order in council

ORDER IN COUNCIL

At jthe Executive Buildings, Brisbane, the thirty-first day of ugust, 1967!»*

1 Present: ,

His Excellency the Governor in Council

WHEREAS by The Local Government Acts, 1936 to 1965", it was amongst otherthings enacted that -

(1) town-planning scheme may be ade by a Local Authority for anydefined part or all of the land within th rea under its jurisdiction;

(2) When a Local uthority has decided to repare a town- lanning scheme,it shall pass a resolution to that effect efining the area it is proposedto include within the scheme and that a copy of this resolution shallbe forwarded together with a plan showing the area defined in the resolutionto the Minister;

(3) When the Minister has approved of such resolution his a proval shall bepublished in the Gazette, and the Local uthority ay then proceed withthe preparation of the scheme;

(4) When a town-planning scheme has been prepared by a Local Authority, andbefore it has been forwarded to the Minister for the approval of theGovernor in Council, the scheme and all plans connected therewith shallbe open for inspection at the office of the Local uthority for threemonths, and the Local Authority shall by advertise ent in the G zette andin some newspaper give due notice th t the scheme is o en to ins ection;

(5) During the time that a scheme is open to inspection, any person affectedby the scheme may forward objections to the scheme or to any part thereofin writing to the Local uthority together ith the reasons for such objections;

(6) After the pe iod of inspection all objections so lodged shall be consi ere by the Local Authority, and the Local Authority shall then for ard to theMinister the scheme together with the objections received, its representationsthereon, and a statement regarding the action it proposes to ta e in thecase of each objection;

ii

(7) The Governor in Council may require such a endments, alterations,additions to !-or modifications of the scheme as he may deem fit; and

(8) A town-planning scheme shall not have effect until it has been finallyapproved by the Governor in Council by Order in Council and notificationthereof published in the Gazette.

And hereas the Council of the Shire of Redland (h reinafter referred to as"the Council") at a meeting of the Council held on the 13th October, 1960, passedthe following resolution:-

"That unde Section 33 of "The Local Government Acts, 1936 to 1959", this Councilshall prepare a town plan of the whole ea of the Shire of Redland."

And whereas the Council in pursuance of the provisions of the said cts forwardeda copy of the said resolution together with a plan showing the area defined in theresolution to the Minister:

2.

And whereas the Minister on the 4th November, 1960, approved of the saidresolution and notification of such approval was published in the Gazetteof the 12th Nove ber, 1960:

And whereas the Council prepared a town-planning scheme for the Shire of Redland:

And whereas such town-planning scheme and all plans connected therewith were openfor inspection at the office of the Council for a period of three months, theCouncil, by advertisement published in "The Courier Mail" on the 30th January, 1964,.and the Gazette on the 1st February, 1964, giving due notice that the said town-

planning scheme was so open for inspection:

And whereas during the period the said town-planning scheme was so open for inspectioncertain persons affected thereby forwarded objections thereto or to part thereofin writing to the Council, together with reasons for such objections:

And whereas after the period of inspection all objections so lodged were consideredby the Council and the Council forwarded to the Minister the said town-planningscheme, together with the objections received, its representations thereon, anda statement regarding the action it proposed to take in the case of each objection:

And whereas by "The Local Government Acts, 1936 to 1966", it is amongst otherthings enacted that, where prior to the date of the passing of "The Local GovernmentActs Amendment Act of 1966", a Local Authority had co menced to proceed with thepreparation of a town-planning scheme under and pursuant to the provisions ofsection thirty-three of "The Local Government Acts, 1936 to 1965", as in forceimmediately prior to the passing of "The Local Government Acts Amendment Act of1966", (which section is hereinafter referred to as "the repealed section") theLocal Authority may continue and co plete the preparation of such scheme underand pursuant to the provisions of the repealed section and, upon the final approvalof such scheme by the Governor in Council pursuant to such provisions, the schemeshall be subject to the provisions of section thirty-three of "The Local GovernmentActs, 1936 to 1966":

And whereas the Governor in Council requires certain amendments to, alterations of,additions to, and modifications of the town-planning scheme prepared by the Council:

Now, therefore, His E cellency the Governor, acting by and with the advice of theExecutive Council, and in pursuance of the provisions of the said Acts, doth herebyrequire, declare, and direct -

(a) That the town-planning scheme prepared by the Council in consequenceof the resolution passed by the Council at a meeting held on the 13thOctober, 1960, and the Minister's approval thereof and as amended,altered, added to and modified by the Governor in Council shall be andthe same is hereby finally approved;

(b) That the said town-planning scheme so finally approved shall be thetown-planning scheme defined and delineated in the Schedule hereto.

A

And the Honourable the Minister for Local Government and Conservation is to givethe necessary directions herein accordingly.

C.H. CURTIS, Clerk of the Council.

3.

THE SHIRE OF REDLAND TOWN-PL NNING SCHEME

SCHEDULE

Interpretation

1. In this town-planning scheme, unless the context otherwise indicatesor requires, the following terms have the meanings respectively assigned tothem, that is to say:-

"Agriculture" - Includes horticulture and the use of land for the

purpose of husbandry, including the keeping or breeding oflivestock, poultry, or bees and the growing of fruit, vegetablesand the like: The term does not include the use of land forthe purposes of dog kennels, lot feeding of stock, piggeries,poultry farms or stables.

"Allotment" - a piece, parcel or subdivision of land the boundariesof which are separately defined by metes and bounds on a plan ofsurvey deposited in the Survey Office or, in the case of landunder "The Real Property Acts, 1861 to 1963", which has beensubdivided, any and every subdivision of such land the boundariesof which are separately defined by metes and bounds on the relevantplan of such land registered with the Registrar of itles underand in accordance with "The Real Property Acts, 1861 to 1963".

"Boarding-House" - Any land, building or other structure used orintended or adapted for use for the provision for hire of livingand/or sleeping accommodation and board at an exclusive or inclusivecharge. The term includes an hostel, lodging house, services rooms,residential club (unlicensed) and unlicensed hotel.

"Building" - any fixed structure which is either wholly or in part enclosedby walls and which is roofed. The term includes any part of a building.

"Bulk Store" - Any land, building or other structure or any part thereofused or intended for use for the bulk storage of goods.

"Cabin" - A building or other structure erected in a caravan park or

camp site for the provision of overnight or holiday accommodationof persons for fee or reward.

"Car Park" - Any premises used or intended for use for the parking ofmotor vehicles where such parking is not ancillary to some other useon the same site. For the purpose of this definition the term "parking"refers to the parking of a motor vehicle for a period ordinarily not inexcess of one (1) day at a time.

"Caravan Park" - Any land, building or other structure used or intended foruse for the parking of caravans and for the purpose of providing temporaryaccommodation for and rendering services to travellers or tourists.

"Caterer's Room" - Any premises used or intended for use for the holding ofreceptions at which food is served. The term does not include a hotelor refreshment establishment as defined herein or a club.

4.

"Cattery" - Any land, building or other structure used or intended

for use for the bbarding of cats or for the breeding of catsfor sale.

"Commercial Premises" - Any land, building or other structure or anypart thereof used or intended for use as a business office or aprofessional office or for other business or commercial purposes.

"Curtilage" - The area of land appurtenant to a building.

"Display Ho e" - A building designed for use as a detached house, used orintended for use for -

(a) The display of that building to the general public as a type ofdetached house that the person so displaying the building offersto build; or

(b) The display of that building to the general public for some otherbusiness or commercial purpose.

"Dog Kennel" - Any land, building or other structure used or intended foruse for the boarding of dogs or for the breeding of dogs for sale or forthe keeping of ore than two (2) greyhounds or more than two (2) dogsused for sporting purposes.

"Dwelling-House" - Any land, building or other structure which co prisesor is intended to comprise only self-contained accommodation includingsuch outbuildings as are incidental to and necessarily associated witha dwelling house: The term does not include a multiple dwelling or partof multiple dwelling.

"Dwelling-House - single family" - A dwelling-house designed for, oroccupied exclusively by one family.

"Educational Establishment" - Any lan , building or other structure or anypart thereof used or intended for use as a school college, university,technical institute, academy or other educational centre, public library,lecture hall, art gallery or museum: The term does not include an institution

"Erect" - Includes -

(a) erect or commence or continue to erect;

(b) do, or commence or continue to do, any work in the course ofor for the purpose of erecting;

(c) perform any structural work or make any alteration, addition orrebuilding;

(d) move from one position on an allotment to another positionon or partly on the same allotment or another allotment;

(e) re-erect with or without alteration on or partly on the same oranother allotment; or

(f) where a building or other structure is located on more than oneallotment -

(i) move to another position on the same allotments or any of the or to another allotment or allotments; or

(ii) re-erect with or without alteration on another position on the

sa e allotments or any of them or on another allotment or allotments

5.

"Extractive Industry" __ Any industry involving the extraction of sand,

gravel, clay, turf, soil, rock , stone or similar substances fromland and including, when carried out on the land from which anysuch substances are extracted or on land adjacent thereto, thetreatment of such substances and the manufacture of products fromsuch substances: The term also includes a mine.

"Filling" - The depositing of any material on land so as to materiallyraise the ground level of that land above the ground level of thatland at the appointed day: the term does not include things donepursuant to and in accordance with a notice issued under "TheMosquito Prevention and Destruction Regulations, 1942" or thecarrying out of any wor s on land, other than land which has onoccasions been submerged by flood waters, in connection with theerection of any building or other structure on that land.

"Forestry" - Includes any land, building or other structure used orintended to be used for the planting, growing and harvesting oftrees as a commercial venture: the term does not include a StateForest within the meaning of "The Forestry Act of 1959".

"Funeral Parlour" - Any premises used or intended for use by an undertakerin the carrying out of his occupation: the term includes a funeralchapel, parlour, or an office which is ancillary to and within thesite of a funeral parlour.

"General Indsutry" - Any industry which is not otherwise defined or

described herein.

"General Store" - Any building, the floor area whereof does not exceedtwo hundred (200) square metres, used or intended for use primarilyfor the purpose of displaying or offering for sale, by retail, ofa wide range of foodstuffs: the term includes incidental storageon the same premises of goods to be displayed or offered for sale.

"Goat Farm" - Any premises used or intended for use for the keeping orbreeding of goats: the term includes any premises not being anoutdoor entertainment or park as defined herein, at which the

number of goats kept exceeds three (3) at any one time.

"Hazardous and Noxious Industry" - Any industry included in Appendix 1hereto.

APPENDIX 1

Abattoirs (not poultry abattoirs)Abrasive blastingAcetylene manufacture or storageAcid manufacture or storageAmmonia manufacture or storageAnimal by-products factoriesBacon factoriesBattery smeltersBoiling down worksBone millsBottled gas manufacturing or

storageCandle worksCarbi e manufacturingCaustic soda anufacturing

Celluloid manufacturingCement worksChemical worksConcrete batching plants Cosmetic manufacturingCrushing plantDisinfectant manufacturingDistilleriesElectroplatingExplosive manufacturingFat extractingFell mongeringFertilizer works

6.

Fireworks manufacturing or storageFish and oyster preservingFish products processingFlock orksGas worksGlue anufacturingGun powder manufacturingHides, skin and tallow storesInfla able liquid factories and

inflammable liquid bottling worksManure treatment worksMatch factoriesMeat preserving worksOil cloth an linoleum factoriesOil storageOxygen works

Photographic film manufacturingPlastic manufacturingPoison manufacturingPreserving worksRag and bone dealer worksRubber illsSale yards

Slaughter housesSmeltering worksSoap worksSolder manufacturingTar and tar products manufacturingTurpentine manufacturingVarnish worksWoolscouring

"Heavy Industry" - Any industry included in Appendix II hereto.

APPENDIX II

Aircraft factoriesAsphaltic worksBitumen worksBoiler worksBottle yardsBreweriesBrick and pottery wo ksCar wreckingCanning worksCan worksCardboard manufacturingChain manufacturingChemical work (non-noxious or

hazardous)Coal supply wharves or storageConcrete pipe worksConfectionery and jam factoriesCooperagesCotton ginneriesDairy products factoriesDye worksEarthenware manufacturingEngineering and machinery worksFibro cement worksFldur millsFoundariesFreezing worksHeavy equipment manufacturing

display and salesHorse dealers

Ice worksIndustrial implements, manufacturing

and salesInk worksIron pipe worksIron and steel worksJoinery worksMetal and machinery manufacturing

and dealingMetal ware manufacturing and dealingMotor body builders and works Nail factoriesPaper illsPipe worksPlywood millsPotteriesPower housesRiding schoolsRope worksSand and gravel depotsSmall goods factoriesSoft drink factoriesStove orksSugar refineriesTextile millsTile worksTimber millsWharvesWool dumping and storesWoollen millsWorks depots (Council and Government)

"Home Occupation" - An occupation or profession carried on in or undera dwelling-house or within the curtilage of a dwelling-house by aperson resident therein and in the conduct of which -

(a) The floor area of that part of the dwelling-house used (whethertemporarily or permanently) does not exceed more than one-third (l/3rd)of the total floor area of the dwelling-house.

7.

(b) Not more than one (1) person is e ployed other than membersof the family of the person carrying on the occupation orprofession who are also resident in the dwelling-house;

(c) No source of power other than one (1) or more single phaseelectric motors having a total connected load of not morethan one-horse power is used, except with the written approvalof Council:

(d) No sign other than a sign not exceeding 0.5 square metres in area,and bearing only the name of the occupier and of the occupation isdisplayed:

(e) There is no public display of goods on the premises, except inthe case of horticultural nurseries, flower growing and market gardening

(f) No load is imposed on any public utility greater than that which isnor ally required by other uses permitted in the zone in which thedwelling-house is situated: and

(g) There is no interference with the amenity of the neighbourhoodby reason of the emission of noise, vibration, smell, fumes, smo e,vapour, steam, soot, ash, dust, waste water, waste products, grit,oil or otherwise.

"Hospital" - Any land, building or other structure or any part thereof used orintended for use as a hospital, sanatorium, nursing home, or home for infirm,incurable or convalescent persons: The ter includes buildings and otherstructures associated with such uses but does not include an institution.

"Hotel" - Any premises specified in a licensed victualler's license issued under"The Liquor Acts, 1912 to 1965" or any Act amending or in substitution for thoseActs.

f1*,

"Indoor Entertainments" - Any entertainment included in Appendix IIA hereto -

PPENDIX IIA

Amusement hallsArt galleriesBazaarsBilliard saloonsBowling centresBroadcasting stationsCinemasCircusesClubs (non-residential)Concert halls

Covered swimming poolsDance halls

ExhibitionsGymnasiumsLodgesMeeting halls (other than churches)Music hallsSchool of ArtsSide showsSkating rinksSquash courtsStadiaTheatres

8.

Industry" - Inclu es -

(a) any of the following operations

(i) any manufacturing process whether or not such process resultsin the production of a finished article;

(ii) the breaking up or dis antling of any goods or any articles fortrade, sale, or gain, or ancillary to any business;

(iii) the extraction of sand, gravel, clay, turf, soil, rock, stoneor similar substances from land;

(iv) repairing and servicing of articles including vehicles,machinery, buildings, and other structures, laundering ofarticles, but not including on-site ork on buildings orother structures;

(v) any operation connected with the installation of equipment andservices and the extermination of pests but not including on-siteork on buildings or other structures on land;

(vi) the dismantling of motor vehicles, whether the dismantlingis carried out by one operation or by a series of operations,for any purpose other than that of a car repair station or aservice station; and

(b) when carried on on land upon which any of the above operations arecarried on:-

(i) the storage of goods used in connection with or resulting fromany of the above operations;

(ii) the pro ision of ameniti s for persons engaged in such operations;

(iii) the sale of goods resulting fro such operations;

(i ) any work of administration or accounting in connection withsuch operations; and

(c) without limiting the generality of the foregoing, any industry orany class of industry particularly described or defined herein, but doesnot include a Home Occupation.

Institution" - Any land, building or other structure or any part thereof used

wholly or principally for -

(a) a home or other institution for backward persons; or

(b) a mental hospital; or

(c) a penal or reformatory institution.

9.

"Light Industry" - Any industry included in ppendix III hereto:-

APPENDIX III

(a) Any industry included under the definition of Service Industrybut which employs more than 5 persons;

(b) Any industry included under the definition of Home Occupation whichdoes not comply with the requirements of that definition;and

(c) The industries included in the following list:-

Aerated water factoriesAgricultural implements and

machinery showroomsAluminium worksAni al food factoriesArtificial flower manufacturersArtificial limb factoriesAsbestos products worksBag factories and storesBanana ripening roomsBattery worksBedding manufacturersBedstead factoriesBelting factoriesBiscuit factoriesBlacksmithsBlind factoriesBoat builders and repairersBoiler disencrustant fluid

factoriesBonded storesBookbindersBoot and shoe factoriesBottle departmentsBottling worksBowser repairersBox factories

Brake repairersBrass foundriesBrass workersBreakfast meal factoriesBristle and hair goods

manufacturersBroo and brush factoriesBuilders' workshopsBuilders' s pply depotsBuilding materials factoriesCabinet makersCannister worksCanning works (not noxious)Canvas goods makersCardboard articles factoriesCarpenters' and joiners' workshops

Carriage worksCarriers' stabling or garagesCart hirers and dealersCelluloid products manufacturers

Cement products works (other thanconcrete batching plants

Cereal food factoriesChaff millsChain makersCheese factories

Chemical works (non noxious or hazardous)Chutney factoriesCistern manufacturersCleansing material manufacturersClothing manufacturersCoir goods manufacturersCold storesConcrete block slab and pipe worksCondiment factoriesContractors' yards

CoppersmithsCordial and soft drink factoriesCork product worksCorset makersCosmetic manufacturersCotton goods factoriesCutlery worksDelivery depotsDental goods factoriesDepots of Council and Government

departmentsDisinfectant pest destroyer and

germicide factoriesDistilleriesDried fruit manufacturersDrive yourself car garagesElectrical advertising worksElectrical appliances factoriesElectrical aterials factoriesElectrical welding worksElectroplatersEnamelling worksEngineeringEngraversExperimental workshopsFarm implement worksFarmers and graziers supplies factoriesFelt goods manufacturersFelt worksFibrous goods factoriesFilm development works

10.

Film storageFishing gear manufacturersFishmongersFloor covering factoriesFoodstuff manufacturersFood preserving worksFootgear factoriesForestry products factoriesFoundriesFreezing worksFruit and vegetable spraymakersFruit products factoriesFurniture factoriesFur goods factoriesGalvanising worksGalvanised iron worksGasket manufacturersGas appliance workshopsGlasscutting and silvering worksGlass workersGlass products factoriesGrinding millsHardware factoriesHarness anufacturersHatcheriesHat factoriesHeating appliance factoriesHerb products manufacturersHessian anufacturersHorse dealersHosiery manufacturersHouse removersIce cream factoriesIce wor sInstrument manufacturers

IronworksIron and steel erchantsJelly manufacturersJewel case manufacturersJoineriesJute goods factoriesKnitting millsheadlight worksLeather goods manufacturersLivery stablesLumber yardsMachinery dealersMachine worksManufacturing chemistsMarble and Terrazzo worksMargarine factoriesMattress factori sMechanical repairing worksMedical goods manufacturersMetal workersMilk bottling and products worksMonumental masonsMotor body builders

Motor cycle worksMotor engineering worksMusical instru ent akersNapery manufacturersNet MakersOar makersOil manufacturersOrgan buildersOrnament makersOxy-welding worksPacking worksPaint spraying worksPaint manufacturingPattern makersPaper factories and products

manufacturingParkerising & bonderising worksPasteurising worksPeanut product factoriesPiano factoriesPickle factoriesPlaster modellersPlaster worksPlumbing worksPlywood millsPoison manufacturersPolish manufacturersPoster advertising worksPotato crisp factoriesPotteriesPoultry dressingPreserving worksProcess engraversProduce storesPure foods anufacturersRadiator worksRadio worksRefrigerator factoriesRemoversRepac ing of goods for domestic

consumptionRepair shopsRetreading worksRoofing material manufacturersRubber products factoriesSaddleriesSalt lick manufacturers Sauce factoriesSaw manufacturersScales manufacturersSheet etal workersShell grit depotShipping servicesShop fittersSmall goods factoriesSmithiesSmokers requisites manufacturersSoap manufacturers

11.

Spinning and weaving millsSports goods manufacturersSpring worksStationery manufacturersStereo makersStock food factoriesStone masonsStone worksStove worksStove repairersStraw hat manufacturersString factoriesSurgical supplies factoriesTent makersTextile manufacturersTextile goods factoriesTile worksTimber mills (no logs)Timber yardsTinsmiths' worksTobacco manufacturersToilet requisite manufacturers

Tool manufacturersTransport depotsTravelling requisites manufacturersTyre manufacturersUmbrella manufacturersUndertakers' worksUpholstery worksVegetable products factoriesVinegar factoriesVulcanising worksWashtub manufacturersWax products manufacturersWelding worksWheelwrightsWhiting manufacturersWire mattress manufacturersWire netting manufacturersWire workersWood workersZinc oxide works

"Liquid Fuel Depot" - Any land, building or other structure or any partthereof used or intended for use for the bulk storage of petrol, oil,petroleum products or other inflammable fuels, for wholesale distributionor for retail distribution in drums:he term does not include a service station.

"Marina facilities" - Any land, building or other structure used or intendedfor use for the storage of boats. The ter includes facilities for thefuelling and provisioning of boats and for the parking of motor vehiclesand boat trailers.

ir V

"Motel" - Any land, building or other structur that provides or is heldout as providing accommodation for the motoring public at large, forreward and that is denominated by the word "motel" or any combination ofthe word "motor", "auto" or "travel" or any derivation or contraction

of those words, with a word or any derivation or contraction of a word,denoting lodging or accommodation, whether alone or in conjunction withother words.

"Multiple Dwelling" - Any land, building or other structure used whollyor in part for residential purposes and occupied for that purpose byone or more people or one or more families living separately, and whichdoes not, in the opinion of the Council, constitute a dwelling-house -single family: The term includes a boarding-house or flat "building, but •does not include an hotel or motel.

"Nursery" - Any premises used or intended for use for the propogationand sale to members of the public of grasses, plants, shrubs or trees:the term includes the sale of garden supplies which shall be defined asany product or material in solid, gaseous or liquid form which by its usewould aid the propogation and actual growth of grasses, plants, shrubsor trees excluding the use of powered (electric or motorised) hand toolsor machinery: the term does not include the propogation of grasses, plants,shrubs or trees for hire or for sale to persons who purchase for thepurpose of resale or for use in agriculture as defined herein and it doesnot include forestry or a. oadside stall or shop as defined herei .

12.

"Outdoor Entertainment" - Any entertainment included in Appendix IIIAhereto:-

APPENDIX IIIA

Children's playgroundsCommercial or community swimming

poolsCoursing tracksCycling tracksDrive-in theatresExhibitionsFairs

Model car or aeroplane operations

Picnic areasRace tracksShowgroundsSpeedways

Sporting arenas, sporting fieldsor sporting rinks

StadiaTrotting tracksZoological and botanical gardens

"Park" - Any land to which the public has rights of access free of charge

which -

(a) has been ornamentally laid out or prepared;

(b) is maintained so as to preserve or enhance its naturalbeauty including its flora, fauna and geological orphysiographical features; or

(c) has been prepared or is aintained as a grassed area eitherwith or without trees or shrubbery,

and which is used or intended for use for open-air recreation:the term includes any facilities provided on such land for theenjoyment or convenience of the public being -

(i) kiosks for band-stands or light refresh ent booths;

(ii) picnic places, places for enjoying views, routes for naturestudy, parking places and footways;

(iii) information and display areas for the promotion of such land;

(iv) shelters and other public conveniences; or

(v) children's play areas:

he term includes a botanical garde a fauna or flora sanctuaryand any infrequent use for a sport or form of athletics conductedon an informal basis but does not include outdoor entertainmentsas defined herein.

"Piggery" - Any land, building or other structure used for t e keeping,depasturing, feeding or watering of pigs.

"Population Density" - The population density of a site used for amultiple dwelling based upon -

1.7 persons per single bedroom unit2.4 persons per two bedroom unit3.3 persons per three bedroom unit

4.0 persons per unit containing four or more bedrooms andexpressed in terms of the equivalent number of persons er hectare(e.g. a multiple dwelling containing 2 two-bedroom and 2 three-bedroomunits on a 1,000 square metre site would accommodate 11.4 personswhich would be equivalent to 114 persons per hectare).

13.

"Poultry Farms" - Any land, building or other structure used for the

keeping of poultry where the number of birds kept exceeds twenty-five.

"Public Utility" - Any of the following undertakings, namely

(a) A railway, tramway, road or air transport, wharf, harbour or riverundertaking;

(b) Undertakings for the supply of water, hydraulic power, electricity orgas or the provision of sewerage or drainage services.

"Refreshment Establishment" - any premises used or intended for use as acafe, fast foods outlet, fried fish shop, milk bar, refreshment kiosk,restaurant, snack bar, tea garden, tea room or the like: the ter does notinclude catere 's room , hotel, or shop as defined herein.

"Roadside Stall" - Any building or other structure not exceeding thirty-six(36) square metres in gross floor area used or intended for use for the

purpose of displaying or offering agricultural products, honey, poultry oreggs for sale to members of the public where more than fify (50) percentum ofsuch agicultural products, or where such honey, poultry, or eggs are producedon the same site, or for displaying or offering for sale fish, oysters orcrabs, etc. caught by professional fisherman resident on the same site:the term does not include nursery as defined herein.

"Rural Industry" - Any industry (not being a noxious or a hazardous industry),handling, treating, processing, or packing primary products: The termincludes the servicing on land in the Rural Zone of plant or equip ent usedfor agricultural or forestry purposes.

"Service Industry" - Any industry included in Appendix IV hereto provided -

APPENDIX IV

manufacturingBoot and shoe repairingBuilders' yardsBus depotsCar repair stationsCarpet laundriesCarriers

Cleaning contractingConfectionery and jam manufacturingConcrete products manufacturingCycle workshopsDrycleaning and dyingDuplicating and copyingFencepost and paling depotsFilm developing and printing andPhotographic studiosFish breedersFuel depots (no machinery)Gardening - marketHouse stump depots

Bakeries, cake and pastry icing sugar manufacturingLaundries

Lawnmower repairersLocksmithsMotor trimmersPainters

Parcel deliveries (single conveyance)Piano tuning and repairingPigeon breedersPlumbers (not manufacturing)Printing worksRefrigeration repairingRiding schoolsRope workers -

Seagrass makersTaxi depotsTelevision servicingTerrazzo layersVendors (milk, ice, fruit, pastry)Veterinary surgeons

14.

"Service Station" - Any land, building or other structure or anypart thereof used only for the following purposes, namely:- forthe sale by retail of petrol, oil, batteries, tyres, accessoriesand other things associated with motor vehicles; the supply of air;the fitting, re oval and exchange of tyres; the repairing of tubes;the charging of batteries; the lubrication of motor vehicles; theadjustment of carburettor; the cleaning and adjustment of sparkplugs and other minor running repairs; adjustments and maintenancein connection with motor vehicles; the receipt of tyres for retreadingand other processes and the redelivery thereof, and the rendering ofminor services incidental to any of the foregoing.

"Shop" - Includes any land, building or other structure or any partthereof used or intended for use for the purpose of displaying oroffering goods or livestock for sale by retail: the term does notinclude an hotel, stall or service station.

Showroom - Class ' '" - Any building, the floor area whereof exceeds

three hundred (300) square metres, used or intended for use for thepurposes of displaying or offering carpets, electrical appliances,furniture, hard are, or goods of a bulky nature not includingfoodstuffs for sale to members of the public: the term does notinclude a showroom - Class 'B' as defined herein.

"Showroom - Class 'B'" - Any premises used or intended for use for thepurpose of displaying or offering new or used agricul ral implementsor machinery, boats, caravans, motor vehicles, trailers or the likefor sale to e bers of the public: the term includes displaying oroffering accessories for sale where such use is ancillary to the above.

"Special Building" - Any land, building or other structure, for use for apurpose included in Appendix V hereto:-

APPENDIX V

AerodromesAmbulance purposesCemetariesCharitable purposesChildren's activity centresCivic centreCrematoriumCultural CentresEducational purposesFire brigades

Government departments orinstrumentalities

HeliportsHospital purposesLocal Government purposesOld persons ho esPassenger transport terminalsPrisonsReligious purposes

"Stable" - Any land, building or other structure used or capable of beingused for the stabling or keeping of a horse and includes any shed,loose box or stall used or capable of being used for the . keeping,stabling, feeding, watering, groo ing, shoeing or veterinary treatmentof a horse: the term includes a roofed yard.

"Use" - In relation to land, includes the carrying out of excavation workin or under land and the placing on land of any material or thingwhich is not a building or other structure: the term includes any usewhich in the opinion of council is incidental to an necessarily associatedwith the lawful use of the land in question.

Warehouse" - Any premises used or intended for use for the storage ofgoods, merchandise or materials in large stocks whether or not suchstorage is required for an adjoining shop or other co ercialpremises1, pending their distribution or sale to persons who purchasefor the purpose of resale only: the term includes a milk depotbut not a bulk' store as defined herein.

15.

"Zones" - The divisions into which the Shir of Redland is divided bythe Zoning Plan for the purposes of this town-planning scheme.

"Zoning Plan" - The plan consisting of ten sheets signed foridentification by the Clerk of the Executive Council and filed onrecord in the Department of Local Government on which are shownthe zones into which the Shire of Redland is divided for the purposesof this town-planning scheme. A copy of the Zoning Plan, similarlysigned for identification, shall be open for inspection at the publicoffice of the Council.

2. The part of the Shire of Redland herein designated as "Zones" are suchas are more particularly set forth in the Table of Zones herein and delineated onthe Zoning Plan.

3. (a) Those parts of the Shire of Redland shown coloured pink on theZoning Plan as Residential Zones are hereby declared to be Residential Zones.

(b) Those parts of the Shire of Redland shown coloured pink with a blueborder on the Zoning Plan as Residential Special Zones are hereby declared to beResidential Special Zones.

(c) Those parts of the Shire of Redlan shown coloured pink with redborder on the Zoning Plan as Residential High Density Zones are hereby declaredto be Residential High Density Zones.

(d) Those parts of the Shire of Redland shown coloured pink with greenborder on the Zoning Plan as Future Urban Zones are hereby declared to be FutureUrban Zones.

(e) Those parts of the Shire of Redland shown coloured yellow on theZoning Plan as Public Purposes Zones are hereby declared to be Public Purposes Zones.

(f) Those parts of the Shire of Redland shown coloured gree on theZoning Plan as Park and Recreation Zones are hereby declared to be Park andRecreation Zones.

(g) Those parts of the Shire of Redland shown coloured purple withred border on the Zoning Plan as Industrial, Motels and Service Stations Zonesare hereby declared to be Industrial,Motels and Service Stations Zones.

(h) Those parts of the Shire of Redland shown coloured purple withgreen border on the Zoning Plan as Industrial Light Zones are hereby declared tobe Industrial Light Zones.

(i) Those parts of the Shire of Redland shown coloured purple onthe Zoning Plan as Industrial Heavy Zones are hereby declared to be Industrial HeavyZones.

(j) Those parts of the Shire of Redland shown coloured purple with •yellow border on the Zoning Plan as Industrial Noxious and Hazardous Zones arehereby declared to be Industrial Noxious and Hazardous Zones.

(k) Those parts of the Shire of Redland shown coloured blue on theZoning Plan as Business Zones are hereby declared to be Business Zones. (l)

(l) Those parts of the Shire of Redland shown coloured brown on the ZoningPlan as Rural Zones are hereby declared to be Rural Zones.

16.

(m) Those parts of the Shire of Redland shown coloured yellow withblue border on the Zoning Plan as Special Purposes Zones are hereb declared tobe Special Purposes Zones.

(n) Those parts of the Shire of Redland shown coloured dark bluewith a yellow border on the Zoning Plan as Commercial Zones are hereby declared tobe Commercial Zones.

(o) Those parts of the Shire of Redland shown coloured dark brown onthe Zoning Plan as Rural/Residential Zones are hereby declared to be Rural/ResidentialZones.

4. Subject to clauses 6 and 7 of this Schedule -

(a) The purposes for which any building or other structure may beerected or used or for which land may be used under this town-planning scheme ithout the consent of the Council in any Zone shallbe in respect of that Zone, the purposes set forth in the secondcolumn of the Table of Zones herein opposite the name of thatZone under the heading "Purposes for which buildings or otherstructures may be erected or used or for which land may be usedwithout the consent of the Council."

(b) The purposes for which any building or other structure may beerected or used or for which land may be used under this town-planning scheme only with the prior consent of the Council in anyZone shall be in respect of that Zone the purposes set forth inthe third column of the Table of Zones herein opposite the name ofthat Zone under the heading "Purposes for which buildings orother structures may be erected or used or for which land may beused only with the consent of the Council."

(c) The purposes for which any building or other structure may not beerected or used or for which land ay not be used in any Zone shallbe in respect of that Zone the purposes set forth in the fourthcolumn of the Table of Zones herein opposite the name of that Zoneunder the heading "Purposes for which buildings or other structuresmay not be erected or used or for which land may not be used."

5. (a) Any person who desires to obtain the Council's consent pursuantto the provisions of clause 4(b) of this Schedule shall make application therefor tothe Council.

(b) Such application shall be -

(1) In writing;

(2) Signed by the applicant or applicants or, in the case of afirm, by one of the partners thereof or, in the case of acompany, or an unincorporated association by an authorisedofficer thereof; 3

(3) here the application is made by any person who is not theregistered proprietor or the registered lessee from theCrown of such land, accompanied by the consent, in writing,of such registered proprietor or registered lessee from theCrown;

17.

(4) Addressed to the Shire Clerk and truly set forth thefollowing particulars

(i) The full description of the land, together with thepostal address thereof;

(ii) The name of the registered proprietor in the case offreehold land or the name of the registered lessee inthe case of Crown land;

(iii) The name of the occupier;

(iv) The use desired to be made of the land ;

(v) The use being made of the land at the date of application;

(vi) A description of the buildings or other structureserected on the land and the use being made thereof atthe date of application;

(vii) A site plan and layout and, when requested by the ShireClerk, an elevation of any buildings or other structuresproposed to be erected on the land;

(viii) The number of persons engaged or proposed to be engagedin the particular use;

(ix) The total connected load of any mechanical power proposedto be employed in the particular use; and

(x) Such other information as may be requested by the ShireClerk.

(c) Where application is made to the Council for its consent pursuantto the provisions of clause 4(b) of this Schedule, the Council may decide togrant or refuse its consent or grant its consent subject to such conditions as it maydeem fit to impose.

6. (a) Notwithstanding anything herein contained where, at the date of thecoming into effect of this town-planning scheme, any land, building or other structureis being lawfully used for a purpose which, having regard to the Zone in which suchland, building or other structure is situated, constitutes a purpose for which anybuilding or other structure may not be erected or used or land may not be used in thatZone, pursuant to clause 4(c) of this Schedule, then such use (hereinafter referred toas a "non-conforming use") may be continued and, in the bona fide continuance

thereof, new materials and processes may be used and new products produced.

(b) Upon the demolition or destruction of any building or other structurein which a non-conforming use was carried on, or upon the occurrence of damage toany such building or other structure which, in the opinion of the Council is sosubstantial as to preclude the continuance of such non-conforming use, or upon thediscontinuance for a period of at least six months from any cause whatsoever of suchnon-conforming use, the right to continue such non-conforming use shall cease anddetermine unless the Council otherwise consents pursuant to subclauses (c) or (d)

of this clause.

(c) Where a building or other structure in which a non-conforming use

was carried on is demolished, destroyed or substantially damaged as aforesaid

the Council, may upon application being made to it 1

( ) -(1) Where such building or other structure is demolished or

18.

destroyed or so substantially damaged as, in the opinionof the Council, to preclude its repair, consent to theerection of a new building or other structure upon theland upon which the demolished, destroyed, or substantiallydamaged building or other structure as erected; or

(2) Where such building or other structure is so substantiallydamaged as, in the opinion of the Council, to pe it itsrepair, consent to the repair of such building or otherstructure; and

(ii) Consent to the use of the new building or other structure, oras the case may be, the repaired building or other structure forthe non-conforming use carried on in the demolished, destroyed, orsubstantially damaged building or other structure immediately priorto its demolition, destruction or substantial da age.

(d) Where a non-conforming use of any land, building or other structureis discontinued for a period of at least six months for any cause, the Council maysubsequently consent to such land, building or other structure being again usedfor that non-confor ing use.

(e) (i) The Council may, upon application being made to it, consent tothe execution of repairs, alterations or extensions to, or the rebuilding of, anybuilding or other structure in which a non-conforming use is carried on but anysuch repairs, alterations, additions or rebuilding shall be confined withinthe boundaries of the land upon which the building or other structure was erectedat the time of the coming into effect of this town-planning scheme.

(ii) Consent shall not be granted as aforesaid where the total floorarea of the building or other structure in question when repaired, altered, extendedor rebuilt would be more than 10% greater than the total floor area thereof at thedate of the coming into effect of this town-planning sche e.

For the purpose of this paragraph the term "total floor area"

shall, in respect of a building or other structure contai ing more than one (1) floor,mean the total of the floor areas of all the floors contained in the building orother structure in question.

(f) (i) Any person who desires to obtain the Council's consent pursuant tothe provisions of subclauses (c), (d) or (e) of this clause shall make applicationtherefor to the Council.

(ii) Such application shall be -

(1) In writing;

(2) Signed by the applicant or applicants or, in the case ofa firm, by one of the partners thereof, or, in the case of acompany or an unincorporated association, by an authorised

officer thereof; 3

(3) Where the application is a e by any person who is not theregistered proprietor or the registered lessee from the Crownof such land, accompanied by the consent in writing, of such

registered proprietor or registered lessee from the Crown;

19.

(4) Addressed to the Shire Clerk and truly set forth the followingparticulars

(i) The full description of the land, together with the postaladdress thereof;

(ii) The name of the registered proprietor in the case offreehold land or the name of the registered lessee in thecase of Crown land;


(iv) (a) In the case of an application under subclause(c) of this clause the non-conforming usepreviously carried on in the de olished, destroyed orsubstantially damaged building or other structure,the nature and cause of the demolition, destruction,or substantial damage, and the date of the occurrencethereof; and

(b) In the case of an application under subclause (d)of this clause the non-conforming use pre iouslycarried on and the reason for and the date of itsdiscontinuance;

(v) In the case of applications under subclauses (c) and(e) of this clause, the nature of the new building orother structure or the repairs, alterations, or extensionsintended to be executed, as the case ay be;

(vi) The reason or reasons why the non-conforming use isdesired to be continued.t

7. (a) person engaged in or carryin on any non-conforming use shall not,without the consent of the Council and otherwise than in strict conformity withthe conditions, if any, imposed by the Council in granting such consent, changesuch non-conforming use to any other use or engage in or carry on any additionaluse which, in either case, having regard to the Zone in which the non-conforminguse is carried on would constitute a purpose for which any buildings or otherstructure may not be erected or used or land may not be used in that Zone pursuantto clause 4(c) of this Schedule.

The Council shall not grant consent to a change of a non-confo ing useor the carrying on of an additional use as aforesaid, unless it is of the opinionthat the changed use or the additional use, as the case may be, would be lessprejudicial to the amenity of the locality than the existing non-conforming use.

Where the .Council grants consent to a change of a non-conforming useor the carrying on of an additional use as aforesaid, such changed use or suchadditional use, as the case may be, shall be eemed to be a non-conforming usefor the purposes of this Schedule.

(b) Any person who desires to obtain the Council's consent pursuant tothe provisions of subclause (a) of this clause shall make application thereforto the Council.

(c) Such application shall be -

20.

(1) In writing;

(2) Signed by the applicant or applicants or, in the case of afirm, by one of the partners thereof, or, in the case of acompany or an unincorporated association, by an authorisedofficer thereof;

(3) Where the application is ade by any person ho is not theregistered proprietor or the registered lessee from the Crownof such land, accompanied by the consent in writing, of suchregistered proprietor or registered lessee from the Crown;

(4) Addressed to the Shire Clerk and truly set forth thefollowing particulars:-

(i) The full description of the land, together with thepostal address thereof;

(ii) The name of the registered proprietor in the case offreehold land or the name of the registered lessee inthe case of Crown land;


(iv) The existing non-conforming use carried on;

(v) The changed or additional non-conforming use desired to becarried on;

(vi) he reasons for desiring to carry on such changed oradditional non-conforming use.

8. (a) In granting consent to the use of any land or the erection of anybuilding or other structure where such consent is required pursuant to the provisionsof this Schedule, the Council may im ose such conditions as it deems fit. In grantingor refusing its consent or imposing conditio s the Council shall have regard to theli elihood of the use or erection -

(i) Creating a traffic hazard; or

(ii) Increasing an existing traffic hazard; or

(iii) Prejudicing any lawful existing use in the relevant locality; or

(iv) Injuring the amenity of the locality, including the likelihood ofany injury or annoyance to any person due to the emission of smoke,fumes, dust, noise, s ell, ash, grit, vibration, oil, waste productsor any other cause.

(b) Nothing herein contained shall be construed to derogate from thepowers of the Council relating to roads, subdivision of land, buildings, or anyother matter, act or thing essential to the good rule and government of the rea.

9. Subject to clauses 6 and 7 of this Schedule -

(a) A person shall not, after the co ing into effect of this town-planningscheme, commence to erect or use any building or other structure orcommence to use any land in any Zone for a purpose set forth in thefourth column of the Table of Zones herein opposite the name of that Zone.

21.

(b) A person shall not, after the coining into effect of this town-planning scheme, commence to erect or use any building or othetstructure or commence to use any land in any Zone for a purpose setforth in the third column of the Table of Zones herein opposite thename of that Zone except with the prior consent of the Council and instrict conformity with the conditions (if any) imposed by the Councilin granting such consent.

10. person who in any respect contravenes or fails to comply with theprovisions of this town-planning scheme shall be guilty of an offence and liableto a penalty not exceeding one hundred dollars and additionally in the case ofa continuing offence, to a daily penalty not exceeding ten dollars for each andevery day on which the offence is continued.

Any offence against the provisions of this town-planning scheme may beprosecuted in a summary way under "The Justices Acts, 1886 to 1963."

Any right or remedy had by the Council in respect of any act or o issionof or by any person shall not be prejudiced or affected in any way by the factthat such act or omission constitutes an offence under this town-planning scheme for

which no person has been prosecuted. <

11. In any proceedings under this town-planning scheme -

(a) In relation to the owner or occupier of any land, the allegationor averment in the complaint that any person is the owner oroccupier of any land shall, in the absence of evidence in rebuttalthereof, be conclusive evidence that such person is the owner or

occupier of such land; and

(b) A signature purporting to be that of the Shire Clerk shall betaken to be the signat re it purports to be until the contraryis proved.

t ,12. Notwithstanding any other law or authority to the contrary, any breach

of the provisions of this town-planning sche e may be restrained by the SupremeCourt or a judge thereof by injunction.

13. Any consent granted by the Council in pursuance of the provisions ofthis town-planning scheme, for the use of any land, building or other structure,or for the erection of any building or other structure upon any land shall lapseand cease to have force and effect upon the expiration of a period of six calendarmonths fro the date of notice of such consent, or such other period as the Councilmay, in any particular case, prescribe, if the use and/or erection has not inthe opinion of the Council been substantially commenced prior to the expirationof such period.

14. Notwithstanding the provisions of the Table of Zones, an allotment orpart of an allotment shall not be used for the combined purposes of a servicestation and a shop unless the allotment or part thereof is included in the SpecialPurposes Zone and is designated "Service Station and Shop" on the relative zoning

plan.

22TABLE OF ZONES

(1)

ZONE

(2)

Purposes for whichbuildings or otherstructures may beerected or used orfor which land maybe used without theconsent of theCouncil

(3)

Purposes for whichbuildings or otherstructures may beerected or used orfor which land maybe used only withthe consent of theCouncil

(4)

Purposes for whichbuildings or otherstructures may notbe erected or usedor for which landmay not be used

Residential Dwelling houses -Single family whereerected on an allot'ment with an areaof 450 m2 or moreor an allotmentwith a frontage of12 metres or more(height limit oftwo storeys)

Agriculture All uses other thanBoarding houses those permitted byCar parks (only columns 2 and 3

where associatedwith an existingnon-conforming orpermissible useor with an existinguse of adjoiningland which isincluded in anotherzone)

Caterer's rooms

Display homesDwelling houses -

single family(three storey)

Dwelling houses -sin le familywhere erected onan allotment withan area of less than450 m2 or on arectangular allotmentwith a frontage ofless than 12 metres

FillingGeneral Stores

Home occupationsMarina facilitiesMotelsMultiple dwellings

(populationdensity not exceeding 100persons perhectare)

NurseriesPublic utilitiesRefreshment

Establishments(restaurants, teagardens and tearooms only)

Service StationsSpecial buildings

23

TABLE OF ZONES - Continued

(1)

ZONE

(2)

Purposes for whichbuil ings or otherstructures may beerected or used orfor which land maybe used without theconsent of theCouncil

(3)


(4)


ResidentialSpecial

Dwelling houses - Agriculture ll uses other

Single family Boarding houses than those

where erected on Car parks (only permitted byan allot ent with where associated columns 2 and 3

an area of 450 m2 with an existingor more or an non-conforming

allotment with a or permissiblefrontage of 12 use or with an

metres or more. existing use of

Parks adjoining landwhich is includedin another zone)

Caterer's rooms

Display homes

Dwelling houses -Single familywhere erected onan allotment withan area of lessthan 450 m2 or ona rectangularallotment with afrontage of lessthan 12 metres

FillingGeneral StoresHome OccupationsMarina facilitiesMotelsMultiple dwellings

(populationdensity notexceeding 100persons perhectare)

NurseriesPublic utilitiesRefreshment

EstablishmentsService StationsSpecial buildings

24TABLE OF ZONES - Continued

(1) (2) (3) (4)

r

ZONE

Purposes for whichbuildings or otherstructures may beerected or used orfor which la aybe used without theconsent of theCouncil

Purposes for whichbuildings or otherstructures may beerected or used orfor which land aybe use only withthe consent of theCouncil


, Resi entialHigh Density

ri

ii

Dwelling houses -Single familywhere erected onan allotment withan area of 450 m2or more or anallotment with afrontage of 12metres or more

Multiple Dwellings(populationdensity notexceeding 100persons perhectare)

Parks

Boarding houses All uses other thanCar parks (only those permitted by

where associated colu ns 2 and 3with an existingnon-conformingor permissibleuse or with anexisting use ofadjoining landwhich is includedin another zone)

Caterer s roomsDisplay homes

Dwelling houses -Single familywhere erected onan allotment withan area of lessthan 450 m2 or ona rectangularallotment with afrontage of lessthan 12 metres

FillingGeneral StoresHome occupationsIndoor entertainmentsMarina facilitiesMotelsMultiple dwellings

(population densityexceeding 100 personsper hectare but notexceeding 150 persons perhectare)

N rseriesOutdoor entertainmentsPublic utilitiesRefresh ent

EstablishmentsSpecial buildings

25TABLE OF ZONES continued

(1)

ZONE

(2)

Purposes for whichbuildings or otherstructures may beerected or usedor for which landmay be used withoutconsent of theCouncil

(3)

Purposes for whichbuildings or otherstructures may beerected or usedor for which landmay be used onlywith consent of tfy'eCouncil

(4)

Purposes for whichbuildings or otherstructures ay notbe erected or usedor for which landmay not be used

Future Urban

Industrial,Motels andService Stations

gricultureDwellinghouses -

Single familywhere erected onan allotment withan area of 450 m2or ore or anallotment with afrontage of 12metres or more

Parks

MotelsParksService Stations

Car arksCaterer's roomsD elling houses -

Single familywhere erectedon an allot¬ment with anarea of lessthan 450 m2 oron a rectangularallotment witha frontageof less thantwelve (12)metres)

EducationalEstablishments

FillingFarm machinery

(repairs and sales)General StoresHome occupationsIndoor entertain entsLot feeding of stockMarina facilitiesMotelsNurseriesOutdoor entertainments

PiggeriesPoultry abattoirsPoultry farmsPublic utilitiesRefreshment

EstablishmentsRural industriesService StationsSpecial buildingsStables

All uses otherhan those

permitte bycolumns 2 and 3

CabinsCar ParksCaravan ParksFillingHome occupationsMarina facilitiesRefreshment

Establishments

All uses otherthan thosepermitted bycolumns 2 and 3


r

(1)

ZONE

(2)

Purposes for whichbuildings or.otherstructures may beerected or used orfor which land maybe used without theconsent of theCouncil

(3)


(4)

Purposes for whichbuildin s or otherstructures may notbe erected or usedor for which landmay not be used

r Industrial Light

lIndustrial Heavy

lll

Bulk StoresLight Inds triesNurseriesParksService industriesShowrooms - Class 'B'

Warehouses

Boarding housesCabinsCar ParksCaravan parksCom ercial premisesDwellinghouses -

Single family(caretaker purposesonly or whencombined with ashop)


Extractive industriesFillingFuneral, parloursGeneral industries 1

Hazardous and Noxiousin ustries (onlyabrasive blastingwhen conductedwithin a building)Home occupationsHospitalsIndoor entertainmentsInstitutionsLiquid fuel depotsMarina facilitiesOutdoor entertainmentsPoultry abattoirsPublic utilitiesRefreshment

establishmentsRural industriesService StationsShopsShowrooms - Class 'A'

Special buildings


Bulk storesHeavy industriesLight industriesParksWarehouses

Boarding housesCar parksCaravan parksCo mercial premisesDwellinghouses -

Single family(caretakerspurposes only)



, 27TABLE OF ZONES - Continued'

(1) (2)


(3)

Purposes for whichbuildings or otherstructures may beerected or used orfor which land aybe used only withthe consent of theCouncil

(4)

Purposes for whichbuildings or otherstructu es may notbe erected or usedor for which landmay not be used

Industrial HeavyCont....

Industrial Noxiousand Hazardous

Heavy industriesLiquid fuel depotsParks

Extractive IndustriesFillingGeneral industriesHazardous and Noxious

industries (onlyabrasive blastingwhen conductedwithin a building)

Home occupationsIndoor entertainmentsInstitutionsLiquid fuel depotMarina facilitiesNurseriesOutdoo entertainmentsPoultry abattoirsPublic utilitiesRefreshment

establishmentsRural industriesService industriesService stationsSpecial buildings


griculture ll uses other thanBulk Stores those permitted byCar parks columns 2 and 3Caravan parksExtractive industriesFillingForestryGeneral industriesHazardous & Noxious

industriesHome occupationsIndoor entertainments

(where provided asstaff amenities inconjunction with anindustry and situatedon the land on whichsuch industry is conducted)

Outdoor entertainments(where provided as staffamenities in conjunctionwith an industry andsituated on the land onhich such industry is

conducted)Poultry abattoirs

28

TABLE OF ZONES

(1)

ZONE

(2) (3) (4)

Purposes for whichbuildings or otherstructures may beerected or used orfor which land maybe used without theconsent of the CouncilCouncil

Purposes for whichbuildings or otherstructures may beerected or used or

for hich land maybe used only withconsent of theCouncil

Purposes for whichbuildings or otherstructures ay notbe erected or usedor for which landmay not be used

Industrial Noxiousand Hazardous Cont...

Public utilitiesRural industriesSpecial buildingsStablesWarehouses

Business

IIIII

Commercial pre isesGeneral stores

Parks

Refreshmentestablishments

Shops (except asspecified inColumn 3)

Showrooms - Class 'A'

Bulk stores(where grossfloor area doesnot exceed 200

square metres)

Car parksCaterer's rooms

Dwelling housesDwelling houses -

single family(caretake

purposes only)Educational

establishments

All uses other than

those permitted bycolumns 2 and 3

FillingFuner l parloursHome occupationsHospital HotelsIndoor entertain entsInstitutionsMarina facilitiesMotels

Multiple dwellingsOutdoo entertainments

Public utilitiesService in ustriesService stations

Shops for the sale ofexplosive goods,fertilisers and firearms

Showrooms - Class 'B'

Special buildingsWarehouses (except wheregross floor areaexceeds 200 square metres)


r

III[I

(1)

ZONE

Commercial

Public Purposes

(2)

Purposes for whichbuildings or otherstructures may beerected or used orfor which land maybe used ithout theconsent of theCouncil

Comme cial pre ises

Parks

(3) ( )Purposes for whichbuildings or otherstructures ay beerected or used or

for which land maybe used only withthe consent of theCouncil

urposes for whichbuildings or otherstructures ay notbe erected or used oror which land may

not be used

ll uses other than g iculturethose permitted by column Cabins2 and prohibited bycolumn 4

Caravan ParksDog kennelsDwelling-housessingle family

Extractiveindustries

ForestryGeneral Industries

ParksSpecial buildi gs

All uses other than thosepermitted by Column 2

Goat farmsHazardous andnoxious industries

Heavy industries }InstitutionsLight industries Liquid fuel depots i;Piggeries jj,Po ltry farmsRoadside stallsRural industries Shops -jStables

II1

Parks and Parks

Recreation RecreationCar parksCaterer's roo sFillingHome occup tionsMarina facilitiesRefreshmentestablish ents

All uses other thanthose permitted byColumns 2 and 3

Rural

\\* (except within

catchment of LeslieHarrison Dam)

griculture Bulk stores All ses other th n ; ,

Dwelling houses - Cabins those permitted bysingle family Car parks columns 2 and 3where erected on Caravan parks 6

JL ! an allot ent with Cate er s oomsan area of 450 2 Catteries i or ore or an Display homesallotment with a Dog kennels pfrontage of 12 Dwellinghouses - i h

i imetres or more single f milyForestry where erecte onParks • an allotment with i,

an area of less than i


(1) (2) (3) (4)

Purposes for which Purposes for which Purposes for which

buildings or other buildings or other buildings or other

ZONE structures may be structures ay be structures may not

erected or used or erected o used or be erected or used or

for which land m y for which land ay for which land may not

be used without the be used only with be used

consent of the the consent of the

Council Council

Rural

* (except within Catchment ofLeslie Harrison Dam)

450 m or on rectangular allot¬ent with a frontage

of less than 12 metres

* Educationalestablis ment

E tractive' industries

* Farm machinery (re airs

and sales)* Filling* General tores* Goat f r s

Home occupations* Hotels* Indoor entertain ents

* Light indust ies* Liquid fuel depots* Lot feeding of stock* Marina facilities* Motels

* Nurseries* Outdoor entertain ents

* Piggeries* Poultry abattoirs* Poultry far s* Refreshment

establishments* Roadside st ll * Rural industries* Service industries

* Service stations

Special buildings* Stables

Rural/Residential AgricultureD elling-houses

single familyParks

All uses other thanthose permitted bycolumn 2 and prohibitedby colu n 4

Bulk storesCabinsCar parksCaravan par sCaterer's rooms

Commercial premisesExtractive IndustriFuneral parloursGeneral in ustriesHazardous and , %Noxious industri sHeavy industriesHotelsInstitutionsLight industriesLiquid fuel depotsLot feeding ofstock

3

(1)

ZONE

Rural/Residential

TABLE OF ZONES - Continued

(2)


(3)

Purposes for whichbuildings or otherstructures ay beerected or used orfor which land maybe used only withthe consent of theCouncil

(4)

Purposes for whichbuildings or otherstructures may notbe erected or usedor for which land maynot be used

Marina facilitiesCont... Multiple dwellings

PiggeriesPoultry abattoirsPoultry farmsRefreshment

_ establish ents

Rural IndustriesService Industries

ShopsShowrooms - Class 'A'

' Showrooms - Class 'B1

Warehouses

Parks Filling A uses other thanThe particular use Home occupations those per itted byindicated by scarlet Columns 2 and 3lettering on theZoning plan

Special Purposes

REDLAND SHIRE COUNCIL

D partment of Local Govern ent,

Brisbane, 22nd July, 1971.

HIS Excellency the Governor, acting by and with the advice of the ExecutiveCouncil and in pursuance of the provisions of the Local Govern ent Act 1936-1971,has been pleased to pprove of the follo ing By-laws made by the Council of theShire of Redland .

W.A.R. RAE.

W EREAS by the Local Government Act 1936-1971 a Local Authority is empoweredto make By-Laws for all or any of the purposes in the said Act mentioned, andhereas by section 33 of the said Act mentioned a Local Authority is empowered

to ake such By-laws as are necessary or convenient to i plement a to n-planningsche e and to provide for, regulate and control the ad inistration and execution

of a town-plannin scheme, and it is further rovided that a By-law may bea ended or repeale t any time by the Local Authority: It is he eby resolvedby the Council of the Shire of Re land, with the approval of His Excellency theGovernor in Council, that the following By-laws for the general good rule an government of the Area and its inhabitants, nd which the Council herebydetermines are necessary for the proper exercise and per or ance of the functionsof Local Govern ent and the powers an duties of the Council and to imple entand to provide for, regulate and control the .a ministration and execution ofany town-planning sche e in force in the Area, shall be in force from the dateof publication hereof in the Gazette.

The By-laws of the Council of the Shi e of Re land publishe in the Gazette on9th June, 1906, as a ended fro ti e to time, are hereby further amended asfollows:-

CHAPTER 30

Town Planning

1. By inserting after the heading"Town Planning" the following heading:-

Part 1

ADMINISTRATION2. By insertin the following By-laws:-

Part II

SPECIAL REQUIREMENTS IN RELATION TO PARTICULAR DEVELOPMENT

Service Stations

1. By-laws 2 to 7 both inclusive, of this Part apply in addition to therequire ents of any other By-la relating to ser ice stations, orpetrol service pumps.

2. (i) After the date of gazettal of this By-la service stations establishedin any part of the town-planning sche e area shall be situate only on siteszoned "in ustrial, otel and ser ice stations" or for which Council Consent

has been received and as far as practicable these shall be corner sites whenlocated in urb n areas.

(ii) Service stations established in those parts of the Shi e not coveredby the town-planning scheme shall be established only on sites approved bythe Council.

(iii) The minimu frontages to a road or roads of any land upon which aservice station may be erected shall be¬

ta) For a corner site - ninety-nine (99) feet on one frontage an ninety-five( 5) feet on the other;

(b) For other than a corner site in urban areas - one hundred and three (103)feet on the frontage and ninety-five (95) feet ini u depth;

(c) For other than corner site in rural areas - one hundred an twenty-three

(123) feet on the frontage and ninety-five (95) feet inimum depth.

3. (i) F .cept as hereinafte provide motor fue) pumps ha l be et back not

less t .an twenty (20) feet from road frontages and all buil ings and other

Gov. Gaz., 24th July, 1971, panes 1 706-1 7r)c ,n.i t.

2

structures (other than motor fuel >,jumps) shall he set back not lest than

thirty-two (32) feet from such frontages.

(ii) If the site is in a Residential Zone or buts a Residential Zonecleaiances of buildings and structures fro othei boundaries shall be

the same as are required for dwellings un er the Council s By-laws.

(iii) Clearances fro road frontages shall be easured ro the new roadfrontage after any roa idening or any truncation of the corner.

The applicant for consent to erect a service station hall submit with hisapplication a plan of layout showing the location and size of the propose building or other structure or in case of a service station within a

buil ing/of such service station in relation to the Real Property Officede cription oi the b un aries an roads fronting the se vice station,the position of otor fuel pump and at least on< elevation of theproposed building, shall, if the Council consents to the application-

(a) If the con ent is to erect a sorvio station building on land on whicha service station was not be'ng con ucte at th date of the a plication,ri ove all existing structures before the new building is used as a servicestation;

(b) dedicate as a road free of f'o t to the Counc l such part of the landas tlv Council requires to be so de icated for corner truncation. A

deceleration and acceleration lane not ore than t enty (20) feet widea]- .g the frontages of the sites shall be provided hen equire by th*jCovnci1.

T) me imu area which may be required un er this paragraph to be edicatedfc . t •< urpose of a corner truncation free of cost to the Council shall not

e.\ .o'Hi lie area of a truncation at a right angle corner of forty-five (4 )

li ks by three (3) equal chords.

If tb- 1 .'uncil requires a come-' trineation of an area in e ccsr of such

maxiir n area, the Council shall make to the a plicant compensation in respect

of surh excess area:

(c) For and grade the foot ay for the full length of the frontage o; thesite, form and grade the deceleration en acceleration lanes a areas oftruncation, construct the footwa , ec-leration arid accelerati 'a la->esand roadway or the truncated a ea an rovide a concrete kerb -nd channelling

to the standar require by the Council;

( ' Cons ruct reinforced industrial crossings over water channelling andfeetways;

(e) P ovi e to the satisfaction of the Council such stor water rainage asis consi ered necessary by the construction of the aforesai works end, inconnection therewith, any stormwater drainage require ents consi ere by theCouncil to be in excess of nor al unconcentrate run-off shall be th**

responsioilit\ of the developer who shall pay the costs of any additionaldrainage installation. The drainage is to be carried to a point at h,chit my be lawfully discharged ithout causing nuisance or annoyance to anyone.

The Council shall not be authorised hereby to require drainage works to beprovided with a carrying capaciy in excess of the Council engineer'scalculations necessary for the carrying off of all stor water from thelan the subject of the application and the road frontage- or frontages tosuch land.

he applican ay at his option carry out those arts of such works relatingto the construe _ion r stor water draina e in accordance with, specif ica „ionrlaid oown oy the Council an tnd- cl supervision o the Counc l's ¦¦ngmeer

or he ma\ pa tc the Council sue sum as shall be approve by the Councilan hich, shall be assessed m accordance ith current Council construction

C -.u-t as b ing the cost of such works, ir whicl event the Council shall,sulject tc tnc provisions of this Chap er, co plete such works ithin a reason¬able tine;

(f) I _y to the Council the cost of cry alterations to icblic utility ai sand ser ices rendere necessary in co-sequence of any roa works, drai age

c:'.r o c: apsings to be ca rie out as afo esai or pur uant sc ary I y-ln

of the Coun.dl or condition of consent imposed by the- Council.

(Ow r

3

f>. Ttic applicant may a his option carry out those arts of such orksrelating to the construction of the footway, concrete kerb and channelan reinforce industriai crossings in accordance with specificationslaid down by the Council and und r the supervision of the Council'sengineer or he may pay to the Council such su as shall be approved bythe Council and which shall be asse sed in accordance with current Councilconstruction costs as being the cost of such works, in which event the

Council shall, subject to the provisions of this Chapter, co plete suchworks within a reasonable ti e.

The Council shall be the sole constructing authority for all works on theroad pavement outside the line of the kerb and channel but the applicantshall be responsible for the cost of all such works along the frontage orfrontage of the lan to be developed as may be deemed necessary by tiieCouncil and he shall pay to the Council such sum as shall be approved bythe Council and which shall be assessed in acco ance with current Councilconstruction costs as being the cost of such works, in which event the

Council shal], ubject to the provisions of this Chapter, complete suchworks ithin a reasonable ti e.

6. All service station buildings shall be constructe in fire-resistant

materials within the meaning of the Act and of the By-laws of the Councilas defin in the Local Govern ent ct 1936-1970 as amended.

7. Compliance by the applicant with the requirements of this Part and withany other relevant By-law shall be a condition precedent to the grantingby the Council of a licence for the motor fuel pumps installed or to beinstalled on the subject land and such licence shall ot be granted untilall such requirements have been complied with in every respect.

SHOPS AND SHOPPING CENTRES

8. (1) In addition to the requirements of any other By-law the followingcon itions and requirements shall (subject to clause 2 of this By-law)a ply with respect to every building erected after the date of gazettaloi this By-law for the purpose of a shop or shops whether the buildingis for a purpose per itted by the town-planning sch me or for which theconsent of the Council is required un er the town-planning sche e-

(a) If a detached dwelling-house is on the site on which the proposedbuil ing is to be erected it shall be removed from the site befoiesuch proposed building is occupie unless, in the case of a sho , theapproved building plans for the proposed shop provide for the dwelling-house being attached thereto and pursuant thereto the dwelling-house isso attached;

(u) A detached welling-house shall not be erected in a Business Zoneor on land on which a shop is erected or in respect of hich consent for theerection of a shop has been applied for

(c) The owner of the land on which a building may be erected withoutthe consent of the Council, or the applicant for consent where consentto erect a building is required under the town-planning scheme and hasbeen grant d shall-

(i) Construct a pedestrian footpath at least twelve (12)feet wide, withnot less than five (5) feet of concrete path for the full lengthof the road frontage or, where there is more than one such frontage,such frontages to the land the subject of the application, with three(3) feet of concrete path on any frontage except a frontage ontowhich a shop or shops open;

(ii) Construct concrete ke b and channelling to the Council's specificationfor the full length of the roa frontage or, if there is more thanone such f ontage, such of theso frontages as the Council shalldetermine;

(i:i) Construct a reinforced in ustrial crossing or crossings over waterchannelling and footpath when in the opinion of the Council theprovision of such industrial crossing or cro sings is necessary;

(C'v i

4

(i l The applicant may at his option carr out those parts of such worksrelating to tne construction of the footpath, concrete kerb and channel

and in ustrial crossing or cros ings in accord nce with specificationslaid own by the Council an under the supervision of the Council'sengineer or he may pay to the Council uch su as shall be approvedby the Council an hich shall be assessed in accordance with current

Council construction costs as being the cost of such wor s,in which event

the Council shall, subject t( the provisions of this Chapter, completesuch works ithin a reasonabl- time;

(v) Provi e to the satisfaction f the Council such sto water drainage a it is considered necessary y the construction of the aforesaid wor s,and in connection therewith, any storm ater drainage requirementscon idered by the Council to be in excess of normal unconcentr te

run-off shall bo the respon ibility of the eveloper who shall payth'. co ts of any additional rainage installation. The drainage is

to be carried to point at wi ch it may be lawfully discharged withoutcausing nuisance or annoyance to anyone.

The Council hall not be authorise hereby to require rainage worksto be provided with a carrying capacity in excess of th" Councilenginee 's calcul tions necessary for the carrying off of all storm¬

ater from the land subject of the application and the road frontageor frontages to such land.

he applicant may at his option carryout those parts of such orksrelating to the construction of stor water dr i age in accordance

ith specifications laid down by the Council and under the super¬vision of the Council's engineer or he m y p y to the Council suchsu as shall be approved by the Council nd which shall be assessedin accordance with cu rent Counc l constiaction costs as being thecost cf uch orks, in hich event the Council shall, subject to theprovisions of this Chapter, complete such works within a reasonabletime.

If the Council is satisfied that the drainage orks which it mayrequire ill not be adequate and that the com letion of adequatedrainage works will be unreasonal costly, he Council ay refuseth application;

(vi) Form and grade the road ay for t e full length of the frontage orfrontages of the site, any deco loration an acceleration lanesand any area of truncation as deemed necessary by the Council;cons ruct and bitumen seal the roadway for the full length oftne f ont ge or frontages of the site, any deceleration andacceleration lanes and any area of truncation as dec-nec necessary

by tl.e Council.

The Council shall be the sole constructing authority f ., allconstruction ork outside the line of the kerb and char iel andthe applicant shall pay to the Council such su as shali be approvedby the Council and which shall be assessed in accordance with currentCouncil construction costs as being he cost of such orks in hichevent the Council shall, subject to the provi ions of this Chapter,co plete such works wit! in a reasonable time.

(vii) Prior to any development taking place, sub it a plan of layout andelevation sho ng the loc tion and size of the proposed buildings,parking areas an any other items which the Clerk so requires beshown, and at least one elevation of tne proposed development;

(d) The works referred to in clauses (.)/ (ii) (iii) an (v) of sub-paragraph (c) inclusive shall be carried out before the new buil ingis occupied;

(e) Th o ner or applicant shall bear the cost of any altera ionsnecessary to public utility mains, services or installations involvedin the construction of the abovernentioned works;

(f) The aterials used in and the execution of the abovementic: o wo ksshall be to the requirements and satisfaction o the council

f f) er

5

(g) The proposed buil ing shall be constructe of fire resistantmaterials as defined in the Local Government ct 1936-1970as amended;

(h) If an awning is provided over the footpath it shall be cantilevered;

(i) That all of that art of the site on which vehicles will be parkedand/or driven shall be bitumen surface ; and

(j) Where practicable, provision hall be made within the curtilage ofthe site for the loading and unloading of vehicles.

(2) The requirements set out in clause (ii) of subparagraph (c)and in subparagraphs (i) and (j) of clause (1) shall not apply to ashop to be erected on a single allotment if the ground floor area ofhe shop is less than seven hundre and fifty (750) square feet.

(3) This clause is limited in it application to buildings the ejectionwhereof is commence after the appointed day an -

(a) Which re new buil ings; or(b) Where such erection is connected with an exi ting building or

buildings on the ite in question, the floor space or aggregate of thefloo space whereof will be inc ease by more than fifty per centum(50%) by reason of such erection.

USE OF L ND AND ERECTION OF BUILDINGS IN N INDUSTRY ZONE

9. (1) The following conditions and require ents hall apply with respectto the use of any land or building on land or the erection of a buildingon land in an Industry Zone where such use or erection is com enced afterthe date of gazettal of this By-law (whether or not the consent of theCouncil is required under the town-planning sche e) the ownei, or in anycase where the consent of the Council is requi ed, the applicant for suchconsent shall-

(i) Construct reinforced in ustri l crossings fro roadway to propertyalign ent; and

( i) If Council dee s necessary-(a) Construct a pedestrian footpath twelve (12) feet wide, with not

less than three (3) feet of concrete path for the full lengthof the road frontage or, where there is ore than one suchfrontage, such frontages to the land the subject of the applic¬ation;

(b) Construct concrete kerb and channelling to the Council'sspecification for the full length of the road frontage or,if there is more than one such frontage, such of thosefrontages as the Council shall deter ine;

(c) The applicant may at his option carry out those parts of suchworks relating to the construction of In ustrie 1 crossings,pedestrian footpath or footpaths and concrete kerb and channellingin accordance with specifica ions laid down by the Council an under the supervision of the Council's engineer or he may payto the Council such sums as shall be approved by the Council andwhich shall be assessed in accordance with current Councilconstruction costs as being the cos of such works in which eventthe Council shall, subject to the provi ions of this Chapter,co plete such works within a reasonable time;

(d) Provide to the satisfaction of the Council suci stormwaterdrainage as is considere necessary by the construct on of theaforesaid wor s and, in connection therewith, any stor waterdrainage requirements considered by the Council to be in excessof n rmal unconcentrated run-off shall be the responsibilityof the eveloper who shall pay the cost of any additionaldrainage installation. The rainage is to be carried to apoint at which it may be lawfully discharged without causingnuis nce or annoyance to anyone.

(Over

6

T Cour.cij : hall not be authorised hereby to require rainage

orks t be ¦rovided with a carryin capacity in excess of the

Council ngi .eer's cnlculatiori necessary for the carrying off

of all i.toimwater from the land the subject of the applicationan the road frontage or frontages to such land.

The applicant may at his option carry out these parts c suchworks relating to the construction of stormwater drainage inacco dance ith specificati - r, laid o n by the Council andunder su ervision of the Cc mail's engineer or ho may pay to

the Council such sum as shall be approved by the Council andwhich shall be assessed in accordance with current Council

construction costs as being the cost of such works in which

e ent the Council hall, ubject to the provisions of thisChapter, complete uch wc> ks within a reasonaole time.

If th Council is satisfie that the drainage works which itmay r quire will not bn a equate and that the completion ofa equate rainage works will be unrea onably costly, theCouncil ay refuse the application;

(e) Form and grade the roadway for the full length of the frontageor frontage of the site, any deceleration and acceleration

lar s and any area of truncation as deemed necessary by theC uncil, construct and bitumen seal the roaoway for the full

length of the frontage or frontages of the site, any decel¬eration an i acceleration lanes and any area of truncation asdeemed necessary b the Council.

The Council shall be the sole constructing authority for allccnstruccion wor outsi e the line of the kerb an channel andthe applicant shall pa to the Council such sum as shall beap roved by the Council and wnich shall be a sesse in accor anceith cur ent Council construction costs as being the cost of such

wo ks in which event the Council shall, subjec to the provisionsof this Chapter, complete such works within a reasonable time.

Where any bitum n sealed roa construction along the frontageor frontages of the ite is deeme necessary by the Councilthe Council shall be res onsiblr for the cons ruction costs,based on the approved current Council construction costs, for

an area not exceeding eighty (80) squa e yards of such con¬struction .

(f) Pr or to any development ta ing place, su; it a plan of layoutand elevation showing the location and size of the proposedbuildings, pa king areas and any other ite s which the Clerkso requires be shown, and at least one elevation of thepropose development.

(g) The works referre to in subclauses (a), (b), (d) and (e) ofclause (ii) of paragraph (a) shall be carried out before thenew building is occupied.

(2) In an Industry Sone:-

(a) Parking areas for employees' vehicles shall be provi e withinthe curtilage of the site of every industry or business establishedafter the dare of gazettal of this Eb-law in the circumstancesand at the ti e hereun er set o t

(b) The Council may also require parking areas to be provided fromti e to ti e for th parking of customer' vehicle and ofvehicles used in connection wit! the industry or business to thee tent deter ine by the Council having regard to the naturean extent of the industry o bu iness proposed or existing?

(c) Such parki g : --a pro ision shall be ma e by the o ner of thelan on which the industry or b sine s is or will be conducted;

7

(d) All internal roads and parking areas on the land or adjoiningland which lead to or pass or are adjacent to any industryor business engaged in any manner in the preparation,

anufacture or packaging of food for human consu ption shallbe paved with bitumen to the satisfaction of the Council.Paving with bitumen of internal roads and parking areas inother industrial sites shall be dependent on the proposedindustry and shall be provided if it is deemed necessaryby the Council.

All par ing areas to which this paragraph applies shall beaintained in good order and con ition by such owne .

(3) In the case of employees' vehicles the requirement i posed byclau e (2) of this By-law sh ll be to provide such area for parkingas is reasonably sufficient having regard to:-

(i) The industry or busine s concerned;

(ii) The axi um nu ber of employees ordinarily working at anyone and the a e ti e;

(iii) The p obable needs of employees fo space for parking; and(iv) Such other factors as the Council deems relevant.

Part III

PARKING AREAS

Application of Part

1. (1) The provision of this Part shall not apply:-(a) To an ej cting use; or(b) For the use of a dwelling-house for the purpose of a home occupation

if the total floor area used (whether temporarily or permanently)for such purposes does not e ceed three hundred (300) .square feet.

(2) Where an existing building is extended or the area of land occupiedby an e isting use is increased, the requirements of this Part shallapply only to the extension of the building or to the use of theadditional land provided that where an additional accom odation unit,flat, guest suite, home unit, hospital bed or lubricating bay isprovided, or a bar lounge or beer garden extended or additionalemployment created as a direct result of the extension of anexisting building or land use the requirements of the Part shall applyirrespective of whether such acco modation unit, flat, guestsuite, home unit, hospital bed, lubricating bay or increased ba ,lounge or beer garden space is provided within the extended buildingor whether such additional employ ent occurs within the extendedbuilding or on the additional land.

Duty of co pliance

2. The owner and occupier of any land, building or other structure which isused for a use in respect of hich the parking require ents of this Partapply shall en ur that all of the requirements of this Part are compliedwith, at all times .

Parking requirements

3. (1) The mini um parking areas in the form of parking spaces as setout in the following table shall be provided in respect of all uses towhich the parking require ents of this Part apply:

(Over

USE MINIMUM PARKING SPACES

Accommodation Units

(excludin otels)1 domestic garage or covered arking space to each dwelling-house - single family and one domestic garage or co redparking space to each unit in a dwelling-house - two familyunit or multiple dwe]ling capable of neparate occupationor in ny case in such lesser ratio a the Council may inits discretion determ ne

Bulk Store 1 parking space for every 1'. 5 (2 ) employ es or 1 parkingpace for each 2,000 square feet of the total floor area

whichever is the greater

Caterer's Rooms .. 1 arking space for each ]00 square feet of the total floorarea or 1 rking space per every 2.5 (2*5) persons assessedon the maxi um nu ber to be catered for

Commercial Premises 1 parking space for every 500 square feet of tne total floor

area or 1 parking space for every two (2) empl yees which¬ever is the greater.

Hospital 1 parking space for every four (4) beds; in - dition 1parking space for every two (2) employees (except wheree ployees quarters are located in close roximity tothe hospital) and a further 1 parking space for ea- h staffdoctor.

Hotel 1 parking space for each fifteen (15) square feet of thebar floor area; in addition 1 parking space for eachthirty (30) square feet of the lou-je and beer gardenfloor area, and a further 1 parking space for each guestsuite

Industries (all classes) 1 parking space for every 2.5 (2*5) employees or 1 parkingspace for each one thousand (1,000) square feet of thetotal floor area v/hichever is the greater

Indoor Entertain ents.. 1 parking space for each town hundred (200) square feetof the total floor area or 1 parking space for evt-ry three(3) persons entertained at any one time, calculate atthe aximum ca acity; whichever is the greater

Places cf Public Worship 1 parking space for every (10) seats or places

Produce Store 1 par ing space for each two hundred and fifty (250)square feet of the total floor area

Professional Office 1 parking space for each five hundred (500)squa e feet of the total floor area or 1 parting spaceper e- ery two (2) employees whichever is the greater

Refresh ent Services . . 1 parking pace or each two hundred (200) square feetof the total floor area

Service Stations.. 5 parkin'* spaces for the first lubricating bay and parking spaces fo* each additional lubrica ing bay

Shops In the case of a single shop or where shops for partof a grou of shops the co bined gross floor area ofwh-ch does not exceed seven thou and (7,000) square

feet, 1 parking s ace for each one hundred and fifty(15 ) square f et of gross Joor area exc-edim onethou an (1,000) square feet but not exceecing seventhousand (7,000) s uare feet. Where the total grossfloor area exce ds sev- n th usand ( , C -O) square f>-et,

ten ',10) pa king spaces for ach on.- thousa-' (1,000)

square fee f gro c floor a: a

(Over

9

USE MINIMUM PARKING SPACES

Showroo 1 parking space for each two hun red and fiftysquare feet of the total floor area

(250)

Special Uses, Institutionsand Outdoor Entertain¬ments

Sufficient parking space/s to acco odate the amount ofvehicular traffic likely, in the opinion of the Council,to be generated by the particular development

Warehouse 1 parking space for every 2.5 (2 ) employees orspace for each two thousand (2,000) square feettotal floor area whichever i tne greater

1 parkingof the

(2) The parking space referred to in cluase (1) of this By-law shall be a spaceof 160 square feet the minimum idth of which shall be 9 ft.

4. (1) Subject to clause 3 of this By-law, a parking area shall be-

(a) At least thirty-five (35) feet wide;(b) At least twenty (20) feet dee (c) Le el or of such a gradient as in the opinion of the Council's engineer

to be suitable for vehicular parking;( ) Laid out to the satisfaction of the Council's en ineer in such anner

as to provi e adequate access to each parking space and to per it freecirculation of vehicles entering, leaving and parking;

(e) Constructe , seale , marked an maintaine to the satisfaction of theCouncil's engineer unless and until the Council rescinds or odifies suchrequire ent;

(f) Each space to be readily accessible for parking rom access lanes;(g) Indicated by means of a sign or signs to the satisfaction of the Council's

engineer;

(h) Located and constructed in such a position and manner respectively soas not, in the opinion of the Council to create any additional traffichazard in the locality.

(2) A parking area shall be locate u on the allot ent upon which the useis to be carried out unless by s ecial consent, which the Council ishereby empowered to give, the Council approves of the parking areab ing located on another allotment or other allotments in which casesuch a lotment or allot ents should normally be adjoining allot ents solocatr-. that any part of the parking area is not more than seven hun red

(700) eet from the allot ent upon which the use is to carried out.

(3) Where the allotment upon which a par ing area is required pursuant to thisPart is less than thirty-five (35) feet wide or where the required parkingarea is less than seven hundred (700) square feet, the Council may approveof a parking area of a lesser width than thirty-five (35) feet.

(4) The Council ay require that access to the parking area be provided fromtwo, (2) roads, in which case access ways within the parking area shall beat least twenty-two (22) feet wide.

(5) A parki g area required by this Part shall be:-

(a) Kept exclusively ,for parking;(b) Used exclusively for par ing; and(c) Maintaine in a fit and proper condition for parking purposes.

5. The Council may dispense with or may modify all or any of the require ents ofClauses 1 to 4 of this Part if it con iders that dispensation or modificationis necessitated by the exceptional circu stances of the particular u e.

(Over

10

Certificate

The foregoing resolution was passed on the twenty-first day of vanuary, 1971,at a Special Meeting of the Council of the Shire of Redland calied fo thatpurpose, and was duly deposited at the office of the Council. A notice interms of section 31 (27) of the Local Government Act, 1936-1970 was ulypublished. The aid resolu ion was confirmed on the t enty-fourth day of June,1971, at a special eeting of the said Council and has been sealed ith theseal of the said Council.

\

D. SI PSON, hire Cl rk

E.G. WOOD, Chair an

order in council

Documents