdour code of Zone

Residential “A

Residential “B”

Rural Residential

Village Residential

Light Inciust~

Heavylndustty

Noxious or Hazardous *“*“Sly

Public Open Space

Private open Space

Special P”rposes

Special Facilities

Dark blue

Pink

Pinkwith black diagonal hatch

Light brown with red border

Pinkwith a blue edge

Light ,x@e

Darkpurple

Dark purple with a ydlow border

Dark green

Light green

Yellow

Yellow tith a red border and the use indicated in red lettering

Light brown

Dark brown

Subject to the provisions oi Pans iii and 1v oi this tow planning SChe*e:-

(a) The purposes for which any building or other stmcfure may be erected or used or for which land may be wed without the consent of the Council in each zone shall be the purposes set forth in Column 111 of the Table of Zones herein o&qx,site the nameoftberele~ntroneunderthe heading”Purposes forwhich buildingsorotherstrvcturcsmaybe erected orused or forwhich land maybe used without consent of the Council”;

(b) The purposes for which any building 01 other structure may be erected or used or for which land may be “sed only with the eonsent of the Council in each zone shall be the purposes set follh in Column Iv of the Table of Zones herein opposite the name of the relevantzone under rhe heading”Purposes forwhich buildin~oorotherstructumsmaybeemcted mused orforwbich land may be used onlywith the consent of the Council”;

(c) The purposes far which any building or other stnxture may not be crectedorusedorforwbiehland maynotbeused ineachzone shallbethepurposessetforthinColumnVoftbeTableofZa”ea herein opposite the name of the ~elevantzcme underthe heading “Purposes for which buildings 01 other stmctures may not be erected 01 used or for which land may not be used”.

Where any building or other stmcture or any land is used or is intended for USC for more than one purpose, it shall be deemed, for the DUDOS~S of this town ~lannine scheme to be used or intended for useiorhach of those pu$xcs. -

Subject to the provisions ofPart III of this town planningscheme, no person shall:.

(a) without the consent of the Council, erect or USC any building or other structure or use land in any zone for a purpose set forth in Column Iv of the Table of Zones herein opposite the name of that zone; or

(b) erect or UC any building or other structure or use land in any zoneforthepurpose setforthinColum”VoftheTable ofZones herein opposite the name of that zone.


5. Natilhstanding that, pursuant to this t”wm planning scheme, a 6. building or other st~cture may be erected or wd, 01 land may be used. in a”vzo”eMthoutthe co”se”,oftheCau”cil. orthat.because of cdnscni of the Council, any building “I “ther &ructur~ may be erected “I used or land may be used in any mne for a purpose specified in such consent, nevertheless, the pmpased development

,,

shall comply ~4th the specific conditions se, out in Part VI hereto relating to the particular purpse and, subjcc, to this scheme, all relevant by-la~shallapp~~ndbcinforeei” rcspectofsucherectio” or use. 8.

6. Notwithstanding a”y “the1 pmvisions of this scheme or the by-laws no person shall WithoUt the consent of tile Council change or CBYse tobechangedthc na,uralsurfacelevelsofa”yallatmentora”y~oup or combinari”” of adjoining allotments havinga” area of more than two thousand (ZOOO) square mares by m”re than point five (05) “letres. 9.

Ditiion II- Infenl ofke Zones Subjeetfafheprovisio”softhistaanplan”in~scheme,,hei”tent ofzones and the preferred dominant land use wthi” those zones is listed hereunder- 1.

see ‘. andl ‘416/54

Business - The intent of this z”“e is to provide for the shop ing, 10 Private Open Space -The intent of this zone is to provide areas of commercia,, persona, services and entertainmen, needs o P the open space forcntcminmcnt and recreation mnductcd primarily as communitv. a business M”t”Ie.

Uses permitted asaf-right and permitted with the c”“se”t of the 11 Council in the Businw Zone are often uses which generate visual effects, noise, pedestrian activity and vehicular a&i

? and which

require parking space and access to sites and safis actoly mad s)stems.

12

Rural Residential-Theintcntofthezone istopmvideareaswherein dwelling-houses can be erected on small rural allotments without necessarily requiring the provision of a,, urban services except that or electricity

Village Residential -lie intent of this zone is accommodate a wide range or land uses appropriate t” a Small countly fovm to service tile immediate hinterland and to ensure that thevillage area develops in an orderly manner.

Light Industry The intent of this zone is to Provide for light industrial activities. This zone is t” have full wba” services and is to bcl~cated sothatitdoesnatinterferewiththe amenityofresidential areas. Heary Industry - The infcnt of this mne is to provide for heavy industries and for industrial or manufacturi” large parcels of land orwhich by the nature B

actwxt~en involving ” thar operation are

likely to be detrimental to the amenity of a” area. Noxious or Hazardous Industry-Xx intent of thiszone is toprovide for any activities which would bc likely t” severely affect the ameniry of surrounding areas. The USC at this zone is Lo be limited and must be remote from Ksidential localities. The wastes from these rypes of activities must be able to be disposed of t” the satisfaction of the GJ”“Cil. Public open Space The intent of this zone is t” pmvide areas of ope”spacesvhichma~selvca”yfu”ctionstoth~e”mmu”ityi”eludf”g recrcafio” and spamng facilities, informal socnl areas, mnsewat~o” of areas of outstanding interest, amelioration of climatic effects, improvement or enhancement of the visual amenity of the Shire’s e”Vi~“m.?“t.

Special Purposes -The intent of this zone is to primarily identify and accommodate all farms of Government and public land “se associated with urban and rural development. Special Facilities -The intent of this zone is to accommcdare those WCS which do not readily fit into the nature of “ther zones. The location of this zone will depend on the panicular nature of the use which is to be developed in the zone, and the “aturn of this use will alsodeterminethedegreeofurbanxniceswhicharetobepmvided. It is anticipated that this zone till be located as required lhmughaut the Shire. Rural “A”. The intent of this zone is to pmvidc areas which arc used 01 are suitable foruse for rural prcductio” for commercial purposes. I” thiszone, thosedefined useswhichareasEociatedaith,he fanning af land are by right uses. Unless exceptional circumstances exist, land zoned Rural is reserved for rumI production. Rural “B” The intent at this zone is to allow hobby fanners and similar pasons sufficient land to erect a dwelling-house and pursue rural activities withouf prejudicing the orderly development of any land for rural production for commercial purpcws.


Local utilities Dwellik-houses (other than


mnscnt’of the Council Council

Domestic pets

E

A,,ypurposes other than those permittcd~by Column III o* prohibited by Column V



Animal husbandry Bulk stores


Column II Table of fines continued

Column III

6. Light industry Light purple Agriculture Bus depots Caretaker+ industries Domestic pets Indoor entertainment Light industries Local utilities Machinelyshmms Motor vehicle shams Outdoor cntcrtainment

(staff amenities only in con~untiion with an industry and situated on the land on which such industry is conducted

7. Heavy Industry Dark purple

Domestic pets Heavy industries Indwrentertainment

(staff amenities only in cqunctionaith an industry and situated on the land on which such industry is conducted)

Junkyards Imal utilities Outdwrentertainmcnt

(staff amenities only in conjunction with an industry and situated on the land on which such industry is conducted)

Cblumn V Purposes for which buildings or other stmctures may not be erected or used 01 far which land may not be used

AcMmmodation ““its Dwelling-houses I?xtractive industries Heaw industries

depots

Anypqose other than those

I

Accommodation units permitted by Column III or prohibited by Column V

CaraM” parks Cateren romm Commercial industries

I Gxnmercial memises

Indoor entertainments (except asspecified in Column III)

Institutions Kennels Local stores Lot feeding of stock Machinery showrooms Motor vehicle sho-ms M~~i~le~wellings - I I hmt~gdwelli”gs - I ” Noxious 01 hazxdous industries Noxious tmspon depots Outdwrentcaainments

(except as specified in Column III)

Piggeries Industry Places of worship Roadside stalls Rural buildings Shops Sho-ms sports & lecreation Stables stockyards stock saleyards Veterinary clinics Veterinary hospitals



Veterinary clinics Veterinary hospitals Warehouses


10. Private Open Light green space

11. Special Yellow Purposes

Bus depots Car repair stations commercia, industries

industries Naxidous transport depots Piggerics Rooadsidc stalls Rural buildings Setice station2 ShoDs

industries i-$$"0wa"sp.xt depots


col”“m I Zone

Col”rn” II cdour an Scheme Mw

Table of Zoner continued Column III Column N cot”m” ” Purpacs for which buildings or OtheI S,ruCL”KS may he

Purposes for which buildings or other Structures may be erected

Purpose.5 far which buildings 01

erected or used or for which Iand mavhe usedwirhout

01 used 01 far which land may other StNCfUres may not be erected or used or for which

be UseLi onlvwith consent Of the Iand ma” not he use* consentsof the Council

13. Rural “A” Light brown A@iC”l,“E

A”““al hvhba”dly

Domestic pets

Dwelli”$-houses Iacal utdities Rural buildings ;gbrtsts& recreation

Stock f&yards stockjaKts a

Council ' Anypurpow other than these p-+tted by Colvm” III or pmblbited by Column V

Accommodation units Bulk stores Bus depots CaraM” pa.7 Car repr stations Caterers mnls catcling shop Commercial rndustries Commercial premises Preight temunats General industries Heavy industries Hacpitals lnsbtutionh

14. Rural “B” Dark bmvm &gic”lt”rc &gic”lt”rc Animal bwbandrg Animal husbandry Domestic pets Domestic pets Dwelling-houses Dwelling-houses lacal utilities lacal utilities R..;;uildi”gs

Anypurpaseotberthantbcse peqitted by Column 111 or pmhrbited by Column V

industries Noxious transport depots Off street car parking Semite stations

W~I&O”SCS Accommodation units Bulk stores

Catcriq shops commercial industries Cmmercial premises Freight termmats General industries Heavy industries Hospitals lnstrtutions


PART II1

The following pmvisionr shall apply to a” existing use v&ich, had it not been in tiatcnccbeforc the Appointed day,would, havingregard to the zone in witihich it is carried on, mnstitute a purprxc for which any building or other S*NC*U~C may not be erected 01 used 01 land may not be used in that zone pursuant to subctausc (c) of clause 2 of Division I of Part II hcrcaf. Such * use is hereinafter h this Part referred to as “an misting “on-conforming use”. (a) A person may continue *n udsting “o”-co”fmmi”g use of any

budding OI Other *tmctuR but such use shall not be added to 01 ,hcuscl”a”yaaychaogcdroanoth~~“~”~”f~~”g~c except ~ththepriorconscntoftheCouncilpursva”tto”avsc4hereof;

(b) Upon the demolition 01 destruction of any building 01 other structure in which a” cxistine “onconformine y6e was carried on, or upon the cccurrc”ce Gf damage to any such building or other stmcture which, in the opinion of the Council, is so substantial as to preclude the continuaacc of such “on-conforming use, or upon the discontinuance for a riad of at ,castsix (6) mo”,bsfmma”ycauvpmatsacMrofs”c It=. cnstlng “on-conforming uc, the right to continue such nonconforming use shall cease and determine unless the Council or othenvise determines pvnuant to subclauses (c) ,,I (d) of fhis claw;

(e) Whcrc a building 01 other st~cture in wbicb a” existing “on- conforming use was canicd on is demolished, destroyed 01 substantially damaged as aforesaid the Council may, upon application being made to it:.

(i)(A) where suchbuildingorothcrstructu~ isdemolished or dcstmycdorsoaubatantiallydamagcdas, in theopinion of the Council to preclude its repair, consent to Lhc erection of a new building or other structure upo” the land on which the demolished, destroyed or substantially damaged building was crectcd, 01

(IS) where such building or other structue is not so aubstantialiydamaged as, in theopinionofthe Council, to preclude its repair, collsc”, to the repair of such budding or other structure; and

(ii) Consent to the use of the “cw building or other rtruct~~~ or, as the case may be, the existing “oneanforming use carried a” in the demolished, destroyed or substantially damaged building or other structure immcdiatclyprior to its dcmolitio”, destruction 01 substantial damage;

(d) Where a” &sting “on-conforming use of a” disco”ti”uedforapcriodofatlcastsix(6)mo”ths mmanycauw r

pz-emiscs is

the Council may. upo” application being made to it, mNe”t to such premisesbeing again used for such e&i”g”o”co”fo~i”g we;

(c) Subject to the prior collSe”t of the Council and to compliance with the provisions of this Scheme and tbe by-laws a”y “cw building or other stntcturc or a”y rcpaircd buildi”

t% 01 other

~tnrture as aforesaid may have a grratcr floor BM an that of the demolished, destroyed or substantially damaged building or other ~tz-wturc;

(f) The Council may, upon application being made to it, consent to the cxccutio” of repairs, alterations 01 additions to a”~ building 01 other structure in which a” &sting “onsonfomung use is carried o” but a” such alterations or additions shalt “or increase the “wr area o 2, the “an-conforming “sc by more than twenty (20) pa ccntum and shall be mnfincd within the boundaries of the allotment upon which tbc building or other strwtu~ is erected.

Apelao” maymntinuea” e&ing”o”co”forminguof land upon which there is no buildi”

f but such use shall not be changed except

airh the prior coll~“, o the cOu”ci, pursuant to claw 4 hereof. Umn the discontinuance for a wriod of a, leas, six (6) months from my cause whatsocvcr of such &sting “onsonfotih~ use, the right to continue such existing “anconfonning use shalt cease unlc.ss the Council othcnvise determines punuant to subclause (d) of claw 2 hereof. The Council may, upon application being made to it, case”, to a change of a” tit~“g”o”-co”formi”gusc to anothernonxonformiog USC ir, in the opinion of the Counci!, such changed use will be less injurious to the amenity of the lwahty in question than the existing “onconfomdnguse.

PART Iv ExlsrING LAWFUL PErrERED USES

The following provisions shall apply to a” existing use which had it “otbcc” inexistence before the Appointed daywould, bavingrcgard to the zo”e in which it is carried on, co”Sti,utc a purpose far which anybuildingor otherstructllrc maybeerected forwhich any buildi” or other st~cturc may be erected or used only with the consent o f the Council in that zone pursuant to subclause (b) of clause 2 of Division I of Part II hereof. Such a use is hereinafter in this Part rcfcrrcd to as “a” existing fettered use”. A pew” may continue a” existing fettered use of any building or other struct~rc or a”y land o” wbvch the= is no building or other stmCt”re.

PART ”

Without limiting the gencraiity of any rmisio” herein or in the by-la-m contained. no provision of this & bcme shall be dccmcd to confer any right to erect or use a building or other S,IW,UR or any part thcrcaf foranypu~ otbcrwiw than subject to the conditions sp ccificd in this Part or I” the bplawxptidcd that the provisions of

MSIO”S 11 to X inclusive of this Part shall “of apply to uses which were &sting lawful YSCS on the Appaintcd day.

Divirion II Pad&g Rwpimmm (a) Apcrso”sball”otcrectorc.wsc tobccrecteda buildingarother

structure or USC land or cause land to be uwd for anypurposc SC, out in Column I of Ihc Table hcrcunder u”bss it complies with the minimum parking space requirements sbovm in &olum” II of ,hc said Table opposttc that puqosc;

col”rn” I Purpasc Accommcdatio” units

THE TABLE * sQe d 1 6/3/y/ c!d”rn” ” Minimum Parking Areas

(Where not *pecific*IIy mentioned elsewhere I” this table)

thereof, a”d one pavedaashi” bay six (6) mctrcs by four (4) metres for each deyelopmcn, of rno~c than tc” (10)

Bowling alley caterer’s mom or Catering shop

Car repair station

club (liccnscd)

Club (unlicensed)

Hmpital

Hotel

Indoor e”,eMi”me”t (other One (1) *pan for M’Y twenty (20) than bowling alley, quash court or place of a.smbly)

square metres or par, thereat of the ma, area

““it% Three (3) spacesforcach bowS”gla”e 0°C (1) space for each tif,ecn (vj) s&y,“.“” or part thcrcof of gross

One (1) space for each nine 7 ~~rrce,m or paa thereof o

(90) gross

One (1) space for each tifteen (15) square metres or part thereof of the *ma, “mr am One (1) space for each forty-five (45) square metres or pat thereof of the ma, nom am One (1) space for evely four (4) beds: in addition one (1) spa= for every Wo (2) employees, and a further space for each staff doctor One(l)hpaceforcach,hree(3)quare ntetm or pat fhexof of the “et bar mom area; in addition one space for each three (3) square “lctre.5 OI pa* thereof of the “et tovnge and beer ~ardcnflwrarea. anda furtherone 1 space for each guest suite and one

ll 1

further apace for each three 3 ~“lPlOp?S

117749-210


THE TABLE -continued

Cd”“” I

P”rpo%

I”d”suy (a0 classes)

cd”“” II

Minimum Parking Areas

One (1) space for every two (2) workers at the time of peak accumulation (two heaviest over-lapping shifts) or two (2) spaces for each one hundred (1W) square mctresorpartthereofafthc tota, noor area whichever is the greater

Office or commercial premises

Showroom (agricultural showrw”, electrical showroom, fumifurc showmom, or motor vehicle showroom) squash COYIt Tyrc repair station

Warehouse or bulk store

Any other USC not speciricd in thisTable

One (1) space for each motel unit. An additional one (1) space for each three (3) employees One point five (1.5) covered spaces for each dwelling unit. One (1) space for each forty-five (45) square *ems or paa thcrcof of the tom, “rnr area one (1) space for every ten (10) se&s or plans Five (5) spaces for the fin, lubricating bay and four (4) spaces for each additional lubricating bay Onc(l)spacefarc”c~~cnty~“c(25) square metres of gross leasable near area where the gross leasable floor area does not exceed 700 square metIes; and one (1) space forewyten (10) square metros by which the gross leasable floor area cxcceds se”en hundred square metrcs. The gross leasable flooraeasball bemeasuedto include anygmupofshops, shoppingcentreor local stem

(c) The ,hmcil may require that access to the parking area be pmvldcd from ,vm (2) roads, in which case the acccy ways and roads shall be at least six and one half (6.5) mctres wde;

(d) Aparking area required by this Division shall be:- (i) kcp, exclusively far parking

(ii) used exclusively for parking; and (iii) maintained in a fit and proper condition for parking

p”rpCSCS; (e) Adequate space shall be pmvided within the site of the building

or development for the laadin , unloading and fuclling of vehicles fwhere aoolicable) and or the oickinz uo and setting f _ .

(f) +ny parking space the side of tiic? is located against a wall 01 ;,n;,.a, obstmctmn shall have a mmm,um width of three (3)

(9) A building 01 other structum shall no, be erected or used and landshallnot bcuscdforanypurposcin anindustrialmncwherc the site has an arca greater than six hundred (6%) square mctrcs ““less:.

(i) there is mvidcd at least one (1) truck bay with a minimum width o P three noin, tive (3.51 mctrcs a minimum dcn,h of fifteen (15) mctrcs exclu&e’of drivcw~ and a minimum clear height of three paint five (3.5) mctres; and

(ii) provision is made far the turning of vehicles an the land to enable them to move in a forward direction when being driven from and to the adjoining mad;

(b) Notwithstanding the provisions of this Division the Council ?my dispense wuilb or may modify all or any of the parkmg rcquircments herein if it considers that dispensatmn or modification is necessitated by the exceptional circumstances of the particularuse and Lhc Council may, upon rcqucstbeingmadc to if in that behalf, and in its absolute discretion from time to

Ten (10) spaces per zero point four (0.4) hecram

empI+& 1 Sufficient space/s to accommodate the amount of vehicular traffic likely, in the opinion of the Council to he generated by the particular development

2. (a) The requirements of this Division shall not apply to any dwelling-house wbcrcin any home occupation is conducted 01 carried on unless the arca upon which the home occupation is conducted 01 carried on is more than thirty(M) square metros. A parking area shall be:-

(i) level or at such a gradient as in the opinion of the Council is suitable for vehicular parking;

(ii) laid out ,o the satisfaction of Lhc Council i? such a manner as tr, provide adequatc,acccss to each park,?gs ace and to

? ,xx,;hc free cxculatmn of vchtclcs entenng, eawng and

(iii) constructed, drained, sealed, marked and maintained to the satisfaction of the Council;

(iv) readily accessible for vehicular use; and (v) indicated by means of a sign 01 signs to the satisfaction of

the Council; (b) A parking area shall be lo&cd upon the allotment upon which

the development is to be carried out; pmvided that the Council may by special consent, approve of a parking xca located u an an adjacentallotmcn~orallotmen~incascswhercnaparto P the parking area is more than two hundred (2M1) metros fmm the allotmq upon which the development is Lo be carried out;

scheme). The following conditions shall apply to all Accommodation unit buildings or Multiple dwellings-Class “B” unless the Council in wew of the exceptional circumstances of a particular developmen! and upon application being made to it for a variation of the condmons grants approval to the variation of the conditions contained i;ereund&- Minimum clearance from a road frontage - seven paint five (7.5) m&es; Minimum deamncc from a rear boundary - four paint five (4.5) metres; Minimum clearance from a side boundaw For a building no, exceeding four paint five (45) met~cs in height - one point five (1.5) metres For a building which exceeds four point five (4.5) metrcs in height Two (2) metres (plus an additional zero point ,ive (O:S),metrcs for every three (3) metres 01 pan thereof by which the buddmg exceeds seven paint tive (7.5) mctrcs in height. Where a distance romsuchsidcboundatyalcss thanthe mmrmumpermltted P

mposcd building is no, parallel ,a a sidc,bpundaryand the

by&use 2 hemoftbensvchdis,ancemay,atthediscntionofCouncil be determined to be- (a) !he average distance between the buildingand the site boundary

m question. However, no part shall be less than half the distance prescribed in this Division; or

(b) the distance from the central point of a straight line drawn from the tam (21 noink< of the buildines which arc nearesf to the boundari>~i~ &&ion but no portion of the buildings shall be less than half the distance prescribed by this Division fmm that boundary.


5 k

c. A

7. #.

L,

In the case at Accommodation unit buildings or Multiple dwelling - Class “B” buildings which contain or are proposed to contain non-residential uses sltihich are considered by the Council not to be ancillary to the residential “age of the premises, the foregoing provisions of this Division shall not apply to that patio” of the premises used for “on-residential purposes. Any outbuilding appurtenant to a building subject ,a the provisions of this Division shall be subiect to those urnvisions movidcd that a single storeyoutbuildingmab~ erected<” arncan~thanoncpoint fwc (15) metresto thesIde boundaryoro” ar”earer,ha”fourpoint five (45) ma-es to rear boundaries of the land if such outbudding does not abut any building which is subject to provisions of this Division. (a) For the purposes of this Division any question as to -

(i) the “umber of s,ore~ contained in any building; 01 (ii) whether any building or ‘ypc of building is of one, two 01

more storcys; OI (iii) whcthcr any floor OI floor area is a basemen, or

sub-basement, shall be dctcrmincd by the Council 01 a” authorised officer of the Council in accordance with a policy of the Council in such regard which is adopted by the Council by rcsolu,io” from time to tnne;

(b) An application far fhc crcctia” of a building or other structure for YY a.9 A~commcdation units or a Multiale dwclline Class “B” received by the Council prior ,O the date of the c&“g into force of this Division which application had “al bee” rejected or approved (either u”co”diti&lly or wifh conditions) by the Council before that dafe shall be deal, wifh and decided by the Council and the erection of a buildine or other stmct~rc pursuant to a” approval by tbc Council &such application may proceed as if the provisions of this Division wcrc no, in force;

(c) What prior to the date of the coming into force of this Division approval had hec” obtlincd fmm the Council for the erection of a buildingor other stmctu-c for wc as Accommodation ulllu 01 a Multiple dwelling - “ass “B” and the righe conferred by that approval bad “a, bee” wxciscd at the said date such rights may be exercised in acmrdancc with that approval.

The following provisions shall apply to the erection of a building 01 other stru~furc for USC as an Accommodation unit, a - v, a Multiple dwelling - Class “B”:- (a) the sift on which the building mother stmctur-e is to be erected

shall have a” arca of at leas, eight hundred (SW) square mcfrcs: Provided that this subclause shall not apply to a” allotment in existence on the appointed day;

(b) the width of the site on which the building or orher strwture is to be erected, measured along a lint six (6) mctres from and

P arallcl to Lhe mad frontage shall be at least tM”Q’(20) “xtrcs. n the case of a comera,lotment the mad frontage shall be take”

to bc the fmntagc to the principal mad; For the pu~pmcs of this subclauw the term “Prkipal road” ma”6 the nxd determined by the Council in a panicuiar case to bc the pri”cipal nxd;

(c) a landscaped open space arca of clcvc” (11) square metres per habimblc mam shall be provided on the site and landscaped to the satisfaction of the Council: Provided that the Council mav vary the area of clcvc” (11) square ma-es per habitable m& having regard to the particular circumstances of the lotion 01 the to ,m”l”~

gmpby of the site. For the puqvxc of this Dwuo” the ab!tahlc rcan” shall have Lhc meaning assigned to that

term by the Standard Building b -law BuildingActl975-1988. Atleastti r

made pursuant to the ty (5O)perccnlum ofthe total

landscaped open space area required puaua”, to Lhis subclause shall beptided in a”e arca, and fhc dimensions of such a” area shall no, cxcccd a maximum ratio of length to breadth of two point five to one (221). The remaining landscaped open space arca to bc provided to the satisfaction of the Council;

(d) the landscaped open space area pmvidcd fwsua”, to subclause (c),shall a, all times be kep, clear of all obstacles such as clothes ho&s, drivewa,q parking spaces and receptacles;

(e) a landscaped open spaccarea~miided~uravantto subclause (c) shall at all times be maintarncd in usable condition for that purpose anducepti” the case of dwcllingunitsshall beavailable for the USC of all residents of the building or ofher sf~ctwc.

Z! There shall be marked on the plans submitted to the Council pursuant t” Lhc provisions of the Standard Building by-laws or of this town planning scheme for apprwal to erect a budding 01 other ~tructurc for use as a” Accommodation unit or Multipfe dwellin

! Class “B” the space or spaces, which it is proposed to raelve 01

4 ~hiclcacmmmodatio”a”dthepmpascdaccwthc~tof~lomaraad.

8. For each building 01 othcrstmtiure to be erected in Residential “B” Zone forwe asaccommodation ““its, the residential site population density shall not exceed 133 pc~ns per hcctam

‘f Wh erc abuilding or ~tbcrstruct~rc is fo bc crcctcd on land included in the Rcsidcntial “B” Zone for use as Accommodation units or a Multiple dwelling-Class “B”, provision shall be made for all vehicles to bc accommodated within ,hc boundaries of the site coverage of thcp~oscdbuildi”goru”dcrgmu”di”~ihichcascthe~ili”gofthe undcrgmundparkingarea shall beatleastzempointfive (05) metres below the natural gmund kvel, land-filled and suitably landscaped.

(I Relative’s Apartments IiT (a) A building or other st~cturc orpa thcrcof shall not be crcctcd

or used and land shall “of he used fartbepurposes of a r&&c’s apartmentwhere:-

(i) the- flaxarea of therclative’sapartmc”, cxcccds forty (40) square rnetres; and

(ii) mxe than one (1) bed-m is cantaincd therein; (b) One (1) rcIaliv.c’s apartment only shall be annexed to any

dwelling-house; (c) Upon completion of a relative’s apartment and upon

certification that the work has bee” carried out in accordance with the Council’s consent approval and the approved building permit, the relative’s apaame”, shall be recorded with the Councd for the purpose of annual inspection;

(d) The Council shall causepremises at which a r&kc’s apanmc”, has bee” creCtcd to be inspected a”“~+ to dctcnninc whcfbcr such apartment is being occupied in aecardancc with the provisions of the toan planning scheme;

(c) The Council may levy a charge on ,he owner of the premises containing a relative’s apartment for the carrying out of inspections referred to in paragraph (d) hereof, and wberc it decides so to do it shall determine the amount of such charge by resolution and may vary such charge from time fo time in the

1.

same manner.

A building or other stmcturc shaU,“q, be crcctcd 01 used and land sha,,“o,bcvscdfora;rpu~~th~“,bcNoaovsa”dHarardous Industry Zone or the eav,’ “dusty Zone ““less - (a) a minimum area of fiftcc” (15) pa ccntum of the site, not

includiqg any area to bc used by vehicles, 1s p?vidcd far &ma;:;ma’ use and landscap,“& fo the satlsfactmn of the

(b) a landscaped area at least six (6) me&s in depth and adjoining the main street frontage is provided. Access to the rcmaindcr of the site may be provided thmugh ,his landscaped arca. and tbc area so landscaped fo the satisfaction of the Council, shall farm all or pan, as the cast ma bc, of the recreation and landscaped area set out in subclause a) hereo$ T

(c) the storage of any material or vehicle or machinery is visually screened, to the satisfaction of the Council, fmm any mad to which if has fmntagc;

(d) Lhc ~wncr OI applicant shall to the Council’s rquirements and satisfaction

(i) mnst~ct reinforced co”cre,e industrial amsings from tcrb and channelling to pmpcrty alignment a, approved locations~hiherevehieularaeews to thepm~rtyis required;

(ii) ~onstrwt ~oncrctc kcrb and channclling to mcc, the requirements and satisfaction of the Council for the full length of the mad fmntage or if there is more fba” one fro”,+ such frontagesas the Council may determine;

(iii) bear the cm, of all alterations “cccssaly to public utiliry mains, sctiees or installations involved in the construction of the abovementioncd worlts;

(iv) where the mad is paved but is no, paved for the full width. construct and pave with bitumen the mad bewee” the existing pavcmc”, and the channelling referred to in paragraph (ii) of this subclause;

(v) T,+C the mad is not paved, m”s,~ct and pave with b,hlmen the mad for a wdth of three (3) me,res measured fmm the lip of the channel referred to in paragraph (ii) of this subclause;

(vi) pave tba, part of the site on which vehicles will be parked andior driven;

(c) the ovmer 01 applicant may a, his 0 tie”, in lieu of canying out the work specified in paragraphs I) and (ii) of subclause (d) P hcrcta, pay to fhe Council such sum as may be approved by the Council for the carrying out of such works by the Council, in which event the Councilshould, subjcctto the pmvisions hereof, complete suchrvorkswitbi” the Lime agreed bet-uee” the parties;

(f) such works shall bc carried out before the use in question of the land or building concerned is commenced or, in fhc case Of the crcctia” of a building before such building is occupied;


(g) provision shall be made within the cunilagc of the building for the loading and unloading of all vehicles in *n area specikieally set aside for the P”rpo%

(ii) any wo points ofvchicolar access from the same mad to or fmm the one reel of land shall be se

“Of cxc~ s* (6) metrcs; p

amted by a distance of at least fifteen 15) meats. The width 0 any such vehicular access shall

(i) ifsemi-trailcrsare,obewdo”tbcsifc,provisio”sshallbemadc to enable the turning of such within the boundaries of the site.

DivisiO” v- Enmctive kdumy

1. In considering an application to erect abuiIdingo* otherstruepre or to USC land for tbcpurpose ofa” exuactivc industry the Councd shall take into consideration whether -

(a) the p~pppscd Site is in a locality which, i? the opinion of the Couned, IS or ts likely to become a residential Iocahty; and

(b) the roads givhg *mess to the proposed site area in the opinion of the Council, are constructed to a standard sufficient to carty traffic of the nature that the CxtmcLivc industwwould be likehi to generate.

2. The followi”g conditions and requirements shall apply Mth respect to the use of any land or building or other stmct~n or the errct~?” of any building or other s,ructm’c for the pqosc of extmct~e industw-

(a) Each entmncc to or exit from a site of a” cxtmctive industr shall be not less than six (6) metreswidc and no, eater than nine (9) metres wide and be situated at least nine 9) metres from any i? other entrance to or exit from the site;

(b) Eachentrance toorexit fmm asite ofancxtmctive industlyshall be so located as to not, in the opinion of the Council, c~catc or he Iikcly to create a new traffic hazard or to increase a” existing traffic hazard;

(c) Where the site contains a proposed excavation that will be one point two tivc (1.25) metres or more below the level of the unexcavated ground immediately alongside or where the pending of watcr is likely to OECUI, such areas shall be Fnelosed by a manpmof fence at least two (2) mctrcs in he@, and eonstmctcd to the satisfaction of the Council;

(d) Everygate inthe fc”ccRquiredbytbep~eedi”gsubclaoseshall be a manproof gate construetedtotbe satisfaction of the Council;

(c) Every gate shall be kept locked except wbc” the person co”duet%“g the cxtmctive industry, 01 an employee of such person, is an the site;

(0 Watershail not be allowed ,o accumulate so as to exceed one (1) mare in depth in a” uncovcrcd excavation of the site;

(g) All blastingandcxplosionsshall be so conducted that stone, rock or other materials are tiolly contained within the site;

(h) Blasting and explosions shall not be conducted -

(i) bcforc the bourofscvcno’clock inthe morning (7a.m.); or

(ii) af,er the hour OS six o’clock in the cvcning (6 p.m.); or

(iii) on Amae Day, Christmas Day, Gd Friday or Sunday;

Application of thcpmvisionsofthis subclause maybe suspended in cases of emergency ptided the prior approval of the Council is granted in that behalf.

(i) A pcno” carrying out blasting, shall crcct and keep clearly exhibited on the appmaehcs to, and not less than four hundred (4CG) mctm from the site of the blasting, notices or warning which shall be of a type to be approved by the Council and shall provide adequatewarning to those working in the excavation and to passers-by. Such person, before blasting shall give sufficient advance warning of that danger by operating a aamin bell, whistle or other device approved by the Council, at least P we (5) minutes prior to commencement of blasting. Such bell, whistle or other dcvicc shall operate continuously until blasting is completed.

(j) No process of extmctive industry shall be carried out within -

(i) twenty (20) metres of a mad; or

(ii) nine (9) metros of any land that is “ot being used for eXtmc,ive industrypurposes.

(k) A persqn shall “of cause “or akw any day, gravel, ore. rock+ sand, sdt, sludge, soil, stone OI overburden resulting from extractive indusq to -

(i) enter a swamp, watcrcoune or water storage;

(ii) enter a drain or sewer;

(iii) enter a drainage or sewerage easement; or

(iv) cause injury to or interferencewith the useofanyland Lhat is not being used for the purpose of eXtmc,ivc industry.

(I) All boildi”$s or other s,ruct~rcs and stockpiles shall bc located and maintaned so as to prevent dust, sand or soil blowing on to any mad or on to land that is not being used for the extmctivc industry.

(m) Apersonshall no, takea” excavation Loa greater depth or extent than is authoriscd by the Council in respect of such cxcw-atio”.

(n) Shrubs and trees shall be so planted and maintained .a! ,fo effectivelyscrcc”, to the satisfactm” of the Council, the actw~t~es on the site from a”y person standing at ground level on any pa* of any land used for residential purposes; provided that !hc Cou”cilmaypcrmi,thepla”tingofyou”gshrvbsa”dtreeswb~ch when planted arc not of sufficient height or development to comply&h the provisions of this pamgmph.

3. Where it ispmposcd to use anyprcmiscs for the purpose of caqing on an cxtmetivc industry and the Council is of the opinion fha, reclamation of anvexeavationwill be “cccssa~y, the penonpmposing to eany out such &avation shall -

_~ _

(a) prior t? the eommcnccment of the excavation, deposit with !hc Counc~lsuchamountasthc Cou”eilmaybyrcsolu,~o”determ~“c to be retained by the Council ontil the e&active industry ceapcs on the subjec, land and until such person shall have comphed with the provisions of this Division; provided that the Council may accept a Bank Guarantee in lieu of such deposit.

(b) pmgrc~ivcly reclaim such excavation to the satisfaction of the Councd and ensure that the excavation remaining to be reclaimed shall not at a”y time by measureme”, cxceed t?e excavation that could be reclaimed if the deposit referred ,q I” subclause (a)of,bihclau~ewereused,opa forsuchrcclama!lon atamfe onapcrcubiemetre basisasthe % ““cd may from ttme to time by resolution determine.

lfsuchcxavatio” isto be filled, a” agreemcnttoacceptfmm the Council refuse and rubbish as filling upon iU being delivered to the site may be negotiated. Ifvegetable or other ma,fcr likely to attract vermin or flies is used in the filling of such excava,~o?, cwer such vcgcrablc or other maf,cr as directed by the Councd if suitable material for the pu’pobc is aailable on the site. Wherereclamatio”istobecaniedouf bythismcans, theCouncil shall have due regard to the benefit resulting therefrom and allowance shall be made tic” dctcrmining the amount of deposit, guarantee, or rate determined punvant to the provisions of this clause.

(c) Ensure that -

(i) any face permitted to remain in the excavation is so sloped or battered as to remain stable, with all loose material removed thcrcfro”;

(ii) such slopes are planted with protective vegetation as directed by the Council.

(d) Wit!C” three (3) years after ex,m~tivc industry eeas~s on the s&;u;:a”d complete the redamat~o” to the sattsfactto” of the

(c) A deposit paid to the Council punua”, to subclause (a) hcrcof shall be placed in a Trust Fund of the Council for the pm’p~e.

(f) Where a person convicted of a breach of the pmv+jo”s of sobclause (b) hcrcof fails to comply with the pmws,o”s of subclause (e) or(d) hcrcof the Councd may cause the necessary work to be carried out and may deduct the cost thcrcof from the moneys dcpoaited by such person and if such cost cxcccds the amount of the deposit and moneys lodged with the Council o” a rate per cubic metre basis, if any, such peso” shall forthwith, on demand, pay to the Council the amount of such excess.

(g) Upon the completion of the works referred to in subclause (a) the de@, and moneys lodged with the Council on a rate per cubic metrc basis (if any) or the balance thereof, or the guara”tee,as,hccascmaybe,shallbcpaidtothepcno”entitled to receive such moncr or guamntcc.

1. A building or other stmctore shall “a, be erected or used and land shall not be oscd for anypurpose in the Businea Zone unless -

(a) except as hereinafter prescribed, the ratio” of floor area (excluding all &or area on basc?cnt pr sub-pasement levels as “,;~bedc,em”nedbyfheCounnl) tos,teareaanotgrratertha”

(b) where arcades arc provided for the free and u”obst,nctcd movement of pedestna” traffic, the Council shall detemune the width of the space required and the maximum permissible floor area shall bc increased by a” amount equal to tice the area provided for pedestrian arcades at ground floor I-I;

(c) the building or other stmct~rc coyem “ot more than eighLy(?O) per centurn of the site at ground floor lcvcl: the remalnlng uncovered area of twe”ty(20) percenturn shall not be construed to be pedestrian arcade space;


(d) the location of the area not cwere* by building or other StNCtUlTS at und flwr level is consideml s&facto Council,wh~c shall have re .$ &“. 7

by the rdto the future seticing” tbes~te

and the adjacmt sites. the oadmg and unloading of gaads and materials., the passage of vehicles, the pmvisio” of light and air and the mcwanC”t of pedestrians;

(e) the area required to be not covered by buildings 01 other mlBCt”* at grcmnd “wr level i not used for parking purpases or for the storage of g”cds B”d materials, ““lea the Covnci, so detcnnines;

(f) the height of any space required for the movement of vehicles is at least that determined by the Council to he necessq

(g) theownerofthelandonwhichahuildi” mayhecrectedwithou, the consent of the Cau”eil,,or the a ~kant for consent where cement to erect a buildin scheme in force in the 2.

LIP quire under the town planning

Council’s speitication - k-e and has bee” granted, shall fo

(i) mnst~ct a pedestrian pavemenr four (4) metres wide 01 such lesserwidth as the Cou”cilmaydc,enni”e far the full length of the mad frontage;

(ii) construct mnmete Leti and channelling for the full length of the mad frontage, or, if there is more than one such frontage, such of thase frontages as the Council shall determine;

(iii) where the mad is paved but is no, paved for the full width construct and pave with bitumen the mad between Lhe existing pavement and the cbannelling referred to in paragraph (ii) of Lhis subclause;

(iv) when the mad ia no, paved, mnstmc, and paw with bitumentheroadfooraaidthof,h~cmc,~measuKdfrom the lip af the channel referred to in paragraph (ii) of this subclause;

(v) mnstmet reinforced concrete industrial cmssings from the kerb and channellingto ,hepmpertyahgmne”,a, approved locations where vehicular access to the pmper,y is require*p

(vi) provide drainage works as ncce.stny in connection with the work s-3 out in paragraphs(i) and (iv) of this subclause;

‘Ihe Council shall “of be autborised hereby t” rzquitt drainage works to be fhe land the subjecto P

m&cd otherwise tha” in rcqen of theapplicationand themad frontage

or fmntages to such land;

If the Council is satisfied that the drainage works tiihich it may require will not be adequate and that the completion of adequate dminagcworks will be ““-“ably costly, the Cmuml may refuse the application.

(h) The applicant enters into an agreement wifh the Council in lieu of carrying ou, the worlds specified in paragraphs (i) to (vi) inclusive of aubclausc (g) of this clause and pays to the Council suchsumasshallbe approved by the Council for Lhe car@“g out of the said works by the Council, which eve”, the Council shall, subject to the pmvisions hereof, complc,e such workswithin the time ageed between the parties.

(i) The works referred to in paragraphs (i) to (vi) inclusive of subclause (g) of this &use shall be carried ou, before the new building is occupied.

(j) The oamer or applicant shall bear the cnst of all alterations “ecwaly,opvbl~cutilitymains,senicesori”stalla,ia”si”volved in the construction of the abwementionedworks.

(k) The materials used in and ,hc execution of the abovemenbaned g;ks;hall be to the requirements and satisfaction of the

(I) That paR of the site on which ,whicles will be ~+d and/or d~u”s~ll be surfaced fo requ,reme”ts and sabsfatito” of the

(m) Provision shall he made wilhi” the cunilage of the building for the loading and unloading ofvehicles, unless othetise required by fhe Council.

(n) Where the being used P

mpxed development is o” a site(s) that is (an) or shopa or can be used for shops, the locations af

the building and scaled parking area shall be determined by the Council in aceardanec with a” overall plan for the wA~vho,e shoppingarea.

(0) Where thepqtweddevelopmentiso” asitewhichis overO.la in area the” -

(i) a ladscaped buffer strip a, leas, two (2) m&es wide shall be provided along all pmpa’y boundaries (except for inpcs and egress pints) and shall be both planted and maintained in accordance aith the Council’s requirements;

(ii) a0 on~ite earparking areas shall be planted with treea and shrubs and maintained in accordance with the Council’s ICq”iM.lC”tS;

(iii) a minimum of 10% of the area of the site is to be se, aside for landscaping and pcdestria” access in a manner suitable to the Council.

@) The requirements set out in paragraphs (ii), (iii) and (iv) of subclause (9) and in subclauses (n) and (0) of this clause shall not appb to a Shop or ‘“I $e fo he crectcd on a stngle allotment not ex+ing 600111 19 area, if the grass gmund floor area of the shop IS less than 4Sm

(9) This &use is limited in ith application to buildings, the erection whereof is commenced after the Appointed day and -

(i) which are new buildings; or

(ii) wberr the erection is connected with any existing building or building on the site in question, the floor space 01 aggregate of the fkor space thereof will he increased by more than 40% by reason of the crectio”.

3. A building or other structure shall no, be erected orused,an$ land shal! not, be used for the p”‘f;o~c of ? Local store wthl” the Rcs~dcntml “A” Zane or the es~denbal “B” Zone, where the pmpaaed use is within a radial distance of four hundred (4M)) m&es of land far which approval has bee” granted for the ereclio” of a building “I “ther stmctw.? for use as a general smre, 01 within four hundred (400) mefrcs of anylandwithi” a Business Zone.

1. Abuildingora,hers,ruct”~shall “~tbeerectedorusedorlandshall “otbeused f”r,bepurpareofaService~,a,io”oraCarrcpairsta,ion ““less -

(a) the site is more than ninety (90) mc,res from the junction “I intenection of @NO (2) or more Main Roads declared punua”, to the provisions of ,heAkirt Roods Act 1920-1988 OI fmm the ju,nction of wo (2) or more roads which fbe Council considers ~0 have, within a period of aventy (20)

( T an, a” average daily

traffic flow of more than fwe thousand .OC0) vehicles, or from the junction of a Main Read declared of ,hcMoin Rood? Acr 1920-1988 a” B

ursua”, to the pmvisions a mad tiich the Council

considered will hsve, within a period of hventy (20) years, a” average daiiy traffic now of more than fve thousand (S.Oaa) vehicles;

(b) the site has fm”,r,m a Main Road declared pursuant to the provisions of the rxrz RoodsAd 192&1988 or has frontage to a mad tiich the Council considers till have within a period of twenty (20) years, an average daily traffic flovf of more than five thousand (5,000)vchick.s, and

(i) where the site is a caner lo,, the frontage to such mad is a, least thirty-six (36) mctm; 01

(ii) when the sik is no, a comer lo,. ,hc fmntagc to such mad isat least foq(40)metrcs;

(e) the site has frontage t” any mad, other than as specified in subclause(b) hereof of a, least thirty-six (36) me,~;

(d) fhewidth of avehicularcmssingora footpath is less than nine (9) mctres;

(e) anyvehicularcrohsingovera footpath&a, leas, seven (7) mefres to a road intenection:

(0 any vehicular emssing over a fwtpafh is a, Las, nine (9) metros from any other such vehicular cmssing;

(g) separate entrances to and exits from the site are provided and such entrances and exits are separated by ph ical barrien mnstructed on the mad alignment and so i&n,! ted by suitable r signs readily visible to penons using the adjoining mad or entering up-m or leaving fhc site;

(h) where the site is a comer lo,, and if the Council so requires, q,arate entmn~ and exits are provided to and from each of Lhe adjoining mads and a physical barrier is erected so that a vehicle cntcringthe siteahall,whc” icaving i,! we a” exit leading only to the mad from tiich entrance was gamed;

(i) inlets to bulk fuel storage tanks are so situated on the site as to ensure that tankers, while discharging fuel into such tanks. shall stand w+vhoflvwi,hi” the site;

(j) fuugznq;;;;hi;!he site and no, closer than ,ive (5) me,reS

(k) the layout of the site is such as to facilitate the movement of vehicles entering upon or leaving the site with the flour of traffic on the adjoining mad;

(I) vehicular access fo or from the site or to a” adjoining m?d is situated at least twenty-four (24) metros from any traffic bghts an such mad:

(m) ,hc site is suitably landscaped to the satisfactia” of the Council.


Division VIII Hotels

1. A building or other structure shall not be erected or used and land shall not be used for the purpose af a* hotel ““,es.s

(a) where the site is located within the Business Zone or the Light IndusttyZone,the sitesize isst leastskthousand (6,0M))square metres;

(b) *&yu;;” parking area is landscaped to the satisfaction of the

1. (a) Where application is made far * c*tavm park on land within the Shire, the applicant, in addition to meeting certain minimum criteria, must dFmO”Sttate that the pm*ase* dc”clopment -

(i) satisfies the stated planning requirements for the site;

(ii) has due regard to the existing and proposed amenity of the area and the physical character of the site;

(iii) provides a* attractive development with* range of fditics for patrons: and

(iv) provide-6 gd *mess to urban facilities including schools, shops, places of empl”yment, comm”“iry scticcs, major roads and public transport, or enjoys * unique 52enic 01 remeational locational advantage.

@iii) Not less than five (5) per ccntum of the total site arca at the Camvan park shall be provided as a landscaped recreation area for the use of occupants; such area to be provided in one or mote locations of not less than five hundred (SW) square mctres in area with a minimum dimension of fifteen (15) metres. This area is to be additional to access and parking areas, buffer strips, and clothes dlying areas, and shall be located, landscaped, and maintained to the satisfaction of the Shire Engineer;

(b) The fallowing conditions and rc respect to the use of any premises 9

uircmcnts shall apply with

park:. 01 the putpase af a Caravan (ix) Ala”dscapi”gpla”istobcsubmittedsh”wi”gthepraposed

landscaping details and specifying suitable tree wes in res ect of all landscaping within the park including all bu P fer strips and recreation areas;

(x) Within the recrcatio” area, a fenced childtens’ pl~~?und shall be provided to the satisfaction of the Shire “gxnccr and Shire Health Surveyor,

(xi) I” addition t” the teacation arca, a rccreatio” building shall be provided to the satisfaction of the Shitc Engineer and Shire Health Surveyor. The area of the recreation building shall be assessed at not less than one (1) square mcttc per carwz” or relocatable home site and shall be providcdi”o”cormorebuildi”gsof”otlesstha” thirty(M) square mctrcs in area. The building(s) shall provide areas for bnth active and passive rwreatiw:

(i) The mea of a” allotment “1 parcel of land which may be used for a Cat-an” park shall be not less than uo @ a,,.$,) hectares and capable of being connected to Council’s sewerage system. The Council shall not generally permit Caravan mrks to be develowd on sites “at able to be connected to the Council’s s&rage @cm provided that Council may, at its discretion, ap

P mvc a Caravan parkwith

a package sewerage treatment p ant where the location of such park complies with performance standards’ in paragraphs (i) t” (iv) of subclaw (a) of this clause. An environmental impactstudyrcponand statement of impact addressing issues I” accordance with guidelines formulated by the Council for each application shall be submitted i” respect of every application for a Caravan park “n land not able to be connected to the Council’s sewerage -tern;

(ii) The requirements of the Council includingrequirements as to water supp@, power supply, drainage, disposal of waste water, and sewerage shall be complied with at all times;

(iii) Nopartofanysitcallottcd toacara~norrelocatablchomc shall be with”, twenty (20) mcttcs of any road frontage “I within sevc” (7) metres of any othct boundary of the Caravan park, provided that Council may inctcase the side and rcaiboulidary setback required v&c the Catav-a” parkisadjacenttola”di”aRvralorRuralRcsidc”tialZo”e orwberrtheCavncileo”aidersa rtcatcrsetbackisteauired to maintain the amenity of a” &a. The areas coniained within the setbacks are t” bc dcvcloped solely as ttee planted landscaped buffer strips provided that the Council, at its discretion, may permit the erection of a Catctakcr’s dwelling and where provided in conjunction with such dwelling, a” office, kiosk, and storage facilities, and recreational buildings “t stmct~re~ to within te” (IO) metrcsofanxdfm”tage,wherethc Cauncilissatistiedthat suchstrvctuteorstructuKswovld”otbyreaso”of,ocatio”, des@, orientation, “I construction materials used, have a detrimental effect on the amenity of the area. Additional landscapin

f -would be required to adequately screen such

stmtiures mm the mad;

(xii) Where there are “O shopping facilities or land zoned or approved for shopping facilities within eight hundred (800) mctrcs of the Caravan park, a kiosk, maintained for the exclusive USC of occupants of the Caravan park, shall be provided on site to the satisfaction of the Shire Engineer and Shire Health Surveyor;

(xiii) Structures, other than carava”s, campervans, relocatable homes or approved annexes attached thereto shall not be pcrmittcd wthi” a Caravan park without the Council’s approval;

(xiv) The area allotted t” a camva” ot relocatable home shall be not ,es than three times the “oar area of such cam~n 01 relocatable home. The flaararca as calculated shall include a” attached a”“exe;

(xv) No part of any camvan or relacatablc home, “I any anncxe “I other approved sttucturc attached or ancillary thereto shall be situated within two (2) mctrcs of any boundary of the area allotted to the site;

(xvi) Each site within a Carwan park shall be clearly delineated a” the gmund. Where required by the Council, pmtisio”s shall be made for the pla+“g of shrubs along the site boundaries to define each lndwidual site and to provide shade, privzry and visual improvement;

The area within each site shall be landscaped and treated to the Council’s satisfaction to provide a” attractive, low maintenance surface;

(v) The remainder “fthe sites shall contain a minimum area of one hundred and thitty-two (132) square mettes and not more than one catwm shall be parked at any one time on a” area so allotted. The minimum dimensions of each site shall be eleven (11) mettes in width and twelve (12) metrcs in depth and no camva” parked thereon shall exceed eight (8) metm in length;

(vi) All sites spcciticd in (iv) abwc shall bc pmtidcd with underground services including drainage, sewerage co”“ectio”,vastcdisposal,watcrsupply,powcr,tclcpho”e, and television “utlets to the requirements and satisfaction of *he Shire E”@neer;

(vii) All sites specified in (v) above shall be provided with underground setices including drainage, waste disposal, water suppl satisfaction 0 Y

, and power to the requirements and the Shire Engineer;

(iv) Ihe total number of sites to be set aside far longer term occupancy within a Camvan park shall be in the order of fifty (SO) per centurn. However, the Cauncil, at its discretion, may vary this pcrccntagc taking into comidemtia” locational and other criteria in determining each application. Each site so designated shall contain a minimum area of one hundred and “mcty-five (195) square mewsand not more than one caravan arreloeatable home shall be parked ?r erected at a”~ one time on a” area so allotted. The mInimum dimensmns of each site shall be thirteen (13) metrcs in width and fifteen (19 mctres in

@ii) Provision shall be made for the tying down of all camva”s as pmtectio” against cyclones and tempests;

(xviii) Internal madwxys shall “at be less than seven (7) mcttcs in width, six (6) mares of which is to be fulb sealed with mn~tete edtine or. where “ecesav. kcrb and channelline. andshal! &ct;“e&~~ i”~orpo&e speed-bumps to tile sat,sfactmn af the Shrc “gtneer;

(xix) N” sites, internal roadways, buildi” &F

or other stmct~~es shall be located below the Adopted ocd Lint unless the c”“se”t of the Council is obtained and all sita shall have flood-free access to the satisfaction of the Shire Engineer;

(m) Internal street lighting shall be provided to the satisfaction of the Shire Enginecr. Such lighting&all be ofa low profile providing illumination far the internal madcap only. All external lightingincludingadvcrtisi” shall be controlled by master switching and shall be shut ” f fat 10.30 p.m.;


(xxi) Motor accessways shall be laid out to avoid vehicular and pedestrian congestion both an the site and at points of acces to public roads;

(xxii) Noiseshaffbc CantrolledaithinthecaraMn parks0 that no nuisance is caused to penons beyond the boundaries of the caravan park. No amplified noise system shall bc installed or pmntcd to be used;

(xxiii) Fire fighting facilities shall be installed tothe requirements of the relevant Fire Control Authorities;

(niv) A pcrmancnt manager’s residence shall be established within the Cammn park to supemise, at all times, the meration of the Caravan 1)ark and to ensure camoliance 4th the Council’& qui&ents;

(mv) No animal shall bc permitted to be kept in a Caravan park otbcrthandomesticpct keptwithinamanager’sresidcnce;

(mi) A,, sites shall be suitably numbered and each number shall be pmminentiy displayed on the site;

(xxvii) Appmvcd refuse ~ceptaclcs shall be pmvidcd and the dlenion and removal of refuse shall be undeRaL.% to the satisfaction of the Shire Engineer and Shire Health SUtVCpr;

(z&ii) lau?dy faeilitich shall bc provided in accordance with the provlsmns of the Council’s Health By-lav.s relating to caravan Parks;

(xxix) Toilet and ablution facilities shall be provided to the

pmtidcd that this provision d&; no, appfy,to c&i;; faeilitics located wholly within a caravan sttc for the exclusive use of the occupants of a relocatable home or caravan located on that site;

(XIX) All toilet and ablution facilities shall bc artificiallylitduring the hours between hu,,set and sunrise 10 the satisfaction of the Sbirc Engineer and the Shire Health Surveyor;

for the stationing of a caravan and the shall be provided on everysite within

a Caravan Dark ~mtidcd the Council may waive this rquircmcnifor t&z erection of a relocatable borne;

(mii) Pmvi~io? shall be made for one paved carspace on way site wthm a Caravan park,

(miii) All caravans other than those for which the Council approval has been granted for a longer tcrmresidcnry. shall be readily movable at all times; w+vxc fitted, wbcels Shall not bc rcmo~d and tyxs shall be rctaincd in good order at all times;

(xx&) Storage facilities shall be m&cd in a central location for the USC of residents. i& individual storage sbcds 01

rmitted on a site allotted to a caravan; maygrant buildingappmval ma

storage shed ancilla~ to a rckxatablc home; (mv) Not more than ,wenty-five (25) per centum of the total

numbcrofsitesshallbeoecupiedbyon-sitccaraMNand/or rclocatablc homes owned by persons other than those residing therein;

(x-xvi) NotiJhstanding the provisions of the above, the applicant shall,,fthc CovncilconsentrtotbeapplicationforacaraMn park - (A) comply with or make provision for required external

works including madwo~ks, drainage and alterations Lo wblic utilitv mains and services rendered ncccssarv as H IcsYk of the dcvelopmcnt;

sccondt (9) dedicate as mad, free of CM, to the Council, such pan

of the land as the Council required to be so dedicated

Yl~W for road widening or truncation and for egress and ingress in the site;

C (x*xv;i) ( ) compiywith any other requircmcntswhicb the Council may reasonably and relevantly impose.

- Division X - DSve-h YDmmt~

1. A building or other S,NC,“IT shall not be erected or used and land shall not be used far the pu’po~e of a drive-in theatm unless - (a) any vehicular entrance to or exit fmm such drive-in thcatre is

located not less than “in&y (W) metrcs from a Main Road declared

l 1920-198 ; ummnt to the provisions of the Maio Roodr Act

(c) thc,screen of the driw-in thcatre is so located or protected that no unage mjcctcd thereon shall bevisiblc and identifiable from a Main i i 1920.1988.

oad declared pursuant to the Main Roods Act

1. (a) In addition to the provisions afanyCounci1 by-lawthe provisions of this clause shall apply to the developments listed in subclause (b) below which are commenced after the Appointed day.

(b) Apersanshallnotcrectorcausetobc crcctcda buildingaratbcr ~trucfurc oruse land or cause land tobc “sed foranypuqnscsc, out in Column I of the Table hereunder in contmvention of any of the requirements set out in Column If of the said Table opposite thar development.

THE TABLE column f Column II

De”c,aomcnt RcauiremcnLs sird avlaty, pigeon loft and pouhypcn

cattcly

Church, place of public worship and church hall

All buildings and structuesshall bcsa l~catcd that they arc not less than twelve point one-nine (12.19) metres from any residential building. (a) A cicly shall not be ciablished

on a parcel of land, the area of -which is less than one (1) hectare.

(b) No part of the cattely or sick bay attached to ,hat cattcry shall be construered within ff$y-three (33) metICS =“Y d~velling-house,babitablc building or thirty (30) mctres of any property boundary.

(a) New buildings to be erected on land in a Residential 01 Village Residential Zone shall bc so located that no part thereof is within seven (7) metres of any external boundary of the land on which tbcy are located. This requirement does not apply to a budding for USC as a rcsidcnce.

(b) Car parking for wnhippcrs shall beprovided within the curtifage of any new building in a Residential or Village Residential Zone at tbc rate re Division 9

uired in clause 1 of 1 of this Part.

Crematori* When located on land in a Residential or Village Residential Zone or on land adjoining a Residential or Village Residcnttal Zone, the crematorium and associated buildings shall bc sited so that they arc not le.% than tiftce” (15) meties from any property alignment and shall bc scrccncd to the satisfaction of the Council from the mad or adjoining properties.

Daily No daiy shall be located so that any partof itisnca~rtbanfifty(50)mct~s from any residence on the same holding or nearer than two hundred (XW) metm from any other residence and so that it mcct.s the requirements of the Dcpartmcnt of Primary lnd”striw.

FOGStry Forestry plots shall an@ bc permitted in cases where the coverage of the pmposcd site by natural vegetation (i.e. trees and shrubs) is less than ,wenty(20) perccntumofthe totalsite mea.

KC”“4 (a) A kennel shall not bc established on a parcel at land containing an area of Iw than four (4) hectares.

(b) No kennel 01 sick bay shall be constructed within thirty-three (33) ,,,~“s of any dwellin -house or habaablc building or !f,y (SO) B m~ttcs of any pmpcrty boundaly.

(b) there is within the site of the drive-in theatrc, a vehicular drivewyy, a~ least sip (64) mettw in length a@ hventy(20) ~f~~~.~,nrvldth,,eadrngfrom thccntrancetothea~teofLhe,~ckc,


colum” I cdumn II De”elopme”t Requirements

S*WlliO The system of collection and disposal of all sawdust snd other waste matte* resulting from the use shall be determined by the Council.

Stable No horse shall be stabled less than fifteen (15) metres fmm a residential buildingorwithinfif~een(15) metresof anyboundaryof theallotmentarparcel of land on which the stable is erected.

zml0gical gal-den Buildings and other structures associated with this use shall be PO located that they are “at less than sixty (60) metres from any residential buildings on the same holding, or nearer than two hundred (Zoo) metres from any other residence, and “at less than sixty (60) metrcs from a mad and “Of less than fifteen anyotherboundalya i

15) metres fmm the allofment”~

parcel of land an which the zoological gardens are located, and so that it shall not pdhte a”ywaterco”se.

Saw as is otherwise described in this Part eveq building “I structureerrctedaftertbeAp*ai”teddayo”la”di”aReside”tial or Village Residential Zone, orwhich abuts a Village Residential or Residential Zone shall conform to the same boundary clearances as are required for dwellings in the Building by-laws.

PIGGERIES, DAIRIES, FEEDLOTS AND POULTRY PARMS 2. In Clauscs3and4the tem”Watercounc” has the follawi”gmea”i”g:-

Indudes land on which rainaatcr or ~tomwatcr runoff co”c~“tmk~ and land on or over which rainwater or stormwater runoff usually or occasionally floaa in concentration in a defined channel, whether -

(a) a natural channel; “I (b) a natural channel artificially improved; or (c) anatiifieialehannel thatbasehangedtbemune ofanatural

channel. Tix term dces not include a closed conduit conveying stmnwater.

3. (a) Subject to subclause (b), a new piggery, daily, feedlaf 01 pauluy farm or a” expanding existing piggery, da@, feedlot or poultry farm shall not be l-ted at lesser distances than the separation requirements set out in Table 1 to this clause.

(b) A paso” maybe permitted by the Council to establish or expand an ctidsting p&cry, daily, feedlot “I @by farm at a ksscr distance than that set out in Table 1 If. in the aoinia” of the Council following consideration of a” or all ot the matters contained in paragraphs (i) t” (vi) o r this subclause, special circumstances exist which warrant such modification: Provided that no piggery, feedlat or paultly farm shall be located cl0sc1 than ane thousand (I,K@) me&s to a Residential “A” Zone, Residential “B” Zone, Village Residential Zone, Rural Residential Zone, Public Open Space Zone and Private Open Space Zone and provided further that no daiv shall be located closer than fii hundred (500) metres to a Residential “A” Zone, Residential “8” Zone, Village Residential Zone, Rural Residential Zone, Public Open Space Zone and Private Open space z.one:-

(i)prevaili”g winds; (ii)topagmphyof the area;

(iii)number of pigs, cattle, paulby to be kept; (iv)aoil condition of the land; (v)wastc dispcsal methods; or

(vi)a”y other matter relevant to the proposal.


Piggay

Separation of Buildings, Ponds, Manure Storage, Pens and land Disposal Areas from the Boundary of Land Used for Specific Purposes (“,stancc in Mctres,.

Excluding “no through roads” less than SW mete.

Other than constructed 01 maintained mad.7 or where there is ncighbouring residential buildings.

Except aiy gullies and channels.

4. (a) Subject to subclauses (b) and (e) of this ckw.se, no pa-son shall establish a piggy is less than eight

, poultry farm, feedlot or daily on a site which

(b) Apiggery, pcmltlyfam, feedlot 01 daily established or expanded after the date of the coming into farce of this amendment to the town planningschcmc shall include an area for the application of wastes in accordance aith Table 2 of this clause.

“SE

Piggay

Dairy

I. WASTETYPE APPIKATION RATE

Rav/ Manure Slurry 2.5 pigs/ha (0.04 ha/pig)

Treated Solids 103 pigsma (0.01 ha/pig)

Waste Liquids 5M)pigdha (0.002 ha/pig)

Liquids and Solids 50 beasts/ha (0.02 haibeast)

Manure

Lava

Broiler

40 beasts/ha (0.025 ha/beast)

1 Wo birds/ha (0.001 hdbird)

10 033 bids/ha (0.0031 ha/bid

mattax mntaincd in paragraphs (i) to (vi) of subclause (b) of clause 2, special circumstances exist which warrant such mcdilication.


STRATEGIC PLAN

PART A

IhTROD”cIlON

This Strategic Plan famu part of the town planning scheme for the Shire of Mirani. It has been prepared I” accordance with the provisions of the Local Govemmenr Acr 19361990 and consists of three (3) parts as follows:

(a) PART A containing a statement of objectives of Mimni Shire Covncilinrelationtoprefcrrcddominantlandusestogethcrwith other criteria for determining the lyye, scale 01 distribution of other uses required as an integral eomponcnt to service the preferred dommant Iand uses;

(b) TRE,KEUE~ PL$N MAP which identifies the preferred

(c) PART B SUPPORTING ,NFORMATfON containing information used o* in connection with the preparation of this 4 strategic Plan.

The Strategic Plan Map and Part A (statement of objectives) are contained in this document. Copies of Part B Supporting Information, which copies have been signed for identification b the Clerk of the Executive Council, are held at at the office Of the b lrCCtoI Of L.oc*, Govemmc”t and at the office of Mirani Shire Council. PRINCIPAL AIM The prep+@ of bpth the Strate@c Plan M?p,and objectives follow ~~x$one pnnapa! au” for the SLre, wixch 1s I” essence a planning

“To enhance and safeguard the health, safety, convenience and the 5 economic, cultura!, sacid and generalwelfare afthe amenities of the district and promote developer con FPle and the consistent development contra, of the Shire.”

ldcnce through

PREFERRED DOMlN.4N-r LAND USES The Strategic Plan Map co”sists of an overall map of Mirani Shire showing the preferred dominant land uses, details af which are as fOlIOaS: (a) L!rb**

Thisisshovminpinkon theMapandi”dicates thaseareaswhich areco”sideredsuitableforde”e,opme”tfor”*anpulposes.The term urban is used to indicate that the area is not only confined to residential uses but will include thase commercial centres and other uses which service the residential area and are normally found as an integral pan of that area.

(b) Rural - cancgrowing

(j) Tourist Facility An orange triangle is used to indicate those areas which are existing rgnificant tourist facility *re*s.

(k) PossibleTourist Facility AreasaithintheShirewhichareconsideKdtobepossibletourist facility gmtih areas arc show” by a broken triangular orange symbol.

(I) Extraetive Industry Existing or proposed areas within the Shire which arc sui,able for use by extmctive industries are shown by a red circle on the Map.

(m) Possible Major Water Storage Area Theproposed Finch Hatton Creek Dam isshoun on the Mapby means at a broke” blue triangle.

PRINCIPAL GOAL.5 Mimi Shire Council has four (4) principal goals for land uses in the Shire:. (a) Provision of basic community facilities to all urban settlements

to ensure public health, safety and community development; (b) Promotion of development in the cane growing, daiqing and

tourist industries; (c) Provision of an adequate transportation network for both

industry and general use; (d) Conservation of the natural resources which provide enjoyment

and economic sustenance for residents of the Shire. OEN3Z”“ES AND IMPLEMENTAnON The following arc the objectives and criteria relating to preferred dominant land uses intended to support the principal aim of the str*tcgic Plan as expressed in Clause 2 : URBAN Objective

Toencourageurban developmentinareasrvhiehare capableofbcing [email protected]. Imp,On~OtiO” (a) Council shall encourage urban expansion in the towm ofMira”i

andMananwherethenecessalyfaci,iliesandsetvicesranbebcst pICGM.

(b) Council recognises constraints upon urban expansion at Finch

(c) Council maypumit urban expansion at Eungella as a result of increased tourism activities.

This is shown in light brarvn on the Map and essentially comprises thoSe areas ofvaluable sugarcane landswhich should prefembb be retained for that purpose to the exclusion of other uses. These areas arc also shown on Queensland Department of S C Primary industries maps contained in Part B. ,,%,(d) Other townships within the Shire shall “at be permitted to

(c) Rural - Dailying expand Y~ICSS the necessary infrastructure is provided.

“b%kka. CANEGROWING This is shown in goon the Map and esxntia,~comprises those areas of importance to the dailying industry which should ~:xferably be retained for that purpose to the exclusion of other

(d) Rural-Other This is shown in dark brow” on the Map and essentially comprises grazing areas and balance area of the Shire not rcqumd for other preferred dormnant land uses.

(c) l”d”my Areas within the Shire which are considered to be suitable for industrial purposes are shown by a purple circle on the Map.

(f) Special Govemmcnt Purposes Land within the Shire which is used or proposed to be used for a substantial Government or semi-Government function (be it Commonwealth, State 01 Local Government) is shown in yellow on the Map.

(g) Educational Facility Existing and anticipated future primary and secondary school locations are shown by a yellow triangle on the Map.

(h) Public and Private Open Space Areas within the Shire which arc existing or proposed as public and private open space are shown by dark green on the Map.

(i) National Park, State Forest and Timber Reserve Theseareas covera largepartofthe Shireand areshown in light green on the Map.

Objective

ToprotecttheShire’sprimeeane-gra~”g,andfmmunnecessalyand undesirable intrusions by other land use activities. I~pl~~tllliO” ‘Ike Rural Canegrowing areas shown aspreferred dominant land use on the Strategic Plan Map have bee” supported by Rural “A” zoning on the town planning scheme Maps. These Rural “A’ Zones will be maintained, with rezonings generally prohibited in order to achieve this objective. The rezoning of Rural Canegrowing areas will only be proposed to be approved by the Council if the land is unassigned as caneland, unsuitable for canegmwing as classified by the Department of Primary Industries and suitable far the proposed use. RURAL - DAlRYING Objeuiw

To protect the Shire’s prime dairying land from unnecessar/ and undesirable intrusions by other land use activities. Implementation The Rural Dairying areas shown as preferred dominant land use on the Strategic Plan Map have bee” supported by Rural “A” zoning on the tow,, planning scheme Maps. These Rum, “A” Zones will be maintaine$ with rezonings generally prohibited in order to achieve this abjectwe. Development proposals which lie within the Rural Dairying area shown,“” the Strategic Plan Map -+i,, be subject to an assessment of the sutability of the land for danymg.


The rezoning of Rural Dailying Areas will only be pmpased to be approved by the Council if the land is not suitable for dailying as dctcrmi”cdbytheDepanmc”tafPrimalyl”dustricsa”dsuitable for the proposed USC.

RURAL - OTHER

objective

To protect the balance arca of the Shire’s agricultural land “ot us-cd for canegrowing or dairying fmm unncccrsaly and undesirable intrusions by other land use activities.

IWlpl~P”t~tiO”

The Rural Other uses show” as prcfcrrcd dominant land use on the Strategic Plan Map have bee” supponcd by Rural “A” zoning on the townplanningscheme Maps.

The rezoningof Rural Othcrareaswillbe mnsideredbythe Council in preference to rezoning of Rural Canegrowing 01 Rural Dabying areas. Any proposals far rezoning of Rural Other areas are to be suited to the area.

RURAL RESIDENITAL

Objective

Topermit subdivision in suitable attractive rural locations within the Shirctomeetthedcmands forrumlrcsidcntial livi”&tiilstcnsuring that their location is not prejudicial to existing and potential cane-growing and dailying activities.

Impkmmmion

Lands which are used for, 01 are potentially suitable for use for canegrowing or dairying shall be conscrvcd by permitting a subdivision or rezoning under the town planning scheme anlywbcrc it has been show” that -

. the land ca” be used for the intention of the zone in which the land is proposed to bc included:

the purpose of the subdivision is consistent with the intention of the zone;

the land has bee” classified by the Department of Primary Industries as unsuitable for existing or potential canegrowing or dailying purposes.

A rezoning of the land to the Rural Residential Zone shall only be cansidcrcd where -

(a) the oropased rural rcsidcntial lots emanatiag therefrom are - -. apprapnatetothe”ccdsa”ddcmandsofthcShircarca,seniees, population and community facilities. Propeals that would lead to subdivisions that arc not required to meet building indust?, requirements in the forcsccable future or which would lead to inappropriately located developments with respect to the Cnunril’r services and communihrfacilitics orwbich mav lead to cnvimnmental problems arc liable to rejection;

(b) the land is “of cxistingorpotentially suitablecane-growing land, and in the Council’s onmon will not be rewired for future dairyingpurposcs; I

(c) the land is not likely to be required for urban development;

(d) &&;, will not require stormwater drainage and sewerage

(c) in the Council’s opinion the land is rcaso”abIy accessible to community facilities such as schaals and shops:

^..

(n) proof of the adequacy of the subject land to dispose of domestic effluent by means of absorption trenches is submitted;

(0) any “cw roads to be provided fronting pmpmcd “cw lots a~ to be constructed to bitumen standard, and the longitudtnal gradient of such mads shall “of cxcccd 16%, except where I” the opgnionof the Council the uniqucncss ofthe cbamcfcrarterra~” w-arm”ts adoption of a steeper grade, in which case such steeper grade shallonlybcpennitted underspecialconditions to be rued by the Council;

@) ~~;;:esL$t land is proposed to be set aside for parkland

(q) evidc”ce afthcs~ilabilityofapotablcaatersupplyta orwithin the subject land is submdted.

OPEN SPACE

Objecrive

(a) To pin the areas of natural and envimnmcntal significance wthm their natural state, and where practicable, to cons&date and secure such areas as public rescrvch.

(b) To ensure that dc-.elopme”t prop-x& have a minimal effect “p-2” the natural cnvironme”t by prcscming “atua, forest areas and by minimising any soil emsio” caused by the development.

$$$,$&?nd ’ f‘+/bhb The destruction of trees and excavation 01 filling of land in a Rural Zinc shall be minimiscd so as to protect and presave the natural e”“iro”mcnt:

(a) There is no potential nuisance caused through erosion of soil, ground slippage or accelerated stomnwter runoff;

(b) I+ is no substantial lass of amenity caused by the loss to the pubhc of an impartant clement of the landscape.

Application far the approval of the Council to carry out cxcaMtl0” or tilling of land shall be made in accordance with the pmtisions of the tmw lanning whcmc Schedule Part 11 Division I, Clause 6, 01 Section 3 f of the Act, as the case maybe.

When dealing with rezoning and subdivision applications, the Councilwill haveregard tothc “eedtohave dcdicatedaspublicope” smce those areas included in the subiect land which ax of natural *id environmental significance. .

TRANSPORT

Objective

To create a functional mad system to cnablc people and goods to move throughout the Shire co”vc”ic”tly and safely.

,f”*lemen*afio*

Upgrading of Council and declared roads and bridges within the Shire is required in order fo provide all wcathcr roads to service the canegrowing, daiqing, timber and tourist industries.

Objective

Thecapacityandfunctio” ofthe major arterial madsinfhe Shirewill be reinforced.

P~pmalsforrezo”i”gorsubdivisio”ofla”di”ribbo”dewlopme?ts whiehwillpropagatctheabtainingof dircctacccssonta the follwng declared Main Roads will “ot be approved:- _ .I,

(f) practical, constructed mad access located within a mad ~cscrvc is available to the subject land 01 will be provided;

(g) the subdivision is seticed by or capable of being seticed by a” adequate supply of electricity;

(h) the subdivision to be designed so as to prcsclvc existing minforcst or other timbered areas, and to prcvcnt soil erosion;

(i) evidence is provided that f east c YI mg sites are available ‘bl b ‘Id’ within each tndtidual lot;

(j) the land in the vicinity of the subject la”! is “of being used for a pulposc deemed by the.Cou”ci, to be ,“mmpat,blc wth nual radential uses;

(k) thesubdivisional desigxshall besuitable topamiteascof access to all allotments by fire and cmcrgency vehicles and the subdivisional layout shall be designed to minimize fire hazard.

(I) adequate ph@d access to individual lots can be obtained fmm the adjacc”t constructed mad;

(m) atleast50%ofeaehlotisabovethecstimatcd one(l) i”fifty(50) years return period flood level in adjacent creeks or streams, and such area is capable of containing a dwelling. sheds and such other strucfure~ which may reasonably be expected to be associated with the dcvelopmcnt;

J ‘= - ’ +a 14 I

Mackay - Eungella Road Marian - Eton Road

* Marian - Hampden Road

TOIJRI.Yr IND”sIllY

Objective

To provide areas for zecreatio” and tourist activities, and to encourage the consolidation and expansion of the tourist Industry within the Shire as a vital link in the overall tourist package available to\lsitors to the Mackay region.

Im*leme”tofio”

The Strategic Plan Map designates areas far the location of tourist and rccrcatm” actwities.

There is a need to protect the natural features of the Shire and to faster man-made tourist attractions to permit the wcmll gmMh of the tourist industry in the Mackay rcpio”. I” this regard, the scenic Eungella National Park complemcnrs the tourist beaches and island resorts in adjacent coastal Shires and the “cw mini” inland Shires, which together provide oppaaunities B

settlcmcnts of or a” extended

sojourn far tourists visiting the Mackay rcgia”. Tile Council will consider each application for development with regard to land use and design factors including carparking, landscaping, the managcmcnt, functioning and buffering of the proposal fmm adjoining developments.


The town Facilities. h’

laming scheme Schedule provides for a zone for Special Is Special Facilities Zone is able to provide the Council

with sufficient flexihilily to permit a variety of uses within a tourist project. When considered to be desirable, the Council will approve applicationsforrezoning to the Special Facilities Zone in response to the requirements of specific tourist and recreation projects. The requirements in relation to each dcvclapment will be determined by the Council an the circumstances of each application.

INDUsI7uAL

Objective To direct any industrial gmwth which may occur to areas which are suitable for such development.

Implement&n Any future industrial gmwth which may occur will be encouraged in those areaswhich -

- are designated on the Strategic Plan Maps as Industry and showx as a purple dot;

- are flat 01 can be developed without excessive excavation;

- have a high level of accessibility,

- areadequatelyserviced, orcapableof bcingsqwith such facilities aswatersupply,elecVleityandsuitab,e efnuentdispasalfaeilities;

- are so located as not to detrimental@ affect the amenity of surmunding residences; and

- do not conflict with existing or proposed cane growing lands.

MAJORWATERSI’OFAGE

Objective Toencovraptheearlyinvestigation andfeasibilitystudyofapaasible dam on Finch Hatton Creek to save the urban and industrial water supp,y requirements of the Mackay region as well as the irrigation needs of the su and Kinchant ams. f

rcane industry and to prevent pollution of Bungella

Impramraabn The ssible damsite hasbeen indicatedbyabrokenblue trianglean the trategx Plan Map. The Council ts aware of the regional r importance of the proposed dam, but is also aware that there are envimnmenml and ecological considerations to be addressed as we,, as the economic implications of the project in comparison to other nearby State Government commitments such as the Eton Irrigation Area and Proserpine Dam.

It is the Council’s desire that a,, these mattea be addressed prior to the feasibility of the proposed dam being established, and that should theDampnxeed,theretentionaf areasofnatuml and environmental si@icance in the Finch Hattan Creek area be madmised.

To prevent pollution of Eungclla and Kinchant Dams, the Council shallnotappmve applications forrezaningorconsen,afsvbdivisions which may cause detriment to the dams as a result of effluent discharge,siltation,d~hargeofanychemicalorfromanya~hercause. Any subdivision or development applications affecting the Eungella and Kinchant Dams catchment areas wi,, be referred to the Queensland Water Resources Commission for comment prior to any decision being made by the Council. The Council may require an envimnmental impact statement of any proposed subdivision 01 development which is considered to have a harmful impact on Evngella or Kinchant Dams.


MHUNI SHIRE COUNCIL 35 Electtieity

Depa*me** of Housing and Led Govem”le”t 3.5 Penauy “*use Brisbane, 20th December, 1990 Definitions

HIS ExceUency the Governor, acting by and aith the advice of the Executive Council and in pursuance of the *mvisions of the Local 1. In this by-law unless the context otherwise indicates or requires, the Go"emmm*Acr1936199q,has bee”,pkased toappmvc the followi”g fcdhving term.5 have the meanings set *gains* them respectively, that by-laws made by the Councd of the Share of Mirani. is to say-

“Access”-Meansthcpracticalmcansofentryof~rso”sandvehiclcs onto each om”ased altotme”, from a construCted mad which

T. I. BURNS

WHEREAS by theloca, Go- Act 19364990. a Local Authorily is empcttd to make by-laws for all or any of the purposes in the said Act mentioned, a”d,i, is further pmvidcd Iha! a b@aw may be amended or~pea,e~a,a”y,llpe~,~e~Au,bonty:I,ahcrc~~,vcdby the Councd of fbe Sh,re o Muan, wtb Lhe approval of “is ceUe”y,he Governor in Council, that the fotlawingby-laws for the generalgoad rule and government of the Area and its inhabitants. and which the Council hereiydetennincs me n ecealyfor,hepmpercxcrcisc andpcrformancc of the functions of Local Government and the powers and duties of the Council, shall be in force from the d&c of publication hereof in the cozenc. Tbc by-laws of the Council of the Shire of Mirani, published in the Govmmcnr Gazette of M August 1969, as amended fro,” time to time, are berebyfunber by repealing existing Chapter 28 -Subdivision of Land and insening the followng new Chapter in I,S stead:-

“CUR 28

By-h No. SUBDfvISION OF LAND

Description 1 2

3 4 5 6 1 8 9 10 11 12

13

14 15 16 17 18 19 20

21

22

23

24 25 26 21

2s

29

M 31 32

33 34

Definitions Application of Chapter Approval Required Application to Council Particulars on Pmpcsal Plan Subdiiional Design Subdivision for Lease Purposes Consideration of Application Refusal of Application Notification of Disappnwal or Approval Documents Plan of suvey NoVo,:,;,io” of Amendmenu as required by the Re@strar

Lapse of Approval - Proposal Plan Application Minimum Frontages, Depths and Areas for AUotmcntS Truncation Submission of Engineering Plans Road Design and Construtiion Drainagc Design and Construction Water Supply and &wage Services Setvices in Roads BoundaryRoads Subdivision of Land Abutting on t” a” Access Re.s,ric,io” Ship Building Relocation of Public Utilities Grading of Allotments Public Garde” and Recreation Space Council Engineer’s Certificate of Completion of Conatmction Fkscme*ts Power of Entry Road Names Practical Access Pees Fkcution of Work

abuts the &“iage thereof 01, where appmwd by the Council, such means of enby byway of easemcn,;

“Allotment” - Means a piece, parcel OI subdivision of land the hou”daricsof-whicha~scpara,clydc~”cdbymc,csa”dbou”ds on a plan of sulvey depcsikd in the Survey Office, or in the case of land under the Real Propmy Act 1861-1986 which has bee” subdivided. a”~ and eve~v subdivision of such land the boundaricsbfw~i~harewparatelydcencdbymctcrand bounds on the relevant plan of such land regis,credv.i,h the Registrar of Titles under and in accordance with the Real Propry Act 1861-1986, or in the case of land under the pmvisions of ,be Miners’ Homertend Lass Ad 1913-1984 the boundaries at wbichareseparatelydefiined b,me,csa”d boy”dso” therelea”,

& lan of such held by the Divism” of Infonnatm”, Department of

rids under and in accordance with the Miners’ Homtead ‘Alu(oi?D’ LewAct1913-1986.1 ,cnndoe.s”o,i”cludealo, held under

Unim and Gray, TidesAct 198S-1988.

-Means a private person or company time or which has madcapplicatia” ,o,hcCou”cil v”der,hlaChap,erforapproMl Lo subdivide land or open a “ew mad;

“Appmvcd” - Means approved by the Council; “Approved design” - A design approved of, a prepared by the

Council, for the future subdivision of land pursuant to the subdwsmnal design requirements of this Chapter;

“Licensed suweyor” - A registered surveyor whvhosc registration is endomed under the Land SwwyorsAct 1977.1983;

“Building site” -That part of a” allotment on which, in the opinion of the Council, a building may be satisfactorily erected;

‘Business Zone” Includes all land in that part of the Shire declared to be a Business Zane, under anytown planning scheme in farce in the Shire;

“Canstrwtion” - In the case of a mad, lane or pathway includes provision for draining, levelling, grassing, pavi”g, scaling, Letting, channelling, ,um-autS and cz-asmve IS and otherwise making and building such mad, lane 01 with the specifications laid dot-m in this &t

thway in accordance *pt.Cr;

“Council Engineer” - The pcrao” ?ppoi”ted Engineer for the puip”seh of ths Ck,,e,%%,“%td,: :: cngmcer OI any o far of the Counnl fmm time to time autborised by the Council to carry out the duties of the Council Engineer far the purpcses of fbis Chapter,

“Cul-de-sac” -A street in which one (1) end has no disc, vehicular connection with another stree!; a street is cia.sified as one (1) culdc-sacwhe” it reacbesapa”, beyondwhich there is no other exit. Thi definition applies reptiles of the “umber of small cul-dc-sacs which branch off from that point;

“Frontage” - Any boundary line or aUotment, which minndw with r.

rt thereof, of a property “I t e alrgnmc”, of a road;

“Induattial Zone” _ includes all laad in that part of the Shire declared t.., be a fight I”dus,,y, Hazardous, Ntious or Offensive, Heavy Industry or other Industrial Zone under any ,OWII planning scheme in force in the Shire;

“Planofsubdivisio”” -AnyPla”*ichdividcsorsubdividesa”yla”d into allotments or otherwise whether or no, such division or subdivision includes anynewmad, pathway, lane orresewe;

“Plan” - Includes a”y map, diagram, dting, wtiia” or detail; “Pmpasd allotment” - Each of several parts of a”y land wlxich is

proposed to be subdivided into a” allotment; “Radial distance” -The distance measured in a straight line from the

nearest paints of the land to be subdivided; “Residential Zone” - Includes all land in that part of the Shire

declared to be a Residential “A” Zone, Residential “B” Zone or RuralResidential Zone u”dera”y,oMlpla”“i”gsebeme in force in the Shire;

“Rural Zone” -Includes all land in thatpar, of the Shirt declared to be a Rural “A” Zone, or Rural “B Zone or other Rural Zone under a”y,ow~ planning scheme in force in the Shire;

“Subdivision”, “Subdivide” _ And similar to dividing into par& whether the (a) by sale, conveyance, transfer or partition; or


(b) by any agreement, dealing o* instrument intertivas (other thanaleasefaranyte~natexeeedingflve(5)yeanwithaut right of renewal) rendering different parts thereof immediately available for separate disposition “I separate occupation; or

(c) bypmuringthe issue of a certificate of title under theReal Ropet?yAct 1861-1986 in respect of a pat of the land.

Where any term used in this Chapter is “at herein defined but is defined in the Act or in anytovm planning scheme in force in the Shire, the term shal!, for the purposes of this Chapter and unless the context othe- indicator; “I requires, have the meaning assigned to it bythekt o*the t”vmpla”“i”gsxbeme, as the case may be.

Application of Chapter

2. Tbep*ovisionsof this Chapter shall app,ytbroughoutthe Area of the Shire of Mirani.

ApprovdReqtied

3. A private penso” 01 company shall not subditide any land whether such subdivision provides for the opening of a road 01 not, otherwise than in accordance with a” appxoa, granted by the Council under this Chapter.

4. (a) Evcly owner of land desiring to opt” a new road an, o* to subdivide such land, shall himself “I by his autborised agent make application to the Council in accordance with the form of application required by the Council and shall at the time of maltingapplieationlodgethe feedetermi”edbytbeCav”cilfrom time to t”“e by resolutla”.

(b) The application shall be accompanied by a proposal plan, and when required by the Councd, the proposal plan shall be pxpared by a licensed sulveyor &ich shall be submitted in triplicate.

(c) The proposal plan shall be a black and white print o* shall be drawn ininko” tracingcloth ordmwingpaper, andnoto” tracing paper, and accurate draw” to the scales

plotted with the “onbpoint upwards, and

outbe*e”“de,‘- ’ wh,ch shall be endoned on the plan) as set

Area of Allotment Size in Subdivision Sea,e (i) Less than 0.1 hectare a scale not less than 1:1ooo

(ii) Greater than 0.1 hectare but not exceeding 1:2Km 05 hectare a ScalC not less than

(iii) Greater than 05 hectare but “at exceeding 1:soQo 2 hectares a scale not less than

(iv) Greater than 2 hectares but not exceeding 130 wo 30 hectares a Yale not Ifs than

The plan shall be B

roperlydrafted and shall be coloured so as to show all new ma sand rcsaves tinted pinlq edsting *oads and resewes tinted bmwn, and the boundaries of the land to be subdivided edged green. Where separate ownerships are involved in the proposed subdivision such shall be indicated clearly on the plan by the light shading of a,, separately awned parcels in other distinctive co,ours.

(d) Prior to the Council granting its appwa, o* consent to a proposed development, it shall have due regard to the effect that such a pmpasa,, if implemented, will have on the emimnment. A”y application lodged with the Council co* approval o*co”se”t which ts foor a developme?! of a type Included in the policy stakmcnt far works R

.9 unrig E”wm”me”ta, Impact Studies

adapted by the Councd ram tune t” time by resalutio” shall be deemedto be incomblete unless it is accomtxaniedbvsucb astudv report and stateme& of impact. A cow ot the p& state”& so adopted by the Council shall be awlable for purchase at the Office of the Council upon payment of a fee determined by the Council fmm time to time bv resolution. which fee shall “at exceed the cast of rcproductid” 01 printing.

5. (=I The proposal plan shall be ladged in triplicate, be signed and dated bytbcpcrsonwboprepared it, and shall sbmvthc following information and particulars:-

(i) The I”,, real propertydesniptia” of the land and the name and pasta, address of the cw”c* of the land;

(ii) Thc location of al,watercourws,~tc*bo,csa”d creeks and a,, know” flood and inundation ,cvc,s correlated t” Australian Height Datum;

(iii) The position of a” existing building on “I within ten (10) metros of the subject land (provided that the Council ma require particulars of the building further than ten (10 ‘; met*esfurtbe*fromsucb la”d)a”dwhethe*thebuildi”go” such land is to be retained “I demolished;

(iv) Thelinesofallexistingsewen s”ddrai”sa”d/o*allexisti”g pipes o* mea”s farihe suppfy of watt*, electricity oi teleeommunicatians;

(v) All roads, tith their respective names and widths. onto which the land to be subditided abuts, and al, allotments adjoining the land, al, easements we* the land, and all allotments properly numbered into which the land is proposed to bc subdivided, together&h the approximate measu*em~“ts and a*ea of each proposed allotment, reserve, road, lane and pathway, as determined by prelimina?, swvey and design;

(vi) If applicable, the area to be transferred to the Council as trustecforpublicgarden orrecrcationspaccsha,, beshown in the bxatm” proposed by the subdivider;

(vii) All proposed drainage asements; and (viii) Wberetbcsubdivisio” invalvesanewmadorwhere “o new

road is involved, but the method of surface drainage is important, sufficient levels t” enable proper consideration aftbepmpasalshallbe obtai”ed.U”lessthe Councilagrees othetise, these ,eve,s shall be referred to as Australia” Height Datum and shall be showm in the form of contours. I” addition, the plan shall show the catchment areas of a,, drainage up”” the p*apeay properly defined. I” the case of asubdivisio”ofla”d~th~“aRes~de”tia,Zonetheeo”toun of the land shallbe shown at a co”tou* infewal of point five (05) metre but if the gradient of the ground is steeper than one to five (15) the contourintelva, maybe two (2) metres;

(ix) The extent of filling proposed t” be canied “ut on the subject land,

(x) Where the longitudinal grade along the centre line of a new road as indicated by the contours o* levels shown under subclause (viii) of this subclause exceeds five (5) per centurn, a longitudinal section of such road shall be plotted from the co”t~ws 01 levels showingthe natu*al surface and the details of the proposed vertical alignment of the road;

(xi) Where the transve~e adc of the natural surface of a new mad exceeds seven ( 5 per centurn as indicated by the confound or levels shown under subclause (viii) of this subclause, cross sections of such road, in addition t” the longitudinal section, shall be plotted. ‘Xx c*oss sections shall show clearly the profile of the “ew road in question, the location of the CIOW” of such road, the crossfalls provided, the location of table drains, catch drains, 01 kerb and channel, the extent of the cuts 01 fills, and the slope of the batten t” be provided; In each case involving the opening of a new road a typical cross section of such mad shall be plotted; Each longitudinal 01 tmnwersc section of a new road shall clearly show the hotianta, and vertical scales adopted in the plotting thereat;

(xii) In every case invoting the opening of a new road, a typical cross section of such road shall be platted, and

(xiii) Every longitudinal o*tm”sversz section of a newroad shall clearly show the horizontal and va’tical scales adopted in the plotting thereof.

(b) Inthecaseafasubdivisio”co”tai”i”go”e(1)o*mo*e*eside”tia, allotments, whether in a Residential Zone 01 not, but in which the whole of the land is not propmed to be immediately subdivided, the balance of the land shall be designed and shown by broke” lines on the p~opos.4 plan, together with a,, the necessary topographical infamatio”, so as to show the existing and proposed means of access t” each separate pa*ce’ and the situationofthcseparatepa*celsi”~latio”topub,~cco”ve”ie”ce present and prospective. Whem “ecessay, the road system shall be show through and over adjoining lands. In the case of rural subdivision. the

P s,s~e”! for the future develapment ” reposed layout of the road thewhole subdivision shall

be mdxated, tagetherwith all othe* *eleva”t information. Where “ecessaly the road system shall be shown we* adjoininglands to indicate the proper relationship of roads with the future *oad qstemh of the locality generally.

(c) I” addition to the foregoing particulars, the applicant shall furnish any further particulars which the Council deems necessary.


(ii) anyparcet of land on which an existingbuilding is situated, so tbatasubdivisionLi”epassestbmughthe building, except where Council may approve upon applicatlan for dispensationbeingmade to it, ofsuchsubdivisianwhere the applicant gjva to the Cmmil an undertaking and, s?h sauity as may bc required, that such part of the burldmg will be remwed, withm a period stipulated by the Councd as will lean the remainder af the building situated 0” one (1) allotment and in conformity with the provisions of the by-lam of the Council.

(h) With regard to this clause, nothing shall bc mmtrued to prevent tbccrcction ofa”ybuildingprt~ontM,(Z)ormo~mnt~guous, scant allotments held under the same owenhip.

(c) (i) In any case where in its opinion the complete subdivision of land would involve the constmction and drainage of a mad or mds, the Council, tie” considering any pmpaaal for subdivision of such land which pmpoaal daes not mclude a mad “I does not in its opinion include a full mad @em f?r the complete subdivismn of the land, may, rAFther tt approves such pmpaal “I not, require the appbcant to submit for its consideration a dcsagn for the mmplete subdivision of the land, and may approve such,dwig” or substitute another destgz for I& and If the appbcant does not submit a design wthin ninety (90) day% after be!ng required todoso,mayi~lfprepansuchadestgn. Adesl~ tivch has been so appmwd or subsbhlted or prepared by the Council is beremaftcr referred t” as “the approved design”. The further subdiion af the land or any part thereof shall “at, sac with the approval of the Council, be effected otherwise than in confamity with the approved design.Anappmveddesignhhallbedeemedtobeadecision of the Council and an applicant shall have a right of appeal in respect thereof.

(ii) The approved design “I a design substituted for it by an order Of the Local Government court, on ap@ from the Council’s decision (the making of which substduted design is herebyauthorised. andtiich shall thereupon be deemed t” be the approved design), shalt be remrdsd by the Shire Clerk and shall be bi”dingo” the mmcr of the land and his successors in title, and on any person hearing and determining an a 1 against the Council’s decision an an

part of the parcery ?f the appmvcd desim ceaikicd application for a urther subdivision of the parcel “I any

~;he;;“ature of the hm Clerk shall be admissible in

(iv) When an appmved design has been made, the Council Engineer may prepare an estimate of the cost of construction of madwmks and drainage in the land the subject of such design, and the Council when considering any pmpmal befme it respecting the subdivision of such land “I system orsuchland, mayrequire asaconditio” ofa p”

rt of such land, which doer not include a full mad

ofsuchpmpasal, that thehubdividcrshallpaytothe %uncil prwal

suchsumahintheopinionofthe~~~lisafairproportion of such estimated cost, having regard t” the natwe of the pmparal &fore it. Such sum shall be held by the Council in trust for the pqose af mahn& or of contributing t” fix costofmaking, tbencccssalyroadsanddrainageinthe land, as it shall think fit.

7. In the case of an application for approval of a subdivision $evh s,uch subdivision is by my agreement, dealing “I imtrument m,m, VIVOZ (other than a lease for any term not exceeding tii (5) years wthout right of renewA) rendering different parts thereof immediately available for separate disposition or separate occupation, the applicant shall submit with such application the relevant agreement dealing or instrument in triplicate executed by the parties mncemcd, together with one (1) unsigned cqy far the Council’s records and one (1) further copy of the plan of the subject land as incorporated in such agrecmcnt, dealing “I instrument.

Suchplansball beinaformaeceptable to thcRegistrarofTitles.The boundaries of the pmpoaed subdivision shall be mloured red and shall be sboam in relation t” the boundaries of the whole of the allotment of which the subdivision farms part.Tix boundaries of the whale allotment shall be sbaw~ in green. The correct Real Property Oftice, description of all of !he relevant I~~,,~;~,1 be shown on the cop<w af the plan submrtted to the

If the Council app- such application for appmwl the mnsent of the Council shall be endorsed on the three (3) executed copies of the relevant agreemen!, dealing or instrument which shall then be xtumed to the apphcant.

8. (a) In respect of anapplication forappmvalof theapcningofa mad, the Council shall take into constderation -

(i) the situation and planningof the mad in relation to public convenience, present and prospective and to inter-eommunicatian~th neighbouringlocaliticswithin “I without the Area;

(ii) the method of draining the road necessary in the circumstances, pre.sent and pms~ctivc, and the dqosal of the drainage;

(iii) whether or not the “wrier will transfer or convey to the Council in feeaimplefora nominal com.ideratiannccessaly drainage ~esewes;

(iv) the character OI construction of the roads necessary in the circumstances, present and pmspcctwe;

(v) whether “I not kerbing, guttering and footpaths should be pmnded;

(vi) the treatment of juncti”” “I intersection of roads; (vii) the classification of the mad as hereinafter provided,

(viii) whether the locality is a residential locality; and (ix) if a proposed ncwmadwill be a lane, ticther “mot a lane

should be permitted in the circumstances. (b) In respect of a” application for approval of a subdiiion of land

(whether the subdnision invokes the “pming of a mad or not) the Council shall take into mnsideratian -

(i) the six and shape and utility of each separate parcel; (ii) the length of road fmntagc of each separate parcel;

(iii) the situationandplanningofthe separatcpsrcelsin relation to public convenience, present and prmpcctiw

(iv) the existing and proposed means of access to the subject land and to each separate lot pmpased to be subdivided thcrefmm;

(v) whether “I not the owxr will trmsfer “I convey to the Council in fee-simple free of cost necessary drainage lPseTves;

(ti) wbethcrthe locality is orpmbablywill become a residential kcality;

(vii) whetherthe landorpart thereof islowiyingsa as not t” be reamably capable of being drained, “I is not tit to be used for residential purpcses;

(viii) the minimum area, frontage and depth of each separate parcel of land as prescribed in by-law IS of this Chapter;

(ix) the amount of public garden and recreation space t” be pmvided in the land to be subdivided;

(x) the truncating of land abutting on road junction “I mtersection of roads;

(xi) thesituatianandplanningoftheaeparatepareclsin~lation b, the cc& of su@ing water, gas and electricity to the several parcels mcluding I” particular whether the subdivision could be,rcdesigned so as, t” reduce thme costs ~;nn;h~reof, and edhertothe suppberort” the c”“s”mc~

(xii) the availability of -“Gal services including electricity to each separate parcel;

(xiii) whether in acmrdancc with this Chapter, the applican!, in ~pect of electricity supply, shauld be required to pmwde, by arrangement with the electric authority, for the undcrgmunding of such supply and

(xiv) the suitability of the subject land t” dispmc of domestic liquidwastes by means ofabsorption trenches ifapplicable.


(c) Pmvidcd that the Council shall not take into consideration the mattersetoutinsubclauscs (v), (vii),,+), (x), @i), (C)and (xiv) of cl*use (b) of this by-knv unless, m 1t.s opman, the land the subject of the applicatm” is situated in a pact of the area which is being used 01 will, if the subdivision is effected, be used for residential, commercial 01 industrial purposes.

Refural 0fApphzion 9. Without in anyway limiting the discretion of the Council, it shall be

a sufficient reason for refusing approval of any pmp-asal plan if - (a) a “ear mad within the subject land or any existingmad 01 street

bounding the land to be subdivided is of less width than the minimum standard width prescribed by the Act for the classiticatio” ofsuch mad asdetermined u”dertbcAct,,ari” the case of a cul-de-sac the turning area is of lesser dimensmns the” will adequatciy accommodate the tuning of vehicles and the provision of services;

(b) provision is not made for public f= acmrdance with the prwisions 0

tie” and recxeatio” space in by-lmv27 of this Chapter;

(c) ptilo” is not made for the availability of wcntial services, lncludlng electricity, in each separate lot;

(d) except when the zoning is Rural “A” or Rural “Et” 01 Special Purposes, the land therein comprised is intersected by or is bounded or partly bounded on any side by a lint of railway! and a mad is not show” on such plan adjacent to such line of ladway on each side thereof, or on the side of such line which is adjace”t to such land, as the case maybe;

(e) the site or orientation of a”y existing building or any building which could be erected on such land would be for any rear,” unsatistactmy,

(0 provision is not made for the transfer free of cost to the Council of 8”~ drainage x.wves or drainage easements of a width which in the opiaio” of the Council may be “ecwsaly to enable the allotments or parcels of land and any “ewor existing roads, to be sufficiently drained into a public drain or onto a” existing mad orwater mume to or alongwhich the drainage from such land or any such mad may lawfully be discharged or caused to “oy

(g) provision is not made for the granting, free of all cast to the Council, of aU other easements which may be required by the Council for the layiag of any utility setice mains and for the provision of access and for the mainteaance thereof;

(h) a”yaUotme”t pmpaed isso low-lyingas not to be, in the opinion of the Council, reasonably capable of being drained by gravitation at all times; or in the case of a” allotment which is low-lying but is capable of bei”

f filled and drained, provision is

not made in the pmpaai to ef ect such tilling and drainage, to the satisfaction of the Council;

(i) the pmposal includes any low-lying allotment capable of being tilled and/or drained, but whvcb ca”““t be so filled and/or dmi”ed.tithoutreauirine fillineordminaee onanexistinemad or mad;, a”d/orad~aee”t-prope;ties; ”

(j) provision is not made for such connecting or other mads as may be considemd”cccssalybytbeCou”Eilwitbi” thesubdivigionor to connect up wth simdar roads or pmlwsed roads I” adjoining subdivisions, or possible roads in the future subdwmons or adjoining land, to ensure the proper development of the surmund~ng locality,

(k) every road comer shoam therein and upon which abuts or abut o”lya”allotme”torallotme”theom

e rised thereinisnotmunded

01 truncated to the satisfaction oft e Council; (I) provision is not made to carry out such works a” the land

proposed to be subdivided as till pmvide pmper drainage of proposed allotments;

(m) provision isnotmadeforvehicularaceessfmmcanstructedmads mto each pmpobed allotment;

(n) provision is not made for a”y improvement in aspect or grade of any allotment dccmcd desirable by the Council to prcsewc the ameniry of the locality;

(0) in accordance with this by-law pmvisio” is not made for the reticulation of water supply, or sewerage, or both water supply and sewerage, to the land to be subdivided;

@) the depth of any allotment exceeds four (4) times the frontage to a mad or the mea” width of the allotment or parcel if such allotment or parcel is irregular in shape;

(9) in the case of a pmpased Rural Residential allotment, a potable water supply smtable for domestic use cannot be provided;

(r) a pmposcd atlotment shown thereon daeS not conform with the clausza of this by-law;

(s) any aspect of the application is, in the opinion of the Council, contrary to good tow planning practice or good traffic engineeringpractice;

(t) the applicant does not propose to r-wide the Council with a sigaecj ~ertiticate from the Mackay 2 ” lectnaty Board stating that eleetncrty ~“p~ty has bee” made available to the proposed a~~tme”ts~“tbep~posedsubdi~io”i”accorda”ce~tbelause 35 of this Cha ter and Section 34(l,?GG) of the Local Govemme”*Acf 9361990; P

(u) a” existing mad which provides access to the development is not adequate in size, strength and state of repair t” support the type oftrafticwbichwillbe encouraged orcausedbythedevelopm~“t of such mad; 01

(v) in the case of hillside subdivision, evaluation based on tests of

10. (a) If the ap@ation and proposal plan are not approved, the Clerk shall not@ the Caned’s decision to the applicant accordingly in titing pursuant to the ptisions of subsection (15) of section 34 of the Local Go vemmenrAcrl936-1990and shall return the pmpaaal plan to the applicant.

(b) If the application and proposal plan are approved subject to conditions, the Clerk shall notify the Council’s decision to the annkmt accordin& in &tine ~umuant to the amvision of s;bsectio” (15) “Pdcctio” 34%of the Local Gowmmozt Act 19361990 and shall return the proposal plan to the applicant. The duplicate copy of the pmposzd Council. I” the case of a pmpaa P

la” shall be retained by the plan approved subject to

certain amendments the Council may either mark the required amendments on the copy of the proposal plan and return it to the applicant, or it may require the applicant to prepare “ew pl?“! incorporating the amendments, and submit them in tnpbcate to the Council.

11. The cost of preparation and duty stamping of all contracts and agreements required by this by-law shall be bame by the applicant.

12. (a) Within a period of two yea-5 after notification of approval, 01 approval subject to conditions, of the proposal plan, OI such exte”dedpenodasmaybeapprovedbytheCou”eil,theapplica”t shall submit to the Council a” accurate plan of suwey in acmrd&“ce with the pmpasal la” appmved by the Council, suitable for demxit I” the tp of ICF of the Rceistmr of Titles. complying withAthe directions contained in thcby-law ~azcttcd under the Land Surrryors Act 19771983, and contmning a,, partieulaawhich may be required by the Registrar of Titles, and duly certified by a bcensed surveyor. Ihc applicant shall also submit to the Council three copies of the said plan of survey as certified by a licensed surveyor. Such cqyplans shall be printed or reproduced on a medium~which is durable and stable in dimension.

(b) It shall be unlawful for rliccnsed surveyor to amend any plan of survey after it has bee” submitted to the Council for endorsement and seali”e.titbout infonninethe Council of such amendments, and amexding the relwanimpies to conform therewith. In no case shall such amendments be made as would contmvene the terms and conditions of the Council’s appm~~l.

(e) If the suweypla” conformswith the Council’s approval and if all the termsandpmvisionsofthisby-lawhave bee” compliedwith, it shall be approved and sealed by the Council and returned to the ap date o P

ticant. The applica”tshall,withi” six (6) months after the the notation of approval of the Council on the

the said plan, tagetherwth a fee for deposit in the P la”, lodge

o fke of the Re&mr of Titles for registration.

Nodfic~n ofAmmdmem as Rcpkd by Ihc Rcgi.ww ofTids

13. In the event of the Registrar of Titles, upon lodgement of a plan of subdivision amroved bv the Council. resuirine the alteration ofsucb plan in anyp&cular, the licensed s&ve$rw~o prepared such plan, shallwithmaperiodof one(l) month fmmtbedate ofeffectingsuch required alterations notify the Council accordingly in titing, and shall foward to the Council copies of the altered plan.

Lapse ofApproval Roposol Ph Application

14. (a) After a p”

tic4 of two (2) pars fmm the date of notification of app- (or approval subject to conditions) of the proposed pla”,orsuchexte”dedpcriodasmaybcapprovcdbytheCou”cil, the approval shall lapse Y”IW the applicant within such period or such extended period shall either - (i) execute to the satisfaction of the Council and in acmrdance

withtheco”ditio”sofappmvaI theworkaf constructing and draining the roads, the provision of water supply or sewerage setices involved I” the pmpohal and other works the cxecutia” of tiich is a conditm” of approval; or


ZONE

Residential “8”

Rural Residential

Village Residential

Light I"dusby

Heavy Industry Noxious and HmFdou lndustly Private open space Public Open Space Special Purposes Special Facilities

117749-211

(ii)subjcct to subsection (7) of section 34 of tbc Act, pa&o”,h; Council such mm as may be agreed upo” with the as the COB, of cxccuting such work and agreed with th; Council as to whc” such work shall be executed by the Council; or

(iii)@ to the Council security to is satisfaction fbat he will CXCN~ such work nytianed i? subclause (i) of this clause ~~~,;~,isfactio” wtix” such tame as may be fued by the

(b) Unless the applicant complier with the foregoing quiremcnts of clause (a) of by-law 14. the appmw, or aplm,v-A subject to conditions, of the appticatto” shall be deemed to have lapsed.

(c) If the appmv-al forthc application andpmpasalplansbould laps and Lhc subdivider desires to have the pmpcsalpla” appmved, a fresh application shall he rcquircd to be lodged, togetherwith the necessary application fee. I” such case, the Council shall no, be bound by its previous dccirio” and shall reconsider the pmpogal and impare such new conditions as it may deem fit in acmrdancc with the provisions of this Chapter.

Minimum Frontogrs, Depurr and Amw for Allo~n 15. (a) Within the Area of the town planning scheme for the Shire of

Mirani land shall not bc subdivided into allotme$s of smaller arca or of smaller dimension than arca rcyctwck set forth opposite the zone indicated in the follmn”g able:-

om

Wm cl” Sm Qm ;Om

om OnI o”l \s determined by Council

blIMhfuM 3BITH

Khl

LO

3sm

3ch”

am

As dcrcmdncd by Council

HE TABLE rlINlMUM %RFcA iNlm* WI”* rot?

vxh”*

As detcnnined by the Council. 1” the subdivision of land in the Residential “A” Zone the Council may permit - 7oo (i) any comer allotment having aminimum area less

than eight hundred (8eo) square metres ptided that the lesser area has bee” caused by a mad truncation an a mmcr of fha, allotment;

(ii) a subdivision fronting the turning circle of a cul-de-sac or fhe aiigmnent of a curved road 16 tivhere the frontage IS less than tM”ty (33) “,etrcs at the road alignment the” it must bc demonstrated that the allotment is ca blc of endosing a square of four hundred ( & ) square metros in area.

In the huhdivisio” of land in the Residential ‘8” Zone the Council may permit - (i) any comer allotment having a m&mum arca less

than eight hundred (Soo) sqvarr meters provided that the kser area has bee” caused by a road truncation on a comer of that allotment;

(ii) a aubdivisio” fronting the turning circle of a cul-de-sac or the ali~ment of a curved mad where the fm”tagc ,s lea than twenty (20) metres at the mad alignmc”, the” it must bc demonswarcd that the sllotment is ca ble of +ncbi,,g B qvarc of faux hvndred ( & metros in are*.

) square

As dctcnained by the Council. As for Residential “A” and “B” Zones above. As determined by the Council. As determined by the Council. As determined by the Council.

As determined by the Council. As determined by the Council. As determined by the Council. As determined by the Council.

Where evidcncc is given to the mm lcte satisfaction of P the Council that *he subdivision of and IS required to

eoablc a” allotment to be pmvidcd fo he vsed for residential pwpmes by the mmcr of the land or .qmue, child or rent of the owner then the Council maypermit an a lotment havi”

p” f a” arca between hva

(2) ha and o”c thousand (1wO square metres to he ;;;l~ded from fhe original parcel of land provided


ZONE

I MINIMUM FRONTAGE

i

MNMUM DEPIH T! HINIMUM

4RF.A +

(b) (i)Nohvilhstanding the provisions of this by-law !be Council mayvq any of such pmtisians whcrc it is consrdend to be “eceasaly because Of -

(A)thc unique size, sbapc, location or topography of existing and propOSed allotmenu;

(B)the unique characterofthe pmp?s+ use intcnded,to be made o the land fo,k,vnng subdmnan as set out m the application for approval of the pmpmed subdivision;

C the enstlng and utwe amenity of the locality. (ii)&. a-i ; 46# spcct of subda se I weto, the Council may approve

of anyfmntagc for a” allofmcnt abutting a” a cul-de-sac or any allotment of irregular shape whcrc -

(A)thc allotment is of such shape as to provide a” adequate building site;

(B)adcquate access is provided; and

(C)it is not detrimental to the amenity of the locality.

TlWUOaOn

16. (a) Subjccttosubsectio” (16c)ofsectia”33afthcLDcalGovemmenr Act 19361990, no plan of subdivision shall be approved unlesz such subdivisio” provides for comer truncation of the land at -

(i)the intcncctio” of existingmads, whether at right angles 01 otherwise whose alignments form boundaries 01 parts thereof of the land;

(ii)thc intersection of “ew mad&

(C)the intersection of a “ew and existing road;

(iv)a comerwhere, in the opinion of the Council, a future mad till intesect an existing mad;

(“)a comerwbichwillbe situated, in the opinion oftbe Council, e,t the intelsection of future roads;

(vi)at any angle exceeding10 degrees, not being a” intcacctio”, in an existing mad.

(b) No plan of subdivision shall be appmve$ unlw sucb,tmncation is provided cxccpt tiere hardshzps (whtch shall “qt ~ncludc the existence of a budding on the required truncation) 1s oecasmncd thereby, inwhich case the Council may w&c the truncation if it considers the ameniticr of the district will not be injuriously affected.

(c) l-runcations at right an@emmerss~aUb,e s*(6) ?etresbyJhrce (3) equd chords unless the Councd m ds dwretm” requrcs a tmncafm” of grcatcr dimensions.

(d) I” the case of truncation other than at right angled camen, the truncations shall be provided as required by the Councd.

(c) Ihe applicant shall, prior to the endorsement by the Council of its approval of a Plan of Suwcy or the release by the Council of any security given for the due pcrfomnnce of mad, drainage or other works, remove all fences, frees and other obstructions whatmeve~ from the truncated area.

(f) lhear~a truncatedshall be dedicatcdasaroadfrceof cost to the Ca”“Cd.

Submmirrion ofEngineeringPh 17. (a) I” a”y subdivision involving “cw mad 01 works on a” ex$ting

road, the applicant shall submit to the Council mad and dmtnagc plans, to

k ether with specifications pmpaly prepared by a

qualified “~“cer. ‘Ibe Council shall consider the plans and specifications without delay and shall notify the applicant of its approval orotheniae.

(b) The Cauncit may, at the request of the subdivider, u”deaa& the preparation of plans and spxifications for mad an,d,drat”age -works required on any subdivision and/or the supe~sm” of the ~onst~etmn thereof. I” such case, the Council shall charge the subdivider for such -work in accordance with the scale of fees laid down from time to lime by the Association of Consulting Engineers, Australia.

SPECIAL PROVISIONS

(i) the pmpmed allotment is in the opinion of the Council suitable for residential purposes;

(ii) that access to the pmpmed allotment is pmtided to the Council’s rcquircments; and that

(iii) the a plicant gives security to the satisfaction Of the& und that a dwellingtill be erected on the pmp-xcd allotment within a period of twclvc (12) months from the date of approval of the subdivision proposal. No further allotments will be so appmvcd by the Council until a house has bee” erected a” the allotment so subdivided.

(c) Final inspection xvi0 be carried out by the Council Engineer a” allroadanddrainageworksassaciatcdwith tbesubdivis~o” ofthc land.

18. (a) Napla”ofsubdivlsio”shoai”ga”c~uroadi”a”ysubdi~sio”shall be a the &u”cil.

p-d unless such mad is constructed to the satisfaction of

(b) I” all subdivisions involvingncwroads, the Council shall take into consideration the existing and probable future development of the locality, present and future traffic requirements, together with the amenities of the district, and shall determine the nature of the locality, the construction requircmcnts, and the width of each mad in accordance therewith.

(c) In special circumstances wherein a mad or part of a mad, “ot bang reasonably a requirement far the approval of a subdivisional proposal, is dccmcd necessary by the Council to provide access to or from a subdivision approved prior to the mmin into effect of this Cbaptcr the Council may waive all or part o f the ccmstmctio” thereof subject to the dedication of such road, or part of a mad, free of cost to the Council.

(d) O”thecomplctio”afa”ysubdivisia”alraadworks,thesubdi~der shall provide a certificate to the Council, from a qualnfted engineer stating that the works have bee” carried out properly and in accordance with the plans and specifications approved by the Council, togcthcr with a certificate stating that sufficient moneys are being held on behalf of the subdivider to meet the cost of any maintenance required during a maintenance period not exceeding twelve (12) mo”ths.

On receipt of such certificates, and being satisfied with the CO~S~NC~~O~ of the roads the Council shall, at the request of the subdivider. seal the ~!a” of subdivision. nmvided that such ~!a” a~so”co~fo”” withihc original prop&Is as approved by-the

(e) Any ?pplica”t, instead of executing the work of constructing and dm,“mg the roads, as hereabove pmndcd, may, after obtat”l”g “ppmval of mad and drainage plans and spcctfications, subm” detailed estimates of the cost of the work and the” either-

(i) pay to the Council such sum as may be determined by the Cmmci, as the cost of executing such work and agree with the Council as to when such work shall be cxcutcd bv the Council; or

(ii) on completion of such earthworks and drainage deemed nccessaly by the Council may, instcad of completing the madworks forthwith, pive to the Council security to its satisfaction that he will execute such further work as is required to complete the roads within such time as may be fired by the Council.

(f) Without in any way limiting the Council’s powers,to require a greater standard of construction in a subdwsn” tnvolv~”

5 the

opening of any “cw mad, the applicant for ap~mv-al 0 the subdivision shall construct the road to the following ~+~C”lC”tS:-

(i)Thc minimum width of a mad shall be:- an-d 1 l4/dj6 (A)]” a -

Business Zone, Rural Residential Zone, Rural “A”“:; Rural “B” Zone -twenty (20) mctres:

(B)ln a Light Indumy Zone, Heavy Industry Zane or Noxkw.s or Hazardous Industly Zone - hveaty-five (2.5)

x (cJmetres. (ii)Tbe minimum pavement width shall be:-

(B)ln a Light Indust?, Zone, Heavy Industry Zone 01 Noxious or Hazardous Industry Zone - thxtee” (13) n,etrcs between back of k&s;


(C) In a Rural “A” Zone, Rural “B” Zone or Rural Residential Zone -six (6) metrcs.

(iii) (A) Each proposed road is to be spccitidfy designed both in layout and s,~c,umI sfren

f‘ fquencies and loadings of tra h to cope wivh the

fit hkely to use it, as dctcrmincd by the Council. The minimum rquimncntr pertaining hereto shall be as folloaa:. access to an arterial road shall be limited to specified points as de&Wed by the Councii; each subdivider wkvhosc p~opcay fronts onto or includes anarterialroadshallbcrequ~dtopmvidetheseroads ,&;om;, a standard as shall be dctcrnuned by the

(B) Tbe definition of catchment shall be deemed to include all such household units, the traffic from which could, as dclermincd by Ule Council, be assigned to that part of the mad bating regard to distance and time of travel provided that special consideration shall be given to spxific traffic generators such as s&c&s, shopping areas, parks for qa”ised spat, ete;

(C) In deciding the carriageway appropriate for any residential streets regard shall bc @ven to the optimum catchme”‘ of that street as herem dcfmed, provided that regard a,&3 shall be give” to the chalactcr an* funtiion of each street in determining the appropriate camiagcway.

(iv) All road pavements must be sealed Lo a standard as the Council shall determine by nsolutian from time to time;

(v) In a Residential Zone, Business Zone 01 lndustly Zone,

reea*dl con~rctc h-b and channel shall be provided on each aide of the cmiagcway of the new mad;

1q/6[‘1L x (vi) Fe distance bcnvecn kc&s shall be fiicd by the Council wth reqect to future traffic on the mad, but shall not be less than eight (8) mctrcs between back of kcrba;

(vii) The footpaths arc to be formed to pavement levels approved

% the Council, excc f for a new mad in a Rural

“A” Zone, ud “B” Zone, 01 ft u-al Residential Zone; (viii) The table drain gradients are to be a maximum of sixteen

(16) per centurn and a minimum of point fvc 05 per 62.2 centurn for earth tlble drains and point tsx) fi ( ) per

ccnt~m for co”crc,e chanacls unless otbctise spprcwcd by ,bcCouncil.Minimumgradicn,saillonlybcacccptcdin~at localities;

(ix) Pmtpaths, earth table drains and road shoulders shall be stabilkd F{ yss ing or other means to the satisfaction of the Counn f c.aIfh table drains cannot be sarisfactcxily stabiliscd then a conc~etc km-b and channel must be p+ded or some other apprwcd form of stabtiisation prowdcd;

(x) AlI turnoutS including any conduit crassing thcrcunder or concrete invert& for any new mad shall be camccted to the existing mad pavement; The minimum mad pavement depth shall be ,-a% hundred (200) mm of consolidated gravel, provided that the Council, having .egard to the subgmdc materials of the roads ma directa gxaterdepth ofconsolidated gmvel,obcpmvidc B To fix this greater depth the Council may rcqvi,t the applicant to provide samples of the subgrade materials on the roads. Each samplcshallwcigb notlczsthan mnty(20)

%I and shall be taken from such place as the Council dkccts. e appbca”, shall ha-x the samples tested by an approved

testing laborato~and submit the laboratoly’s signed report to the Council.

(xii) No cul-de-sac shall ptide access to more than twenty (20) allotments unless othcrwisc specified by the Council. Tix minimum radiusofanycul-dc-sacwill bcclcvcn (11) metros to the kcrb line and cightccn (18) mefres ,a prop+ alignment.

(xiii) In an Industrial Zone the minimum mdiua for a curve in a road as measured to the cents-line of the road shall be:. (i) Majora-road-onehund~daad8f~(lSO)mctres;

(ii) Local setice road - ninety (90) mcms; (xiv) All new roads fronting or within the subdivision must, if

they are two hundred and fony (240) m.9re.s 01 greater in Icngth, be interscacd or me, by a connccting road.

(g) (i) Ina Residential Z.onc,a road other than apathwayshall not be optned as a blind road - (A) unlessthclr ialsoptidedat Ie&onc(l)pa,hwayto

give access fmm the blind end into a principal road, secondary road, or rcsidcndal mad; or

(B) unlesssuch roadgives acccssatitsblind cndto a railway station, reserve 01 river bank; 01

(C) except where, in exceptional circumstances, the Council appm=;

(ii) In a Residential Zone, a pathway shall no, be opcncd as a blind road unlessone (1) endcommunicateswith an anerial mad, mlleetor road or xsidenfial mad, and the blind end givea access to a raitway station, raem or river bank.

(h) Notithstanding the provisions of this bylaw, fhe Council may ~ryanyofsuchprovisionswhere it is considered tobc neccssaly becavsc of - (A) the unique size, shape, location or topogmpby of existing

and Prqnscd allotments; (B) the uniy chamner of the prop&+ use in,cndcd,,o be

made 0 the land followmg subdiis,on as se, out m the application for approval of the proposed subdivision; or

(C) the existing and fuuture amenity of the locality. LhdnogeDk~ and Comcrion

19. Without in anyway limi,ing,hc Cmmcil’spa~rs,arcquire a greater standard of mnstruuetion in a subdivision, the applicant for approval ofthesubdivisionshalladcquatclydraincvc~roadabvttingoraithin the +bdivision and cvcly proposed parcel of land within the subdwision fo the following requremcna:. (a) Thcdrainapshallbeearriedtoapointat~iehitmaybelawfully

diaehargedaithouteavsingnuisanceorannoysncc toanyperson; and shall be dcsigmed and cons,ruCt~d to be adequate for an intensity of rainfall occurring on the average once in five (5) years, or once in fifty (50) years where major drain lines ctus~ private property, except in any Business Zone or Industrial Zone where the drainage shall be adequate for an intensity of rainfall occurring on the average once in ten (10) years;

(b) If drainage is to be carried through land not onwed by the applicant, the applicant must satisfy the Council fha, there is a legal right of drainage through the land and support for any conduit that might at any time be installed in favour of the land to be subdivided;

(c) Except in exceptional circumstances, the Council shalt z-+x the drainage to be piped. ?he length of undeqnund p,ping required for the stormwater drainage shall ba-

l‘lf‘~ 146 the sub&vision . .

h (ii) In all Rural k ones and the Rural Residential Zone stornw-a~cr is only required to be piped within tbc load

& $q,bo”*day; n e exceptmnal cmrcumstanca in wtihich the Council allow

drainage to be by 0 n drains, thoY drains shall be lined to the satisfaction of the &kil.

x Water Supply and Sewerage Services 20. (a) Ihc provisions of this by-law shall a ly to cvcq a lication for

approval of subdivision of land &?h is include?in an area designated by the Council as being suitable for connection to w-a,ersupplyam%ranvcragc sctice, andwbich is bcingwcd or MI!, if rhesubdwsmn iscffetied, beuudforresidcntial, business or mdustrial ~U~EXS.

(b) In the case of every application made for the approval to subdivide land totitch thrs by-law applies, the application shall not bc approved uccpt subjcti Lo the following conditions (unless the Council in its diiretioa shall mnsidcr that by reason of any ptica works or contributions that such condition should not be qmsed) namckyz-

(i) that the applicant shall pmvidc for water supply works inter+, by supplying all necessary materials and pcrfonmng all necessary works at the expense of Ihc applicant, or a, the applicant’s option and wi,h the approval of the Council, that the applicant may enter into a written agrccmcntwith the Council for the supply of matcriak and pafoman~ of works by the Council a, the cqense of the applican,;

(ii) thatthc applicantshallptidc forscwcragewrksintcmal, by supplying all neecssary matcriala and works including stmct~rcs and equipment and performing all neccssaly work at the expense of the sppbcan, or, at the applicant’s option wifh the approval of the Council, that the applicant mayen,crintaaMittena~ementai,h the Council foor,hc supply of materials and works including strutiures and equ~pmcn, and paformance of work by the Council a, the expense of the applicant;


Cc)

(iii) that the ap licant sha0 contribute towar& the cost of pmvision o P water supply headworks and/or water supply works external, by way of paying t” the Council a contribution in accordance with the Council’s Policy Statement on developer contributions for water supply and sewerage selviccr;

(iv) that the applicant shall contribute towards the emt of the provision of sewerage hexhvorks and/or sewerage works external, by way of payin to the Council a contribution in accordance with the &ou”cil’s Policy Statement “n developer contributions for water supply and sewerage services.

(i) Ii the Council impose as a condition of appmval of a” application to which this by-law applies a conddio” that the amdicant shall m-wide materials and oerfmm works for daier SY internal, tx

ply rVorks iaternal and/& sewerage works 5 applicant shall, within three (3) months from

the date of nmtication of such anmoval. k&e with the

daier SY internal, tx

ply rVorks iaternal and/& sewerage works 5 applicant shall, within three (3) months from

the date of nmtication of such appmva,, lodge with the Cmncil for examination by the Shu’e En@“eer such

eciiications and other information as the said ecifications and other ‘mimmatio” ai the said $hi& 8 la”, him

by the ShireE”gi”eer in accordance with $4 ei@“ieri”g practice. Within the said period of three ( months “rsucb ,o”gerp%iod a the Council may allow, the applicant shall enter into a mitten agreement with the Council whereby the applicant agrees t” supply such materials and p&am such woks in accordance with the a mved plans and slrcciiications. Ii the amkant shall ad so t” da. the Pp.

reasonablyrequireandanestimateoicostoi reasonablyrequireandanestimateoicostoi a”d~*~pro~dbyaCoasultingEn ‘necr a”d~*~pro~dbyaCoasultingEn ‘necr

approved by the Councd “I the Shire Eagi’neer a” approved by the Councd “I the Shire Eagi’neer a” f f shall shall amendsvchplaasandspecificationsarmasanab~requind amend such

Td. ,aas and specifications

by the Shire “g~neer I” accordance practice. Within the said period of three ( months “rsucb ,o”gerp%iod a the Council may allow, the applicant shall enter into a mitten agreement with the Council whereby the applicant agrees t” supply such materials and p&am such woks in accordance with the a

Pp. mved plans and

“s ccificatiom. If the applicant shall ad so t” da, the

a oresmd appmnl shall lapse and be of no force “I effect w%atzever for the sub {..

tide always that, ii the application shall be ~sm” of a parcel of land in stages and the

on tiich the aioreaid pxiod of three ( mmmence in respect of each approved stage of subdivision and that date shall, for the purposes of this sub- of this claw of this by-law, be deemed t” be

amgraph t E e date of

“otiticatio” of appmva,; (ii) Tbe Council shall not endome its apprwal on and sea, a”y

plan intended for registration by the Registrar of Titles in respect of land to tiich the last preceding sub-paragraph applies unless and until the applicant shall have carried out Ls obligation t” sup entire satisfaction ” P

iymatenalsand performworks t” the the Council.

(d) Ii the Council shall require a” applicant to contribute towards the c-xt of the pmvisio” af a water supply service and/or the provision of a sewera service t” the land t” be subdivided in accordance with subc auses (a, Y “2, and (iv) of clause (b) of this by-law, and the applicant shall ad t” make payment at the due trmeorgivsac~ntyasnquirrdbythe Canal, the” the approval of the subdivision shall be deemed t” have lapsed and shall be of no iorce “I effect wbvhatever.

(c) Where the applicant shall enter int” a written agreement pursuant t” subc,auM (ii) of clause (c) of this by-law, such agreemeat additionallymaypmvide that, if the applicant fails t” any “ut anyworlrs as agxed by him 01 otherwise defaults in his obligatimsuaderthe agreement, the Council maycaxryoutsuch works 01 perform such obligations, and ITCOY~I the casts of so doing fmm the applicant.

(r) Where the Council has imposed as a condition of approval that the applicant shall contribute towards the cast of the pmvisia” of a water supply service and/or a sewerage service as hereinbefore provided, the Council shall not endorse its approval on and seal any plan of subdivision intended for registration by the $qistmr qfTit,es t” which sucb,m”dkio” of appnva,app,res”ntdthe appbcantsha,, havsmmpbedwthsuch condition m the manner hereinbefore provided.

(g) Au materials supplied and work perf”nned by the applicant “I by !he Cpunci,

P sabsiacbon o umua”t to this by-law shall be to the reasonable the Shire Eagineer and shall comply, in all

respects, with the pmvisions of a,, relevaat statme+ statutay regulations and by-laws The Shire Engineer may, by himself “I his nominated delegate, supeti and test and ge”era$ may inspeel all materials and work but n” supcnisio” tesbng OI i”spcctio”sha,,re,icvcan applica”tofa”yobligationu”dertake” by the applicant pursuant to this by-law or imposed on the applicant by a” agreement entered i”t” pursuant to this by-,a~.

(h) Eve7 ag~cmcnt entered into punuant t” this by-law shall mov~de Imtcr-dial for maintenance of materials and vorks at ihc T ke Shire

of thiapplicant for such period “I periods as the “gineer may see tit @tided that n” such period shall

exceedtwelve (12)mo”ths)a”d forthepaymentbytheapplicant to the Council of a cash dewsit eamd t” tive (5) cer centurn of the total cc& of the works io co& such mainiekince or, at the ” P

tie” of the Counci!, the giving by the applicant t” the Council o security to the entme satisfaction of the Council for payment t” the Council of the cast of a,, maintenance woks.

(i) Eva-y agreement cntm-ed int” betwcc” a” applicant and the Cmmil punuant t” this by-law shall be prepared and stamped bythe Cou”cil.Tbeapp,ica”tshal,paytothe Cou”ci,o”dema”d all stamp duties end shall alca pay t” the Council on demand its solicitors ewts in respect of the agxement.

21.

22.

fj) The Council shall, at all times during which its public ofticc is fj) The Council shall, at all times during which its public ofticc is open for the transaction of business, keep open t” public open for the transaction of business, keep open t” public inspztion at such oftice a mpy of a” agreement entered into for inspztion at such oftice a mpy of a” agreement entered into for the purpaes of this by-law, and a copy of the Council’s Policy the purpaes of this by-law, and a copy of the Council’s Policy Statement on developer contributions for water supply and Statement on developer contributions for water supply and sewerage services. The Council shall supply to a”y pew” a c”py sewerage services. The Council shall supply to a”y pew” a c”py of such agreement or Policy Statement upon a request in that of such agreement or Policy Statement upon a request in that behalf made by him and up”” the payment by him of a fee for behalf made by him and up”” the payment by him of a fee for such copydetermined by the Counol by resolution imm time t” such copydetermined by the Counol by resolution imm time t” time. time.

Sewica in Ron& Sewica in Ron& The applicant shall install public utility conduits together with kerb The applicant shall install public utility conduits together with kerb markers for such conduits at his expense as directed by the Council markers for such conduits at his expense as directed by the Council Engineer, and all street name plates on new roads to the Engineer, and all street name plates on new roads to the requirements and satisfaction of the Council Engineer. requirements and satisfaction of the Council Engineer.

BOundoryROO& BOundoryROO& fa) If the Council is satisfied that for the “rmer subdivision of lands fa) If the Council is satisfied that for the “rmer subdivision of lands . ,

in two (2) or more ownerships a new -k&t should he constructed along the mmm”” boundary of thase lands, it may permit the apphcant for subdivision of any of thae lands t” provide a road af,csserwidththa”tw”ty(20) metres;but”ot,wtha”te”(10) metres with a mncrete kerb and channel and a fwtpath farmed to permanent levels, along one (1) side of the carriageway and a bitumen sealed strip. The width of mad and bitumen sea, shall he as determined by the Council from time t” time.

(b) If the Council issatisfied thatforthepmpersubdivisio” of lands in tvm (2) ormareonmemhips. a “wmad shou,d be eonstmeted wbvholty within one (I) of those parcels of land and that in the future subdivision of the adjaini” land allotments should be so s-d as to ahut on to that ma d the Council mayhear half the cost of mnmuctine the mad and may. bv aereement with the applicant, payto th;applica”t compenhtd” 6r the value of one half (1) of the mad.

(c) Ii the Council exercises its powers under clauses (a) and (h) of this by-law, the applicant shall transfer t” the Council in fee-simple apiece of land paint one (0.1) metreswide along that cart of the mad that is contenninous with the boundaw of the ‘subdivision. For the purposes of this chapter, such piece’& land shall he termed a” “access restriction strip”.

(d) Al, costs, charges and expenses whatsaever connected with or incidental to the transfer t” the Council of a” access restriction strip shall he paid by the applicant.

Subdiv*ion ofLa,uiAbuttin~o” to on Accw Rcrrriction Seip 23. (a) If ,a”d within a subdivision is separated from a mad of less than

twenty (20) m&r-es, by a” accesirestrictio” strip, a” application for appmva, of such subdivision shall wide” that mad t” its full width for its classification, shall extend the bitumen sea, t” the standard required by the Council for the zone in which the pmpcrtyis located and for the mad classificatia” shall construct (ii required) a cancrete kerb and channel alang the edge of that widened bitumen and shall form a f”“tpath t” permanent levels.

(b) If land within a subdivision is separated by a” access restriction strip fmm a mad constructed under clause (b) of by-law 22 of this Cba ter a” applicant for approval of such subdivision shall paythe& unn, the crxt i”curred and any mmpensatio” paid by the Covnci, under that c,a”sc.

(c) Whenever clauses (a) and (h) of this by-la-w apply, the Council shall dedicate the access restriction strip as a mad and a,, costs, charges and upe”seswhatsoeverca”“ectedwith orincidental t” that dedication must he paid by the applicant.

B”ilding 24. Where there is a dwelline on anvallotment or uxcel of land. “o “,a”

for the enctio” of a”y”dwel,i~ fl

shall he apbmved, “or ghall’any 4 person erect “I re-xect any ot er dwellings as aforesaid on such

allotment or pace,, until a plan of subdwmo” of the said land shall have bee” a mvcd by the Council ex Cnuneil in a Pp m-al “A” Zone, Rural “B


2.5. The applicant shall be responsible for and shall save the Council hamless from all expenses in connection with the relocation of or alteration to telegraph, telephone OI clectricily line3 and s”ppo*, gas o* wate* mains, and an may be affected by the w x

other public utOity installations which to be carried out b-y the applicant, and

shall make dl neccsrary ana”genlc”ts with the relatwe person, companyorauthority, andsballgwe the Council, ifsoreequiredbythe Council, pmof that he has complied with pmvisions of this claw.

Grodhg ofAuormaUr

26. All land within subdivision.4 area shall be graded *err necessay to minimum gmdient of one (1) in tar0 hundred (200) in such a matter as to ensure drainage by gravitation into mad water channels or the drains tobeprwided in acmtiancewith thepmv%ions ofthis clause

Public Gmien mzdRecrea&m Spocc

21. (a) Where land pmpxed to be subdivided is wed for residential, commercial or industrial pu-pcaes or will, if the subdivision is effected, be used for residential, commercial or industrial p~rpses, the Council may require the applicant to either -

(i) pmvidc land for public rxde? and -don space in accordance with clause @ of thts by-laag ‘,I

(ii) yasumofmoneytothcCouncilinaecordanceailhclause ~orthisby-law.

(b) Where Council considers that an area of the land to be subdivided should be provided for use as public g-a-den 01 recreation space 01 both, tiearea ofland tobepmvidcd for such w from the land to be subdivided shall be comprised of land that is a fairavcmgc of the typeofland tobesubdivided andshall be ten (10) pc’cent”“, of the area of the land to be subdivided:

Provided thatwhere special circumstaacesofapaticular casts0 require, the Council may require the provision of a lesser area than aforesaid.

(c) Where the Council considers that an area of the land to be subdivided need not be pmvided for use as public garden OI recreationsparritmay~“~~hea licmttopqand,ifitdoes so, the applicant shall ry to the pduncil in amount of one hundred dollars (SloO) or each allotment pmposed in the plan of subdivision.

+npum so paid to the Council shall be eqended “r

the Council wdhm a penti of three (3) yeam from the date o payment on anyorallofthefollowingProkrorfhin~tobecarriedovtwithia the land to bc subdivided or within four (4) ki,a,,ctrcr fmm a point that is, as near as may be, the centre point of that land, “*“lClp

(i) The acquisition or development (or both) of land for use as public garden 01 recreation space 01 both;

14 b/q& The !~?oncys required to be paid to the Council pursuant to the

if provls~~~ of this clause shall be paid to the Council at the time of lodging with the Council of the certified surveyor’s plan of subdinsion for endmsement and scaling.

Cm,iccztc of ‘h&ion of Conmucnbn

28. Notwithstanding the receipt by the Council Engineer of a certificate pursuantto therequirements ofthis Chapterthevorkswhichare the subject of such a certificate shall not be deaned to have bccn executed to the satisfaction of the Council En ‘ricer until he issues to the Shire Clerk a certificate of completion o P construction and he shaU not imue such certiticatc of completion of castruction until a period of twelve (12) months has elapsed after receipt of the certificate pursuant to the requirements of this by-law.

EamMur

29. The applicant shall bear the cost of the pre ration and of the registration in the Titles ORice in favour o r the Council of aU easements required to be provided by him pursuant to this Chapter. The applicant shall lodge a copy of the easement docvmcnts as registered in the Tides Office for Mention by the C!ouncil.

Powr of Entry

30. The Chairman, mcmbcm or oIfcers of the Council or any of them may enter u n and inspect the landtithin the pmpased subdivision (including tcmad , drainage, “ater,s~ppiy and/or &ewerage wrks) a;unt;me until the plan of subdwsmn has been approved by the

(b) Subject to clause (d) of this by-law, the Council may allwate a name submitted by such applicant as the name of a new mad, or allocate such other name as it deems appropriate.

(c) Subject to clause (d) of this by-law, the Council may alter the name of a mad from time to time.

(d) The Councilshall notailocateaname toamadwbich$the,,thc namcafa~othermadinthearca.

(e) The Council as it considers nev shall supply and erect mad ?amcs upon roads within the subject land and also at each mtemeRmn of a mad within the subject land with a mad outside the subject land.

(0 ‘Ile cost of supplying and cnxting mad namea shall be paid to the Council by the applicant.

(g) Msigas shallbeeluminiumreflective typeerected onpipcposts to the standard as wed by the Council.

32. Where thebounda?roftheLandtobeaubdivid~liesalongaa existing dedicated mad which does not, in the opinion of the Council, give satisfactory access to all p-cd afb~ments, the applicant shall mn~tmct wool. on that section as required by the Council and the provisions of this Chapter.

33

34

35

36

Pee.9

Anyperson applyingfoorappmvalof Councilpursuanttothis Chapter shall at the tune of making such application, pay to the Council the relevant fee as may be fied bv the Council from time to time bv resolution. .

Eeecudon of work After a period of two (2) years fmm the date of notification of approval (or approval subject to conditions) of the application and pmpawl plan. or such extended period as may be approved by the cOund. the approval shall iapse unlw the applicant. within such paid 01 such extended p&ad, shall either -

(a) CXCCY~C to the satisfaction of the Council and in accordance with the mndition of approval of work of constructing and draining the roads involved in the execution of which is a con 2.

mpaal and any other works the dmn of appmnI; or

(b) subject to subsection (7) of Mien 34 of the Local Govm~au -$&?y~f&= y to the Council such sun, as may be agrexd

unnl 86 the cat of executing such work and agreewith the Cauncil astotien ruchwxk shallbe executedby the Council; or

(c) give to the Council security to its satisfaction that he Aill execute suchwxkmentioned inclause (a)ofthiaby-lawtoi~satisfaction within such time as may be fied by the Council.

ElCCtiiLy

The applicant shallbe responsible forpmvidingbyarraagcmcntaith the relevant electric authority, electricity su pa-xl of land in any new sub-division

,y Lo each separate and Pp or the underground

reticulation of such supply and shall give the Council, if so required bythe Council,prwfthat he hasmadcsuch anarrangemcntpmvided that in any case in tiich in the opinion of the Counnl special circumstances exist it may dispense wholly or in part with the undeqmund reticulation of such electricity supply and/or may agree topaysameorall ofthe catsof the underground rcticulatiion ofsuch SUPPV.

Penally c*rrrrc

dollars (srO.00) for &ydayonwhich i&h b&h is mntinue~ %ei notice of the breach being sewed on the applicant by the Council.

The fore oing resqlution was November, 1 9f 7at a spenal meetmgo P

assed on the eleventh day of the Council ofthcShircofMuani

called for Ulatp and the IT 31 of theLocd 2F= 1 vm~mt Act

wremenLF of subseztion (27) of section 9361987 have been complied with in

respect of the by-lawx the subject of such resolution.

C W. RCIGERS, Chairman

E P. McARTHUR, Shire clerk

31. (a) An applicant may submit three (3) suggested names for each pmpased new mad.

MIRANI SHIRE COUNCIL Department of Housing and &al Government

Brisbane, 20th December, 1990 HIS Bxccllenq the Governor, acting by and with the advice of the Executive Council, and in pumuance of the pmvisians of the Local GovmtAcr193~1990, hasbeenpleased to approve oftbe following by-laws made by the Council of the Shire of Mimm.

T. 1. BURNS

WHEREAS by the Local Govcmmen lAcf 19361990, a Local Aurhority is empmvered to make by-laws far atI o* any of the puTposes in the said Act mentioned, and whereas by section 33 of the said Act mentioned a Local Authority is empowered to make such by-laws as are necessa?, or convenient to implement a town planning scheme and to provide for, regulate and control the administration and execution of a townplanning scheme, and it is further mtidd that a b -law may be amended or repealedatanyt,fne~aPocalA”thority: 1;ishere~resolvedbythe Councd of the Shre o h%uam, wth the appmval of r. Exce”ency the Governor in Council. that the following by-laws far the general goad rule and government of the Area and its inhabitants, and which the Council hereby determines arc ncccssa~forthc proper exercise andperfarmance of the functions of Laeal Government and the powers and duties of the Council and to im administration an Lf

lement and to provide for, regulate and control the execution of anytown planning scheme in force in the

Area shall be in force from the date of publication hereof in the Garene. The by-laws of the Council of the Shire of Mimni, Govemmolr Golene on the thirtieth day of August, 1 from time to time am hereby further amended Town Planning and inserting the following new

“cHAFTER 38 TOWN PLANNNG

This Chapter is arranged as follwa: PART* . INTBRF-RETAnON PART2 . ADMlNISTRATION PART3 - OPFENCES


(ii) thename oftbe mgisteredpmprietarin thecase offreehold land or the name of the registered lessee in the case of land held from the Crown for a leasehold estate;

(iii) the name of the occupier; (iv) the nature of the proposed use; (v) the ama of the land;

(vi) the use being made of the land (including any building or other stmctu~e thereon) at the date of application;

(vii) a description of the building or other stmctue erected an the land and use being made thereof at the date of application;

(viii) where the application relates to the erection of an b

building orotherstlucturc,thefolloaingpaniculanofsuc budding OI other structure -

the dimensions and gross floor area; and the number of storrq;

(ix) a site plan and layout and, when requested by the Clerk 01 the Council, an elevation of any building or other structure p-d to be erected on the land;

(x) the “umber of employees engaged and proposed to be engaged in the parbcular use;

(xi) the number of motor vehicles for which parking provision is to be made an the land;

(xii) ;;;dyature of any machinery proposed to be used on the

PART 1

In this Chapter, the following terms have the meanings ~spectively assigned to them, that is to say+ Tx Act”. ?he Loud Go- ACI 19361990;

Tovm Planning Scheme Area” -The whole of the Shire of Mimni. Where any term used in this Chapter is not herein defined but is dcfinedintheActorintbetownpla”ningsehemeinforceintheToMl PlanningScheme Area, the termshall, for the pupae ofthis Chapter and unless the context othcmise indicates or requires, have the meaning ass&cd to it by the Act or the town planning scheme, as the case may be.

PART 2 ADMINKSTRATION

Applicorionfor ConrtntofrheCouncil Apenon tie desires t., obtain the consent of the Council under the town planning scheme in force in the Toan Planning Scheme Area, shall accompany such application fee and where applicable an advertising fee of amounts respectively in accordance wxth a s&c or scales of fees determined by the Council by resolution. In the scale orscales offeesdifferentfees maybe detennincdfordifferentclasses of applications. Such fees shall be retained by the Council but the Council shall apply the advertising fee tow&s the cast of advertising the application m acmrdance with the Act. The application shall be - (a) in writing, (b) sigig;tmb&pthc applicant 01 applicants 01, in, the case of a

,“r one of the partners thereof, or m the case of a

company or a dy carpcrate 01 an unincorporated association, by an author&d officer thereof;

(c) accompanied by the consent, in writing, of the registered proprietor or registered lessee fmm the Cmwn if made by a

% non who is not the registered proprietor or registered Lessee

mm the Crown; (d) addressed to the Clerk and truly set forth the following

particulars:- (i) the full mat property description of the land, together with

the ostal address thereof;

(xiii) the total connected load of any mechanical power proposed to be employed in the particular use;

(xiv) in the case of an application for consem to carry om an e&active industry on any land the application shall also be accompanied by two (2) copies of a plan showing sufficient detail to enable the Council to undentand the natwc of the proposed excavation and when required by the Council:. (1) the limits of the area propwed to be excavated; (2) the existing contours of the land; (3) the depth and extent of the proposed excavation; (4) the estimated depth and description of the overburden

present; (5) tJ;:~z,ofany&sting or proposed building, so far

(6) :;i$ance of thcpmpared excavation from adjoining

(7) the proposed staging of the ctimctive industry, and (8) grg;tP,odPed extent and staging of rehabilitation

(xv) Such other information relative to the application as may be requested by the Clerk or the Council.

4. Evelyapplication made punuant to b it comphes with the requirements 0

r

-law 3 of this Chapter shall if the b -law and the Act be

referred bv the Clerk to the Council and the %uncil shall. sub&t to the Act, d&de the application.

.

5. Upon an application for consent, the Council may, subject to the Act (a) give its consent; or (b) refuse to give its consent; or (c) give its consent subject to reasonable and relevant conditions.

Applicotionfor Raoning

6. (a) Apersanwbaseekstaexcludelandfromanyzoneandtoinclvde the land so excluded in another zone or zones shalt make application in the form required by the “crk, subject to the Act, and shall accompany each application with an application fee in accordance with a scale of fees determined by the Council by resolution. In the scale of fees different fees maybe determined for different classes of applications. Such fees shall be retained by the Council.

(b) Aperson~hhoseekstoexcludelandfmmanyzancand toinclude the land so excluded in another zone or zones shall pay far the cost of advertising the notice.

7. Evmyapplication madepunuant to -law6 of this Chapter shall, if it complies with the requirements o this b -law, and the Act, be

’ &until shall, subject to rcfcrred by the Clerk to the Council and the the Act, decide the application.


8. Tbc Council may appmve the application, or approve it subject to reasonable an* re,e”*“t condrtlons, or refuse to approve the application.

Applicodm for Tow PIoMing Catificnrr 9. (a) An application for * town plannin certificate, wsuant to

section U(9) of the Act shall be in sue % form as the %uncil may from time to time determine.

(b) The fee payable to the Council for the issue of a tow” planning ccrtiticatc shall be as determined by the Council from time to time hy resolution.

(c) Tbc .&u”cil,shall, within seven (7) dap of the receipt by it of a” appbcabo” I” that behalf, accompanied by the amount of the a P plicatio” fee, give to any pc’so” a certificate, called a tow”

p annmg certificate, setting foorth in rcspcc, of the land specified I” the application-

(i) the mnc or m”c8 in which such land is situated; (ii) the provisions, if a”y, of the schcmc Elating to pmpased

roads and proposed mad widcnings which affect such land or any building 01 other stmctwc thereon; end

(iii) particular of all consents, permissions, and approvals panted by the Council to such land.

(d) Tix Cmmeil shall keep a xcord of- (i) all consents, permissions and approvals granted by the

Council under the scheme and of aU conditions attached to such cascnll pcnnisrions and approvals;

(ii) all orders and de&ions made by it under the scheme; and (iii) all decisions of the Loeat Govemmcnt Court on appeals

from decisions of the Council under the schcmc in force in the Shire.

Claim for Compmsotion IO. A claim for compc”mtio” under subsection (12) dscctio” 33 of the

AC, shall be in or to the effect of the following farm:- Lmol Go- Acr19361990

“aim for Compensation To: Tbc Council of the Shire of Mirani I of , being * pWS0*

* (i) Who has a” estate or interest in the following land: Situation: Palish: Real propcay dcscriptio”: nwra.

The nature of my &ate or interest therein being: 0,

’ (ii) Who has incurred expenditure pursuant to a Town Planning Ceniticatc given to me by the Council of the Shire of Mimni,

hereby claim fha, my estate or i”,erest has bee” injuriously affected (or, as the cast may be, that I have incurred expenditure which has been rendered aborbvc), by rcaso” of the following:

and consequently I claim as mmpcnsatio” for injurious affection (or, as the case may be, for such expenditure) the sum of $ , which sum is made up as foollows:

I will produce documcntl cvidencc of my title to the said land 01 of m estate or interest therci” 7. .z as the cast may be, of the expenditure wluc has bee” rendered abortive), d and when called upon to do so. Dated this dayof 19 Signature of Claimant: * Cross out whichever is inapplicable.

Manm IO be co&d by rhc Council with Corn Applicntionr 11. (a) In considering a” application for consent in acmrdance with

By-l?wx 3,? and 5 of th$ Chapter, the Council shall tlke into cons,dcmtmn Lhc followngz- (i) the character of the pmpohed develoqme”, in relation to

the pmpmed dcvelopmc”, a” the adjoIning land and in the bcality;

(ii) the size and shape of the parcel of land ,a which the application rclatcs, the siting of the pmpacd devclopme”, and the ama to be occupied by the dcwlopmc”, in relation to the six and shape of the adjoining land and the development thereon.

(iii) any rcprcscntation made by any statutory authority or Gwcmmc”, Depaamc”, in rrlatio” to the application or to the development of the area and the rights and powers of any such authority or department.

(iv) whether the use of the land would hc in acmrd with, OI conflict with, the intent of the m”c or zones in which the land is situated;

(v) whether ade uate provision has bee” made for Lhe landscaping o?the site;

(vi) wixtherthcpqmsed measofentnncctoand egresrfmm the site arc adequate aad whether adcquatc provision has becnmadcfoorpukingand standingofvchicles, ofspacc for loading, unloading or fuclling of vehicles, and the t&Cc facilities within the site;

(vii) whether adequate provision has bet” made movement of pedestnsns, andwbetherthep

T=

p&::,

if pcnnitted, create or be likely to create a tra tc hazard & increase an existing traffic hazard;

(viii) wbethcr there is sufficient protection from sewrc climatic conditions;

(ix) wW,her the proposed use would bc likely to mar fhc scenic beauty of the locality;

(x) whetherthe madsgjvi”gacnssto,hcsitc arc, in the opinion of the Council, constructed to a standard sufficic”, to carry traffic to the nature and volume likev to be generared by the pmpaed use;

(xi) ticthcr any dclcteriaus cffec, on the c”vim”mc”t would be occasiancd by the pmpacd use;

(xii) *ether the land is low-lying and subject fo flmding, (xiii) wbether satisfactoty prcwisions are to be made far the

disp.4 of wasfe; (xiv) the &sting and future amenity of the locality; (xv) the cixumstances of the case and public interest;

(xi) the provisions of Lhc town planning scheme; @ii) all objections tiich have bee” duly lodged with Council

against the panting of its consent; (xviii) the provisions of the Noin AbofanmfAcr 1978-1988,

(xix) in rqcct of any application for the co=“, of the Council under the town planning scheme for - (A) the crectionoruscofa” bvildingorotherstrunurror .i. to the use of land WI, m new of any waterway, or

adjacent to any state highway, main road, developmental road or secondary road declared

P muant to the pmvisiom of the Main Roods Ad 9X%1985, public -we 01 land zoned Public Open

Space or Pm-ate Open Space, the Council shall take into consideration the probable aesthetic appamncc of such land or of the proposed building or o,hcr struc,“re tic” wd for the pmposcd pu- and viewed from such sate~~~y, mad, public &cwc or land zoned Public Open Space or Pmate Open Space;

(9) thccrectionorusc ofanybuildingorothcrstructurear thcusc ofland farthcpurposc ofa” ctimctivcindustty, the Council shall take into consideration the advisability of imposing conditions to secure the reinstatement of the land, the ~cmoval of waste mat&al orrcfuscand thesccuringofpublicsafetyand the amcniry of Ihc “cighbourhwd; and

(xx) any other matfcrx r&van, to the particular cast. Manns to be considered by the Comcil with RczoningApplicadom

(b) ~;si&eri”g a” application made under section 33(6A) of the bvmtmmAcf 19361990 to exclude land from one m”c

and included it in another zone the Council shall mnsidcr the relc~nt matters set out in clause (a) of by-law 11 of this Chapter, with respect to any developmc”, which may be undenake” without the consc”, of the Council under the Scheme in the zone in which the land is proposed fo be included, and also take into consideration the following-

(i) the need for increased facilities such as schools, shops or other normal setice provisions.

(ii) the balance of zones in the Town Planning Scheme Area as a whole or that section of that area within the land is situ*tcd.


(iii) whether the inclwion of the land in the zone in which the land is ptvpahcd to be included would be in accord with, or conflict with the strategic plan or my development control Ph”.

(iv) whether, having regard to the permitted uses with 01 without the cm.sent of the IL& Authority of land in the zone in which the land is potc?tial,fqr subdivision I f

mpmcd to be included and the the land is included in the zone

m whxh I, 16 p-d to be included - (A) anti&I services should be made available to the land

and to each separate parcel thereof if the land were subsquat@ subdivided;

(B) the $&ions of section 324 ?f theLocal Govemmcnt Ad 9361990 should be apphcd.

12. (a) Where the casent of the Council is not rquired under the town planning scheme in force in the Tan Planning Scheme Area for the use of land or the erection or USC of a building 01 other S~IYC~UIC for any purpose the owner, ,before such use is commenced or are submitted or approved o the Couch, shall ascctiin the

/ lam of the pro r” budd!ng orotherstructvre

Council’s rquirements, if any, as to drainage 01 fdling or drainage and tilling the subject land to render it tit for such use OI building or other structwe.

(b) The avter shall comply with all such requirements which shall be deemed to be a condition of approval of the building plan if the erection of a building or other structure as aforesaid is ppd.

13. (a) ‘Ihc Clerk shall keep a register to be called The Register of Non-Conforming Uses”.

(b) Where at the date of canting into effect of the town planning scheme in the Town Planning Scbcme AM, a person is lawfully using any land, building or other structure for a purpose which, having regard to the zone in which such land, bulldmg or other structure IS situated constitutes a purpose for which any building or otherstructure may “at be errcted orused orland may not be used in that zone pursuant to such town planning scheme. such

r rson shall within six (6) months or such date, or within such

urthcr tune as the Council may determine, a I to the Council far the inclusion of such use in the Re&ter of v on-Conforming Uses. Such application shall give the full real property description of the land, the nature of the non-conforming use, the number of employees, the desaiption of any building or other st~~ctwe in existence on the Appointed day, and shall be accompanied by a site plan delineating the site of any building 01 other structure thereon in relation to baundarics of the a,,otment of land.

(c) Where a penon failswithin the time allowed by this Chapter to make application far the inclusion of a non-conforming use in theRe~sterofNon.ConfarmingUsesthc Clerkmaysewenotice on the owner and occupier of the land in question of the particulars of such nonconforming use which the Council decided to be true and correct information relating thereto and which the Council pmpaes to enter in the said Register.

(d) In making an cntty in the Register of Non-Conforming Uses the Council shall be bound by the determination ofan appeal lodged pursuant to the provisions of the Act.

(e) Where an entry is not made in the Register of Non-Conforming Uses in respect of any land or any building or other structure thereon, the onus of proving that there was a nonconforming use being carried out on that land or in that building or other structure at the date when the town planning scheme came into effect, the precise nature of that nonsonfonning use and the pr.+se uItent of the land, building or other strwture on or in wbrch it was being carried ott are upan the pemon alleging the existence of the nonconforming use.

(r) Where the Council grants any consent in relation to any noncanfonning useundera tom

P it shall cause patiiculan thelro lamingscheme asaforesaid, to be entered in the said

Register. FART 3

OFFENCES 14. A person who in any respect contravenes or fails to comply with

provisions of this Chapter shall be guilty of an offence under this Chapter and liable to a penalty not exceeding Five hundred dollars (Ss~.~) and additionallyin thecaseofa continuingoffencetoa daily pe?aby not exceeding Fifty dollars ($50.00) for each and everyday on which the offence is continued.

15. An offence under this Cha under theJm-ticwAcrl88 tt

ter may be prwccuted in a summaryway 1985.

16. A rightorremedyhad bytbe C+ci! inrespectafanyact or omission of orbyaperson shall not be&xe,ud,ced 01 affected m anywaybythe fact that such act or omission constitutes an offence under this Chapter for which a person has not been pmsccuted.

The fore oing resqlution ,ws November,1 98 P

assed on, the elev+b day of 7ataspecnlmeetmgo theCaunc,laftheShrrrafMlranl

called for thatpu e and the R 31 of theLocal F 9

urementsof subsection (27) of section owmmtAcl 9361987 have been comnlied with in

respect of the by-law the subject of such resolution. C. W. ROGERS, Chairman

F. P. MeARTHUR, Shire Clerk

C

Amendment &I Town Plan

MIRANI SHIRE COljNCIL AMENDMENT TO THE PLANNING SCHEME FOR MIRANI SHIRE TO INCORPORATE AMCORD

1. In Part I:

(a) by inserting the following new defmilion immedialely alter the defiilioo of ‘Allotmeol’:

“AMCORD’ - The Australian Model Code for Residenlial Developmeol. Edition 2 as amended. as follows:

6) by deleting from Clause D2 of Element Bll the words % percal nod inserting instead the words ” 10 perceot’

W by deleting from table B7 - 1 lbe words “Flush & SW&.” from Kerbing Chsracterislics.”

(b) by inserting immedialely following lbe defitioo “Animal Husbandry” lbe following new definitions -

‘Approved” means approved by the. Council.

‘Approved Design’ meant 8 design approved of. or prepared by the Council pursuant to lhe requ~remenls outlined in Division III. Part VI of &is scheme..”

Cc) by inserting immedialely following the defiiilion ‘Building” the following new defiitioo -

‘Building Sk” means lhnl part of nn allolmenl on which, in lhe opinion of the Building Surveyor. a building may be salisfaclorily we&d.”

(4 by omitting lhe current definition of a ‘Dwelling House” and substituting the following deli&ion of B ‘Dwelling House”.

“A single dwelling unit on one allolment (or II group of adjoining allotments) for the exclusive use of one household. The term includes such other building8 which are incidental to and necessarily associnled with a dwelling-housa’.

(=) by inserting the following new definition immediately after the substituted definition of ‘Dwelling House”.

“Dwelling Unit” - A self contained unit intended for exclusive residential use of one household”.

0-I substituting the following definitions of “Multiple Dwelling’, “Multiple Dwelling - Class “A” and “Multiple Dwelling - Class “B”.

“Multiple Dwelling” - hvo or more dwelling units on one allotment.

Multiple Dwelling - Class ‘A” - the const~~tion of hvo or more dwelling units, either attached or detached, which are no greater than hvo storeys in height and gain access from the ground floor. Such developments shall demonstrate compliance with the provisions of AMCORD.

Multiple Dwelling - Class “B” - the construction of two or more dwelling units, having a site population density of not more than 100 persons per hectare, which are generally greater than hvo storeys in height and to which access to each unit is via stairs or an elevator if greater than three storeys.

(ia By inserting the following new definition immediately after the detinition of “Place of Worship”:

“Plan of Development”: Any plan or plans:

(a) referred to w the Scheme maps having been approved by the Governor in Council as part of a rezoning of a particular allotment or pure1 of land for inclusion in the Special Facilities Zone, or

(b) submitted as an indicative development proposal pursuant to the provisions of the Planning Scheme in support of a development application; or

(4 approved in accordance with town planning approval or consent for the use of land.”

2. In Division II, Part II:

00 Deleting Clause. 2 and inserting the following new clause. in its place - the following:

“2. Residential “A’ - The purpose of this zone shall be to provide a range of compatible housing forms in a quality residential environment. A range and mix of housing forms which gain their principal access from the ground floor, and are generally no greater than hvo storeys in height, shall be. encouraged throughout the zone. In order to ensure that a quality residential environment is provided in an efficient and economic manner, development of this zone must demonstrate compliance with established performance criteria”.

(b) Deleting Clause. 3 and inserting the following new clause in its place - the following :

“3. Residmfid ‘B’ - The purpose of this zone is to provide for high density residential development and accommodation in close proximity to all urban facilities”.

3. In Division III, Part II:

00 in Zone 2, Residential “A” zone:

(i) by omitting in Column V the use Multiple Dwellings - Class “A”.

(ii) by omitting in Column III “Dwelling Houses” and insertiig tbe following:

“Dwelling house: (a) cm allotments 7oom= or greater; ”

(b) in Zone 3, Residential “B” zone:

(9 by substituting in Column III the following for “Dwelling Houses”:

“Dwelling House: (a) on allotments 7oom’ or greater (b) on lots larger than or equal to 45Om’ but less than 7OOm’ in accordance with the provisions of Division III. Part VI of this scheme”

(ii) by substituting in Column III the folIowing for “Multiple Dwellings - Class ‘A’“:

“Multiple Dwellings - Class ‘A”: in accordance with the provisions of Division III, Part VI of this scheme”.

(c) in Zone. 5, Village Residential zone.:

(9 by substituting in Column III the following for “Dwelliig Houses”:

“Dwelliig House on allotments 7oOma or greater”.

4. In Division II, Put V:

(a) by substituting for “Multiple Dwellings” in Clause 1 of the table the following requirements:

(9 in Column I the Purpose, “Multiple Dwellings - Class ‘A” and in Column II the Minimum Parking Areas requirement “in accordance with the provisions of element B4 of AMCORD”.

(ii) in Column I the Purpose, “Multiple Dwellings - Class “B” and in Column II the Minimum Parking Areas requirements “One point five (1.5) spaces for each dwelling unit”.

5. In Division III of Part V of the Scheme:

(a) by renumbering Clause (1) as Clause (2) and all subsequent Clauses and inserting the following as c1rwse (1):

‘(1). Development for the purposes of Dwelling Houses on proposed allotments larger than or equal to 45Om* but less than 7@Jm* and Multiple Dwellings - Class “A” shall comply with the following requirements:

(a) Development shall be undertaken only in accordance with a PIan of Development submitted to and approved by the Council;

The Plan of Development shall show a concept layout of all building areas, other stmchues, land uses, allotments or sites, roadways, car parking and landscaping at a scale as required by the Council. The Plan shall be identified by number and date;

Cc) The Council may approve of minor amendments to the Plan of Development provided that the density of development and the use of the land are not altered;

(4 In consideriag B Plan of Development, Council &all take. into account the following XlMtWS:

(9 (ii) (iii) (iv)

$)

(vii) (viii)

(ix)

co

topography of the site; availability of services; existing zones and subdivision in the area; existing or planned development intensity in the area; access to the site; the situation, suitability and amenity of the subject development in relation to the slllTouIlding area: landscaping and buffer zones; the designation of land on the Strategic Plan Map;

the ftdamatal objectives of AMCOBD in: (4 ensuring cost-effective residential development reflecting appropriate

community standards for health, safety, and amenity; and (B) providiig for the widest possible choice. of housing and residential

allotments; and any other relevant provisions of the Scheme, the Strategic Plan, Development Control Plans and Statements of Planning Policy (if applicable);

w The. development shall comply with the Performance Criteria and/or Deemed-to- Comply Criteria as contained witbin Part B (Elements of Control) of AMCOBD. Only those elements of control of relevance to the intensity and scale of the development shall be involved in assessing an application pursuant to the provisions of this clause. Deviations from the stated Deemed-to-Comply Criteria will only be. approved where. it can be demonstrated that the requirements of the relevant Performance Criteria can be met to the satisfaction of the Council; and

(0 Where land is to be subdivided in accordance with the provisions of the. Building Units and Group Titles Act 1980-1988, as amended, Public Open Space as referred to io element Bll of AMCORD shall be substituted by the term Communal Open Space. In this context reference to the term community within this Element shall refer to the community to be served by the proposed development and not to the. broader community. The provision of communal open space. shall be. solely in accordance with the provisions of the Performance Criteria of Element Bll of AMCORD.”

by omitting the words ‘Multiple Dwellings - Class “A’ in renumbered Clauses 2 and 7 of Division III of Part V of the Planning Scheme.

b In Clause 5 of the Strategic Plan

(a) by inserting at&r the “Urban’ Designation, Implementation criteria, the following new objectives and implementation criteria:

-0bjatiw

To adequately control the development of the urban area and consolidate existing urban areas.

Impknwztation

Urban consolidation is encouraged through the incorporation of design principles of AMCORD for the development of residential land.

Objective

To enhance and safeguard the amenity of the urban area and ensure that adequate urban services are available.

Impkmemation

(a) Residential amenity and safety is maintained through the provisions of AMCORD in the development of residential land on smaller residential lots or medium density development. The elements of AMCORD relating to transport networks, street design and construction, streetscape and the provision of public open space are important to ensure the standard of development is maintained throughout the Shire.

co) AMCORD, in conjunction with the Town Plan will be used to facilitate and regulate the efficient use of services thmugb such means as common trenching of services for ease of access and reduced cost provision.

6) Where allotments less than 8OCd are proposed and no reticulated water or sewerage is available, demonstration that an adequate potable water supply and sewage disposal can be provided to the satisfaction of Council are essential to maintain residential amenity and the standard of development throughout the Shire.

Objectiw

To provide for B diversity of housing styles to meet the varied needs and living requirements of people.

Impkmtwation

AMCORD, in conjunction with the Town Plan will be used to facilitate and regulate a range of allotment sires and housing typs, to meet the projected requirements for residential growth. ”

@) by inserting after the Open Space Designation Objectives the following new objective and implementation criteria:

“(c) To distribute parks throughout the urban area to provide for non-organised recreation, passive. relaxation and safe children’s play and improve the visual amenity in urban areas.

Imp&menralion

AMCORD and Council’s Local Planning Policy will be utilised to Facilitate and regulate the provision of open space within residential developments in the urban area.*

by inserting after the Transport Designation Implementation the Following new paragraphs:

“AMCORD will be wed in the definition of transport nehvorks, and undertaking street design and construction within residential developments in the residential zones to ensure the development of an appropriate road hierarchy.’

CHAPTER 28 SUBDIVISION OF LAND

1. In C1au.w. (1) of By-law (1)

(a) by inserting the following new definition immediately after the definition of “Allotment’:

“AMCORD” - the Australian Model Code For Residential Developmeat, Edition 2, as amended in the Town Plan. ”

2.

3.

After Clause (b)(h) of By-law (8) inserting the Following subsection:

‘(xv) compliance with the provisions of AMCORD, if applicable’.

After Clause (v) of By-law (9) inserting the Following subwtion:

“W the proposal does not comply with an approved Plan of Development or the provisions of AMCORD to the satisfaction of Council’.

4. by in By-law (15)(a) - Minimum Area Frontage and Depth For allotments

(4 by substituting the minimum Frontage in the Residential ‘A” zone with “En’, minimum depth with ‘20m’ and minimum area with ‘7OOmz”.

(9 in Claw (i) Special Provisions in the Residential ‘A” ame substituting ‘seven hundred (700) square m&es’ For ‘eight hundred (SOO) square metres’ as it currently appean.

5.

(ii) in Clause (ii) Special Provisions in the Residential “A’ ulne substituting “fiFteen metre-5 (lh)’ For *twenty metros (204” where it occurs.

(b) by inserting in Clause (b)(i) after subclause (C) the FoIlowing new section:

‘(D) compliance with an approved Plan of Development.’

by in By-law 18, Clause (F)(i) - Road Design and Construction:

(a) in Subclause (A) omitting the words ‘Residential “A” & ‘Residential “B”

W after Subclause (B) inserting the following subclause:

“(C) in the Residential “A”, Residential “B’ or Village Residential zone of P suitable with to fidfil the provisions of elements B6, B7 and B8 of AMCORD and to the satisfaction of Council”

6. by in By-law 18, Clause (f)(ii) - Road Design and Construction:

00 in Subclause (i) omitting the words ‘Residential Zone - eight (8) m&m between back of kerb; ” and substituting

“(A) in the Residential Zones in accordance with elements B6, B7 and B8 of AMCORD and to the satisfaction of Council”.

7. by in By-law 18, clause. (f)(vi) - Road Design and Construction: inserting atIer the words “between k&s,” the followiog: “except in the Residential ‘A” or “B” or Village Residential mm where. the provisions of AMCORD apply”.

8. In By-law 19: substhing the words “Residential Zone”, from mbclause (i) of Claw (c) with “Residential “B” zone” and inserting after Subclause (ii) the following Subclause:

(iii) ‘in P Residential “A” or Village Residential mne suitable with regard to the requirements of element B12 of AMCORD and to the satisfaction of Council”.

9. In By-law 20, Clause (a) inserting immediately following the words “industrial purposes”:

“Where possible in a Residential ‘A” or Village Residential Zone water supply service trench.% should also be used for the provision of other urban services to the subdivision in accordant with the provisions of AMCORD”.

10. In By-law 24 immediately after the words “until a” omitting the. words “plan oT and inserting instead the words “Buildiig Units Plan, Group Title or a Real Property” (Commonwealth Titles).

11. In By-law 27:

(a) immediately after Clause (c) inserting the following new clause:

“(4 Subdivision in the Residential “A’, Residential “B” and Village Reside&d Zone will be required to be provided with sufficient public and private open space. in acmrdan~ with the provisions of elements B3 and Bll of AMCORD, and Council’s local planning policy.

j Ti:;s

/

/ ,

-

L, AMENDMENT NO. 2

MrRANl SHIRE COUNCIL

The Town Planning Scheme for the Shire of Mirani

1. In “The Town Planning Scheme of the Shire of Mirani”, amending the provision of Part V - Provisions Applying to all Development whether consent is required under this Scheme or not, Division IX - Caravan Parks by:

6) amending the Planning Scheme of Part V, Division IX, l(b)(i) to reduce the minimum area requirement for caravan parks from 2 hectares to 1 hectares and;

(ii) to provide Council with the discretion to vary any, or all, of the requirements contained in Part V, Division IX, l(b) where exceptional circumstances exist by inserting in Division IX, immediately following clause l(b)(-i) the following new clause:

“(-ii) Notwithstanding the provision of this Division the Council may dispense with or may modify all, or any, of the requirements herein if it considers that dispensation or modification is necessitated by the exceptional circumstances of the proposed caravan park. The Council may, upon request being made to it in that behalf, and in its absolute discretion from time to time in any particular case, forego all, or any, of its caravan park requirements provided that it can be demonstrated that no detrimental effects on the surrounding land uses will occur as a result of foregoing all, or any, of the requirements, to Council’s satisfaction. The circumstances in which Council will use this discretionary power is outlined in Council’s Local Planning Policy.”

Amendment No. 3

This is Amendment No.. 3 . ......... of the Planning Scheme for

the.. .... .syie. .OF .............. Iv\tAA.d I ..................................................... finally

approved by the Governor in Council on ao9Kmftiz \y$ ........................ ..

and pubiished in ths Gaxze on .&JkcwukRJ P&o .......................... ......

MIRANI SHIRE COUNCIL

AMENDMENT TO THE PLANNING SCHEME FOR MIRANI SHIRE TO SEPARATELY DEFINE BED AND BREAKFAST ACCOMMODATION AND FARM STAY

ACCOMMODATION AND TO INCORPORATE SUCH USES IN EACH ZONE IN THE PLANNING SCHEME AND BE ASSESSED USING A DEVELOPED SET OF CRITERIA

Amendment No. 3 Mirani Shire Council

1.

(a)

(b)

(c)

2.

(a)

(b)

w

(4

In Part I:

by replacing ‘Accommodarion unit” with the following:

“Accommodation unit” - Any premises used or inrended for use as a boarding house, guest house, hostel. unlicensed hotel, motel. unlicensed residemial club, serviced apartment, serviced room. The term does not include bed and breakfast accommodation, caravan park, caretakers residence. dwelling house, farm stay accommodation, hospital, hotel or institution, multiple dwelling as herein defmed;

by inserting the following new deftition immediately after the deftition of ‘Appointed day’:

‘BED & BREAKFAST ACCOMMODATION’ - Any premises used or intended for use as a temporary accommodation for tourisls provided by the resident or lessee of a dwelling house;

by inserting the following new deftirion immediately affer ‘Extractive Industry”:

“FARM STAY ACCOMMODATION” - Any premises used are intended for use as a temporary accommodation, where such accommoclarion is provided in conjunction with rural activities being conducted on the site, by the resident, lessee of a farm

In Division III, Part II

in Zone 1. “Business” zone

(9 by mserting in Column V “Farm Stay Accommodation”

in Zone 2, “Residential A” zone

(0 by insening in Column V “Farm Sray Accommodation”

in Zone 3. “Residen:ial B” zone

(9 by inserting in Column V “Farm Sray Accommodation”

in Zone 4. ‘Rural Residenrial’ zone

(0 by inserting in Column III ‘Bed & Breakfast Accommodation’. (provided requirements of Division XII. Part V are met)

(ii) by inserting in Column IV “Farm Sray Accommodation” (provided requiremcms of XIII. Pan V are met)

I

. Cc)

0-l

(?I

in Zone 5. ‘Village Rcsidcntial’ zone

(9 by inserting in Column III *BL~ 8r Breakfast Accommodation’. (provided requirements of Di\ision XII. PM V are met)

in Zone 6. ‘Light Industry’ zone:

(9 by inserting in Column V ‘Bed de Breakfast Accommodation’.

(ii) by insefling in Column V “Farm Stay Accommodation”

in Zone 7. “Heavy Industry’ zone

(9 by inserting in Column V “Bed&Breakfast Accommodation’.

Amendment No. 3 Mirani Shire Council

(ii) by inserting in Column V “Farm Stay Accommodation”

01)

(9

0’)

03

in Zone 8, ‘Noxious or Hazardous Indust+ zone

(9 by inserting in Column V “Bed & Bretia$f Accommcdation’.


in Zone 9, ‘Public Open Space’ one

(9 by inserting in Column V “Bed & Breakfast Accommodation”.


In Zone IO, “Private Open Space’ zone

(9 by inserting in Column V ‘Bed & Bretiast Accommodation’.

(ii) by insetting in Column V “Farm Stay Accommodation”

in Zone 13. Rural ‘.4” zone

(9 by inserting in Column V “Ekd & Breakfast Accommodation”. (provided requirements ofDivision XII, Part V are met)

(ii) by inserting in Column III “Farm Stay Accommodnrion” (provided requirements of XIII, Pan V are met)

(1) in Zone 14. Rural “B” zone

(9 by inserting in Column V ‘Bed & Breakfast Accommodation’. (provided requirements of Division XII. Pan V are met)

(ii) by inserting in Column III “Farm Stay Accommodation” (provided requirements of XIII, Part V are met)

3. In Division II, Part V “Parking Requirements”

(a) by inserting in Clause I of the [able, the following requirements:

(i) in Column I the Purpose, “Bed & Breakfast Accommodation’ and in Column II lhe Miiimum Parking Areas requirement ‘Normal to a dwelling house plus 1 space per bedroom approved for bed and breakfast accommodation”.

(ii) in Column 1 the Purpose. “Farm Stay Accommodation” and in Column II Ihe Minimum Parking Areas requirement “Normal lo a dwelling house plus I space pa bedroom approved for Farm Stay accommodarion”.

Amendment No. 3

.4. In Part V of the Scheme Mirani Shire Council .

(0) by inserting Division XII ‘Bed 8i Brwkfasl Accommodation’

I. The provision of this Division shall apply to all Bed & Breakfast accommcdation buildings whether or not approval of the Council is required under the Tcwn Planning Scheme for Shire of Mirani.

2. The following conditions shall apply lo all Bed & Breakfast accommodation buildings unless the Council. in view of the exceptional circnmstanccs of a particular developmtmt and upon application being made to it for a variation of the conditions, grants approval to the variation of the conditions contained hereunder:

(a) Bed & Breakfast accommodation shall be limited to a dwelling house which is occupied by the owner or lessee and between one and three bedrooms to accommodate not mere than six (6) tourists at any one time.

@) Visitors are lo be provided with a bedroom capable of being enclosed to prevent visual or other intrusion by members of the host family.

Cc) The bedman provided for visitors shall be in the same building as the kitchen, bathroom and toilet facilities.

Cd) All kitchen, bathroom and toilet facilities shall be kept to the satisfaction of the Council’s Health Department.

(e) Al least one (I) and no more than two (2) on site car parking spaces mw be provided for the visitors in addition IO car parking provided for the owner and his family.

0 The sign (logo) advertising bed and bretiast accommcdation shall be displayed on a visible place on the premises and shall not exceed a size of 0.3m’.

(a) by inserting Division XIII “Farm Stay Accommodation’

I. The provision of this Division shall apply to all Farm Stay accommodation buildings whether or not approvnl of the Council is required under the Town Planning Scheme for Shire of Mirani.

2. The following conditions shall apply to all Farm Slay accommodation buildings unless the Council, in view of the exceptional circumstances of a particular development and upon application being made to it for a variation of the conditions, grants approval to the variation of the conditions contained hereunder:

(a) Farm stay accommodation shall be provided in a dwelling house which is occupied by the owner or lessee or sane other habitable building(s) on the farm

Co) There shall be no mere thaw 6 visitors acconxncda:ed cn the site at any one tine.

(cl Visitors are to be provided with a bedroom capable of being enclosed to prevent visual or other intrusion by members of the host family.

(4 The bedroom provided for visitors shall be in the same building as the bathroom and toilet facilities.

(e) Separate kitchen facilities may be provided for visitors,

(0 All kitchen, bathroom and toilet facilities shall be kept to the satisfaction of the Council’s Health Department.

k) At Icast one (I) and no more than two (2) on site car parking spaces most be provided for the visitors in addition to car parking provided for the owner and his family.

01) The sign (logo) advertising bed and breakfast accommodation shall be displayed on B visihk place on the premises and shall not cxcecd a size of I Sm’.

3