297 ORDINARY MEETING 24 JUNE 2009 APPLICATION FOR APPROVAL by olliegoblue29

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ORDINARY MEETING
                                                                                  23
24 JUNE 2009


APPLICATION FOR APPROVAL                           TO     EXHIBIT       A   FREESTANDING
ADVERTISEMENT – DIVISION 6

Aemelia Steblina : 8/1/3-29: #2137789

RECOMMENDATION:

That Council approve the application, to exhibit a 10 metre high freestanding
advertisement at Lot 703 Larsen Road, Redlynch as per Option 2.
_____________________________________________________________________

INTRODUCTION:

An application for approval to exhibit an advertisement was received on 27 April 2009
seeking approval to exhibit several advertisements at Lot 703 Larsen Road, for the
purpose of advertising the McDonald’s fast food restaurant to be built at the above
location as per Development Permit 8/30/95 dated 12th February 2009.

Eight other advertisements including one freestanding advertisement, seven wall
advertisements and one banner advertisement, have already been approved in
accordance with Local Law 28 (Control of Advertising) and Local Law Policy No. 6
(Control of Advertising) (Approval # 2063170).The applicant has submitted two options
for the subject advertisement. Option one is for a freestanding advertisement measuring
2.4 metres (wide) x 7.5 metres high, featuring ‘McDonald’s, the Logo, McCafe and
Drive-thru’, this advertisement provides advertising for McDonald’s only. Option two is
for a freestanding advertisement measuring 2.4 metres (wide) x 10 metres (high),
featuring ‘McDonald’s, the Logo, Open 24hrs and McCafe’, this advertisement provides
space for other businesses on the same site to exhibit an advertisement also. The
application is being referred to Council because Local Law 28 (Control of Advertising)
and Local Law Policy No.6 (Control of Advertising) do not provide clear regulations for
freestanding advertisements situated within the Residential/Rural Environment.


BACKGROUND:
The proposed location for the freestanding advertisement is situated at Lot 703 Larsen
Road Redlynch described as Lot 703 on SP198010. The site is designated as a
Residential 2 Planning area in accordance with CairnsPlan.

The classification of the advertisement is a freestanding advertisement which is defined
under Local Law Policy No. 6, as being




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‘Freestanding advertisement’ means an advertisement which:

(a)   is erected on a pole or poles, or on a pylon structure (‘a freestanding pole
      advertisement’);or
(b)   a solid, freestanding structure, and

      does not form part of any building or other structure.

When processing an application for approval to exhibit an advertisement, Council must
have regard to Local Law 28 (Control of Advertising), Section 12, Criteria for Approval,
Part (1), (2) and (3).

Schedule 5 of Local Law Policy No.6 clearly identifies that the proposed advertisement
would be considered as; Advertisements Subject to Approval.

As Local Law Policy No.6 (Control of Advertising), Section 8 Conditions of Approval,
does not provide height limitations for freestanding advertisements in Residential/Rural
Environment and Commercial Environment areas, Council officers refer to Section 8.3
and 8.4 (Advertisements in Mulgrave Road Designated Character Area), as a guide for
height limitations and other regulations for freestanding advertisements.

Section 8.3 Advertisements in Mulgrave Road Designated Character Area – Advertising
Controls applying to land Zoned ‘Residential’ and ‘Medium Density Residential’:
(c) Freestanding Advertisements; i) the height of the advertisement must not exceed
4m.

Section 8.4 Advertisements in Mulgrave Road Designated Character Area – Advertising
Controls applying to Land Zoned “Light Industry”, “Commercial” and “Business”:

(c) Freestanding Advertisements; i) The number of advertisements are limited to one
advertisement per site; ii) The advertisement must not exceed 8m in height if promoting
a single business; iii) The advertisement must not exceed 10m in height if promoting
multiple businesses; iv) The width of the advertisement must not exceed 2.5m; v) The
advertisement must not overhang a roadway or footpath.

COMMENT:

The site is located in a Residential 2 Planning Area, but has received Development
Approval as a Commercial site for multiple businesses. The site is also located in the
immediate vicinity of the Redlynch Central Shopping Centre. This property is designated
as a Commercial Environment under the Local Law and is within a District Centre
Planning Area in Cairns Plan, and has previously been issued with approval to exhibit a
freestanding advertisement, 12 metres high.

It is therefore considered the application for approval to exhibit a freestanding
advertisement at Lot 703 Larsen Road Redlynch, should be assessed according to
criteria and classifications of a Commercial Environment. Consequently the subject
advertisement would not detract from the amenity of the general area and furthermore if
approved as Option 2, will reduce the possibility of other businesses submitting
applications for approval to exhibit advertisements of a similar nature as capacity exists
on the sign to provide signage for other businesses.



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CONSIDERATIONS:

Statutory:

Council regulates the exhibition of advertisements visible from a road or public place by
considering criteria and classifications set down in Local Law 28 (Control of Advertising)
and supporting Local Law Policy No. 6 (Control of Advertising).

Policy:

Should the proposed advertisement be approved as Option 1 or refused, a standard
would be set for any future applications for approval to exhibit advertisements of a
similar nature. However should the application be approved as Option 2, further
applications for approval to exhibit advertisements at this site would be negated.

Risk:
N/A

Sustainability:
N/A

CONSULTATION:

Planning Officer
Coordinator Local Laws
Manager Environmental Assessment

OPTIONS:
The following options are suggested for Council’s consideration:

Option 1

Council approve the application to exhibit a freestanding advertisement, 7.5 metres
high, at Lot 703 Larsen Road Redlynch.

Option 2

Council approve the application to exhibit a freestanding advertisement, 10 metres high,
at Lot 703 Larsen Road Redlynch.

CONCLUSION:

Should Council approve Option 2, any future possibility of proliferation of
advertisements at this site will be reduced as additional signage space is provided on
this pylon, This will assist in preserving the amenity of the area, whilst still allowing all
businesses on site the opportunity to make the location of their premise known and
visible to the community.




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That Council approve Option 2.

ATTACHMENTS:

Appendix One – Locality Map
Appendix Two – Artwork of Site Plan and Proposed Advertisements



Aemelia Steblina
Local Laws Compliance Officer



Laurie Phipps
Manager Environmental Assessment



Peter Boyd
Acting General Manager Planning & Environment




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APPENDIX ONE




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APPENDIX TWO




                                 Location of
                                    sign




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Location of
   sign




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Option 2




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